New South Wales Crime Commission v Karezhev

The New South Wales Crime Commission brought proceedings against Karezhev, seeking an order under the Criminal Assets Recovery Act 1990 (NSW) that he pay the commission an amount of $4.5 million, being the proceeds of crime. The court was also asked to make several ancillary orders, including freezing orders, disclosure orders and an order that Karezhev provide security for the amount of the proceeds of crime. The application was brought on an ex parte basis. The court was required to decide whether the commission had made out a prima facie case that the amount claimed was the proceeds of crime, and whether ancillary orders should be made. The court found that the commission had made out a prima facie case that the amount claimed was the proceeds of crime. The commission had established a connection between Karezhev and organised criminal activity, and it had provided evidence that Karezhev had received the amount in question. The court found that the commission had discharged the onus of proving that the amount was the proceeds of crime on the balance of probabilities. The court also found that the commission had established the other elements required for it to make an order under the act. The court made the orders sought by the commission.