High Court makes orders restraining respondents from disposing of assets where the evidence was sufficient to establish that they were the proceeds of crime, and where there was no evidence to demonstrate that the orders would involve a serious risk of injustice.
Criminal Assets Bureau – application for orders restraining respondents from disposing of assets which were the proceeds of crime – property and cash - mobile phone examined – discussions about the importation of drugs – three sums of €5,000 - 5 Gold Bars – cash from safe deposit box - events promotions – bank statements - tax evasion not in the mind of the Chief Bureau Officer when he formed his beliefs in relation to sources of funding for buying and paying mortgage loans on the properties - receiving and using very large amounts of cash for years – criminal conduct - sufficient reliable material within the matters placed before the Chief Bureau Officer to enable this Court to reach an overall conclusion in favour of the Bureau in relation to the reasonableness of the beliefs of the Chief Bureau Officer relating to Ellistown – evidence sufficient to support as reasonable his beliefs that the value in the Western Union Transfers, the contents of the safe deposit box in Merrion Vaults, and Ellistown were all acquired using property that, directly or indirectly, constituted proceeds of crime - establish as a matter of probability that each these items of property was, prima facie, acquired with or in connection with property that, directly or indirectly, constituted proceeds of crime - insufficient support for the belief of the Chief Bureau Officer that the Audi S3 motor car was bought with proceeds of crime – explanation insufficient to persuade this Court that €5,000 cash used to buy the Western Union Transfer in his favour was not sourced in proceeds of crime - insufficient to persuade this court that the contents of the safe deposit box seized from Merrion Vaults were not funded by proceeds of crime - no evidence of continued involvement of Adam Keatinge with organised crime or drug dealing after he got caught in late 2008, I consider that the more likely source of much of the cash which went through his hands between 2009 and 2015 was business receipts diverted by tax evasion – no serious risk of injustice – orders granted in respect of assets which were the proceeds of crime