Proceeds of crime

J

JamesGG

Registered User
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106
Need to clarify something here, what exactly are the Gards powers with this act and sums of cash over the amount of €6500.
 
Re: Proceeds of crime........

Why do you ask?
Proceeds of crime act
Seizure of certain property.
15.—(1) Where an order under this Act is in force, a member of the Garda Síochána or an officer of customs and excise may, for the purpose of preventing any property the subject of the order being removed from the State, seize the property.
(2) Property seized under this section shall be dealt with in accordance with the directions of the Court.
 
I take €10,000 out of the bank, give a loan to my bro. 6 months down the road my bro pays me back, I am stopped with x amount of cash, gard wants to take it. "its mine, my bro paid me back etc" "Gard under the proceeds of crime atc etc.....I am taking this"

How long can they keep it for, I was told 48 hours, then they must inform you they are applying to a judge for an extension, apply to judge and go from there.
 
Why were you stopped by the Garda ? The only reason I think he could have taken the money is if he believed it was the result of a criminal activity, which I thought you'd also be arrested for. Did you get a 'receipt' or something to say that the money was taken from you ?
 
Can your brother prove he gave it to you e.g. recent withdrawal(s) from Bank/ATM etc?
 
This is a hypothethical (It did happen to someone before and yes they were arrested) under section 2 of the drug trafficking act even though there were no drugs etc.
Gard said because of the area the person was in at the time etc. Whole thing went on for near a year and eventually they got it back, still had to spend about 1200 on a solicitor to "prove" their innocence. Thats why I wanted to know.
 
If the person you know got legal advice then presumably they know the answer and can tell you?
 
Something fishy here.
Why would anybody carry ten grand in CASH down the street for any purpose.
People use direct debits,cheques and money orders nowadays,not to mention internet banking.
I wouldnt take 200 euro out of an atm to give to somebody,i'd use the internet to pay it into thier account or hand them a draft.
And the cops just "happened" to know this "friend" was carrying the dosh?
Very suspicious.
 
ClubMan said:
Why not? Plenty of people do this for completely non-fishy reasons!
Click to expand...

If they had a screw loose maybe..cash we're talking about!
And i presume if they were banking the takings from a shop or whatever,the guards would know them or at least be able to check out thier story.
 
Several times I have carried several grand in cash for various (non fishy) reasons. I don't think I have a screw loose. There is no law against carrying your own money around in cash you know.
 
There are many reasons one could have this amount of cash, sale of car, etc.
Person did get legal advice but the advice that was available was rather poor, and of the many solicitors one spoke to there was not a vast amount of information. And the whole thing lasted for near a year when there was nothing even remotel fishy about it.....

It you, I or anyone else wants to walk down the road with 20 grand cash, its my money whats the problem? Is it against the law?
 
JamesGG said:
It you, I or anyone else wants to walk down the road with 20 grand cash, its my money whats the problem? Is it against the law?
Click to expand...
No. It's perfectly reasonable (albeit involving obvious security risks) for people to do this with their own money if they so choose.
 
Gard "because the area was a known area for trouble". Searched under section two of the drug traifficking act 19something.
 
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