Cash Seizure and Forfeiture
1st March 2010
The Director of Public Prosecutions v Laoise O’Dwyer
Dublin Circuit Criminal Court
On the 1st March 2010 Dublin Circuit Criminal Court ordered the forfeiture to the Exchequer of cash amounting to €12,500 pursuant to Section 39, Criminal Justice Act 1994, as amended by Section 21, Proceeds of Crime (Amendment) Act 2005, on the grounds that it was proven on the balance of probabilities to represent the proceeds of crime, or was intended for use in criminal conduct.
On 23rd January 2008 Revenue Enforcement Officers at Dublin Airport seized and detained the cash from an Irish citizen, Laoise O’Dwyer, as it was about to be exported to Malaga, Spain. Following an investigation by IPD, a file on the matter was referred to the Director of Public Prosecutions who ordered the forfeiture proceedings.
It had been claimed that the cash was to be used in the purchase of property in Spain. However this claim was not accepted by the Court.
The application at the Circuit Criminal Court was uncontested.