Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Determination of proceeds of crime by calculating excess excavation as wrongful gain is upheld where documentary records and statements establish quantities beyond permitted limits; appellants failed to discharge the statutory onus to show legitimate source, so disclosed returns did not displace the calculation. Property acquired with excess income is treated as proceeds of crime, and where tainted property is not traceable the value of equivalent property (including assets purchased before the offence) may be provisionally attached subject to established safeguards and tests; provisional attachments were therefore confirmed.
Determination of proceeds of crime by calculating excess excavation as wrongful gain is upheld where documentary records and statements establish quantities beyond permitted limits; appellants failed to discharge the statutory onus to show legitimate source, so disclosed returns did not displace the calculation. Property acquired with excess income is treated as proceeds of crime, and where tainted property is not traceable the value of equivalent property (including assets purchased before the offence) may be provisionally attached subject to established safeguards and tests; provisional attachments were therefore confirmed.
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