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Trade and Service Issues Bulletin 01/07

CUSTOMS DON'T ALWAYS WIN WHEN PROSECUTING RE THE VALUATION OF GOODS FROM CHINA 

 

 

Did you hear the one about...

 

One of our client's was charged by The Commonwealth Director of Public Prosecutions (DPP) under the Commonwealth CRIMES ACT with committing a fraud on the revenue. The allegation was that the Customs Value of goods imported over 33 shipments of garments from China had been under declared.

 

When we first looked at the charges we wondered what defence the person could possibly have, but remembering the principles that "you are innocent until proven guilty" and "everyone is entitled to a defence", we accepted the client's instructions.

 

After working with the client for quite some time we learned that there were aspects of the client's business in China which were not immediately obvious and that the client had a reasonable defence.

 

A nine (9) day commital hearing found that the client had no case to answer and so the trial in relation to the Criminal charges did not proceed and the client did not go to gaol.

 

The DPP then started an action under the Commonwealth PROCEEDS OF CRIME ACT, even though the Court had found that there was no reasonable chance of Criminal charges being proved.

 

A three week trial in the District Court of New South wales was schedued to hear the PROCEEDS OF CRIME ACT allegations.

 

The PROCEEDS OF CRIME action was settled on confidential terms on the first scheduled day of the three week hearing.

 

 

 Our suggestion:

 

Never assume that the situation presented to you or a client in a prosecution tells the entire story and that a client does not have a reasonable defence.

 

You should always give your client the benefit of the doubt and we suggest that your client should seek a professional opinion when faced with an action by Customs or the DPP.

 

 

Please do not hesitate to contact me with any questions?

 

 

With best regards,

 

John Law

 

The Down Under Trade Group - Justice, Trade & Customs

 

"Our Industry Experience, makes the difference"

 

Phone:

(02) 9873 1447 (International: 61 2 9873 1447)

Fax:

(02) 9873 1264 (International: 61 2 9873 1264)

Mobile:

0414 409 098 (International: 61 414 409 098)

Web:

 

 

Down Under Trade Consultants Pty Ltd
Down Under Legal Services Pty Ltd trading as Down Under Legal and Bennelong Legal
John V. Law & Co - Consultants for Customs House, International Trade & Government Initiatives & Solutions
mediating LATERAL Solutions - Dispute Resolution without Litigation
Brofor & Forbro Services - For Customs Brokers and Freight Forwarders

 

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