5 October 2017

Proceeds of Crime Orders Made in Childcare Benefit Fraud Case

In the NSW Supreme Court Case of Application of the Commissioner of the Australian Federal Police; In the matter of Lami, the Australian Federal Police (AFP) sought a restraining order to preserve property (certain bank accounts held by Smart Care Solutions Pty Ltd) pending the making of a forfeiture order under the Proceeds of Crime Act 2002 (Cwlth). The application related to criminal charges brought against Ms Zahraa Saadi Majeed Lami (sole director of IGrow Family Day Care Pty Ltd) in relation to fraudulently claiming child care benefit from the Commonwealth Government. On 4 August 2017, Ms Lami was charged with two counts of obtaining a financial advantage by deception (section 134(2), Criminal Code Act 1995 (Cwlth) and one count of intentionally dealing in proceeds of crime, being money in excess of $1,000,000 under (section 400.3(1) of the Criminal Code). 

The court granted the restraining order. In addition to making of the order, the Court directed Ms Lami to provide to the AFP within 28 days a sworn statement, setting out:
  • all of her interests in property valued at AUD5.000 or more;
  • all of her liabilities valued at AUD5,000 or more.

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