Pubdate: Sat, 21 Jul 2001
Source: West Australian (Australia)
Copyright: 2001 West Australian Newspapers Limited
Contact:  http://www.thewest.com.au
Details: http://www.mapinc.org/media/495
Author: Ben Martin
Bookmark: http://www.mapinc.org/find?188 (Outlaw Bikers)

CRIME LORDS UNITE TO PROTECT ASSETS

BIKIES from rival gangs and high-profile organised crime figures are 
setting up fighting funds to challenge WA's tough criminal confiscation laws.

Gang members are believed to be considering putting aside club rivalries 
and banding together to fight court prosecutions which could lead to 
massive gang wealth being forfeited.

So far this year, $7,048,848 in assets have been frozen, including 
$5,669,000 in real estate and $455,388 cash. Other assets included shares, 
vehicles, jewellery, bank accounts, boats and household goods.

An article in the May edition of national bikie magazine Live to Ride calls 
for donations to support a High Court challenge of the laws.

The article says concerned citizens notified the magazine about WA's 
criminal confiscation laws which were designed "to intimidate people who 
challenge the system imposed on us".

It calls for concerned citizens to donate money to a fighting fund and 
lists a Bunbury post office box number believed to be linked to the Coffin 
Cheaters bikie gang.

Det-Sen. Sgt Dudley Congdon, of the organised crime asset investigation 
unit, said people had to worry only about ill-gotten gains.

The West Australian understands high-level drug dealers from different 
syndicates also are considering banding together to fight the legislation.

Some established drug dealers are considered almost untouchable because 
dealing networks are designed to ensure they are not caught with drugs. But 
the Criminal Property Confiscation Act, introduced on January 1, targets 
the rich trappings of drug-dealing which motivate high-level drug syndicates.

Sources close to organised crime figures told The West Australian that 
unexplained wealth clauses in the legislation were causing the most concern 
in Perth's underworld.

They said some high-profile organised crime figures had called emergency 
meetings with lawyers to discuss the legislation.

Under the laws, prosecutors can apply for a court order to freeze assets, 
leaving the owner 21 days to appeal. The owner must prove the assets were 
acquired lawfully or face losing them. A court may declare a person a drug 
trafficker if he or she is convicted of possessing a trafficable amount of 
drugs. All their possessions can be forfeited.

Trafficable amounts include 28g of heroin, amphetamines and ecstasy and 
more than 250 marijuana plants or 3kg of cannabis products. A prosecutor 
also can apply to have a person declared a drug trafficker if he or she has 
three previous serious drug convictions.

Sen. Sgt Congdon said that, ironically, the assets went into a trust fund 
which could be used to pay costs incurred by the Director of Public 
Prosecutions and police.

Freezing notices have been served on 42 primary suspects. Several people 
with financial interests linked to the suspects also have had assets frozen.

Justice Minister Chris Ellison yesterday unveiled draft Federal proceeds of 
crime laws which would target drug traffickers, money launderers, people 
smugglers and serious property crimes.
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