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Property of equivalent value may be provisionally attached under...
Equivalent-value attachment can reach pre-existing assets, but jointly owned property remains protected beyond the accused's attributable proceeds of crime.
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Property of equivalent value may be provisionally attached under the anti-money-laundering framework when directly or indirectly derived proceeds of crime are unavailable, siphoned off or have vanished. Such attachment is not restricted to assets acquired after the scheduled offence, and a disclosed legitimate source of acquisition does not prevent attachment where the asset is targeted as equivalent value rather than as proceeds of crime. For jointly owned property, attachment must remain limited to the value of proceeds attributed to the accused and cannot extend to a co-owner's independent share. The provisional attachment was sustained on that limited equivalent-value basis, and the appeal was dismissed.
Property of equivalent value may be provisionally attached under the anti-money-laundering framework when directly or indirectly derived proceeds of crime are unavailable, siphoned off or have vanished. Such attachment is not restricted to assets acquired after the scheduled offence, and a disclosed legitimate source of acquisition does not prevent attachment where the asset is targeted as equivalent value rather than as proceeds of crime. For jointly owned property, attachment must remain limited to the value of proceeds attributed to the accused and cannot extend to a co-owner's independent share. The provisional attachment was sustained on that limited equivalent-value basis, and the appeal was dismissed.
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