Asset Recovery Guidelines
New Zealand supports efforts to develop internationally-endorsed guidelines for the transparent and accountable management of returned stolen assets. New Zealand also supports the development of common principles governing the payment of compensation to countries affected by corruption, to ensure that such payments are made safely, fairly and in a transparent manner.
Country: New Zealand
Status: ongoing
Themes: Asset recovery
Last updated: December 2020
Classification:
Concrete: Concrete | New: New | Ambitious: Ambitious
New Zealand submitted its response to the StAR Data Collection Survey in February 2020. Moreover, New Zealand can make or receive a request for mutual assistance, including in relation to Asset Recovery, from any country under the Mutual Assistance in Criminal Matters Act 1992 (MACMA) To facilitate mutual assistance, New Zealand has declared a number of countries to be prescribed foreign countries. These countries are currently Australia, Fiji, Hong Kong, Niue, China, The Republic of Korea, The United Kingdom and the United States of America. Furthermore, in relation to compensation of victims, if an offence was prosecuted in New Zealand, a New Zealand Court can impose reparation pursuant to section 32 of the Sentencing Act 2002 to any person for any loss or damage. Notable Case Some time between March and July 2020 New Zealand Police’s Asset Recovery Unit restrained NZD$140 million from Canton Business Corporation and its owner Alexander Vinnik who were holding funds in a New Zealand company (it is alleged Vinnik operated this company from the United States). This is the largest restraint of funds in New Zealand Police history. Vinnik was arrested on money laundering allegations in Greece in 2017 and has since been extradited to France where he remains in custody. According to Police Commissioner Andrew Coster “New Zealand Police worked closely with the Internal Revenue Service of the United States“ He also said These funds are likely to reflect the profit gained from the victimisation of thousands, if not hundreds of thousands, of people globally as a result of cyber-crime and organised crime.” “This restraining order also demonstrates that New Zealand Police are actively conducting investigations with our international partners and that we have the expertise to investigate money laundering at the most serious level. An investigation is ongoing, pending an application to the High Court seeking forfeiture of these funds
Another notable case to check could be the YAN case: Proceedings against William Yan and Wei You in 2016, NZD42.85 million. Cooperation between New Zealand Police and Chinese authorities.