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Court of Appeal dismisses appeal against the determination that the balance in a bank account in the name of the appellant, being a sum just in excess of €75,000, constituted the proceeds of crime, on the grounds that the determination was both legally correct and one which it was open to the trial judge to reach on the basis of the evidence before him, and the threshold of a serious risk of injustice was not met.
Criminal Assets - balance in an AIB bank account in the name of the appellant being a sum just in excess of €75,000 - appellant challenges the legal basis for the trial judge’s finding that this money constitutes the proceeds of crime - evidence before the High Court established that this sum had been paid by a third party – order prohibiting disposal of assets – background facts – High Court judgment – relevant statutory provisions - the borrowing and receipt of the monies by the appellant means that the money laundering exercise is already underway even though the €75,000 has not been reduced or dealt with in any way – money received by the appellant in connection with - in the sense of being for the purposes of - criminal conduct, namely money laundering – serious risk of injustice - the serious risk of injustice issue is not properly before this court - threshold of a serious risk of injustice had not been met – appeal dismissed –
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