Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Tribunal applied a three limb reading of the statutory definition of proceeds of crime, holding that where actual tainted property is not traceable, any other property of equivalent value may be provisionally attached as the "value of any such property", including property acquired prior to the scheduled offence; this preserves the statute's remedial aim and avoids rendering the second limb redundant. On the facts, transactional tracing and recorded statements supported that remittances to a corporate vehicle were used to acquire assets, so those receipts and assets qualified as proceeds of crime or their value. The Tribunal also confirmed that attachment may extend to persons not named in the predicate complaint when material shows involvement with proceeds.
Tribunal applied a three limb reading of the statutory definition of proceeds of crime, holding that where actual tainted property is not traceable, any other property of equivalent value may be provisionally attached as the "value of any such property", including property acquired prior to the scheduled offence; this preserves the statute's remedial aim and avoids rendering the second limb redundant. On the facts, transactional tracing and recorded statements supported that remittances to a corporate vehicle were used to acquire assets, so those receipts and assets qualified as proceeds of crime or their value. The Tribunal also confirmed that attachment may extend to persons not named in the predicate complaint when material shows involvement with proceeds.
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