The AFP-led Criminal Assets Confiscation Taskforce (CACT) has restrained about $8.4 million in assets - including residential and commercial properties, vehicles and a jet ski - following an investigation into the sale of illicit tobacco in the Northern Territory.
The proceeds of crime investigation began after the Northern Territory Police alerted the AFP they had seized thousands of cigarettes and vapes, and charged a Queensland man, 27, who was allegedly found in possession of the illicit products. It is alleged the seized items were intended to be sold within the Northern Territory.
Between February and June 2024, Northern Territory Police seized almost 946,000 cigarettes, more than 12,000 nicotine vapes, almost 86kg of loose tobacco, 1,400 tobacco pouches with counterfeit health warning labels, and 644 nitrous oxide canisters after executing search warrants in Northern Territory.
Northern Territory Police also restrained $580,000 in a bank account suspected of being the proceeds of crime related to this investigation.
AFP CACT investigators, working with officers from the Northern Territory Police and Queensland Police, focused on the man's financial activities and the suspicion the value of his assets exceeded his lawfully declared income.
After these investigations, the CACT litigation team applied to the Northern Territory Supreme Court to restrain assets under the Proceeds of Crime Act 2002 (Cth).
The restrained assets, which include two commercial and three residential properties in Queensland, two vehicles - including a Mercedes Benz G63 AMG valued at about $244,000 - a jet ski and about $1 million in three Australian bank accounts, are estimated to be worth about $8.4 million.
AFP Commander Jason Kennedy said the CACT would pursue confiscation orders in relation to the restrained assets.
"The AFP and our partners are committed to targeting the proceeds, instruments and benefits of the illicit tobacco trade," Commander Kennedy said.
"The ability to restrain and confiscate the assets of those who act illegally sends the message that they not only risk a term of imprisonment, but also the loss of their ill-gotten gains."
Northern Territory Police Detective Acting Superintendent David Richardson said these results should serve as a clear warning.
"If you attempt to bring illicit tobacco into the Northern Territory, we will find you," a/Supt Richardson said.
"We will not only seize the illicit products but will also target and restrain any assets gained through these illegal profits.
"The Northern Territory Police Force together with our federal partners will continue to target those who seek to exploit our community and profit at the expense of Territorians."
Queensland Police Service Drug and Serious Crime Group Detective Acting Superintendent Melissa Anderson said the QPS was committed to the ongoing disruption and investigation of organised crime seeking to profit from the sale of illicit tobacco.
"To achieve this, we work in partnership with stakeholders, including interstate police and Commonwealth agencies to disrupt tobacco related crime and minimise the harm caused to the community," a/Supt Anderson said.
The Commonwealth's proceeds of crime laws provide expansive tools for the restraint of both the proceeds and instruments of crime, as well as pecuniary penalty and unexplained wealth orders, based on a civil standard of proof.
These laws operate separately to any criminal prosecution and can also operate when there is no related criminal investigation or prosecution.
The AFP-led CACT brings together the resources and expertise of the AFP, Australian Border Force, Australian Taxation Office, Australian Criminal Intelligence Commission and AUSTRAC. These agencies together trace, restrain and ultimately confiscate criminal assets.
Once forfeited to the Commonwealth, assets are liquidated by the Australian Financial Security Authority Official Trustee.
The funds derived from the sale of forfeited assets are placed into the Confiscated Assets Account, managed by the Official Trustee on behalf of the Commonwealth.
These funds can be distributed by the Minister for Home Affairs to benefit the community through crime prevention measures, diversion programs or other law enforcement initiatives.
