The Director of Public Prosecutions v Yuen Chi (Gary) Chan

Amount Forfeited

€8,500

Court Date

25 June 2015

Venue

Dublin Circuit Criminal Court

Judge

Martin Nolan

Summary

On the 25 June 2015, Dublin Circuit Court ordered the forfeiture to the Exchequer of cash amounting to €8,500 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 and that the explanations given did not stand up to scrutiny.

On 16 July 2013 Revenue Enforcement Officers at Dublin Airport seized and detained cash in the sum of €8,500, from a Yuen Chi Chan (aka Gary Chan), a Chinese national, following a positive indication by a cash detector dog. Mr Chan was about to board a flight to Hong Kong via Dubai. He initially claimed that he had €3000 but when a search commenced Mr Chan admitted he had approximately €8,000. At first he said he had earned the money in his Chinese restaurant in Artane, Dublin 5 but later stated that he hadn't worked there for five or six years. He then said he obtained the cash "from friends, a few friends", that he didn't know their names but he knew them to see. Mr Chan said he was intending to use the money to pay back relatives and friends in China.

Following an investigation by Revenue's Investigations and Prosecutions Division, a file on the matter was referred to the Director of Public Prosecutions who directed the forfeiture proceedings.

The application was granted on consent and the cash was forfeited to the State.