Saturday, December 13, 2008

Profits of Crime Freezing Order

In early August 2008 the West Australian Department of Public Prosecution and the West Australian Police proceeds of crime unit froze all my property and bank accounts in the belief that I had received monies from the sale of my book. A simple telephone call to Aust Track (a Federal agency specifically set up to track all money transactions within Australia) by the investigating officer would have shown that I had not received one cent from the sale of the book. In the mean time I had to beg for money so that I could pay a lawyer the $4000 needed to lodge an objection to the order in the Supreme Court of Western Australia within 30 days of receival of the notice or all my money and property would be automatically confiscated by the State, regardless. Luckily I have some really good friends who helped me out. On 19 December 2008 the Supreme Court of WA dismissed the freezing order against me and awared me costs (ie the $4000 I borrowed to pay for a lawyer to lodge and objection). Upwards of $50000 of taxpayers was wasted on this exercise. My sincere thanks to all those who helped out(especially Fess Parker and Martin Bennett). Merry Xmas and a Happy New Year to everyone out there.

13 comments:

  1. Dave, what a stupid law that is.
    Even if you had recieved money from the book(and i dont think youre silly enough to do so)then the profits of crime should only relate to monies earned from the book,not assets you had earned legally.
    Havent you paid your debt to society in the eyes of the law??
    Why should you be hounded for the rest of your life??
    The Goverment seems to have lost touch with giving people a fair go and just want to grab as much as they can,keep fighting mate and all the best to you.
    Stay low, Stay safe.
    Steve

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  2. Hi Steve,

    yep, that's the way it is in WA. However, what can you do? The only negative press I have received since the book was launched was from Western Australia. Got a fair go in the rest of the country. Thery don't call it the wild west without good cause.
    Cheers mate,
    Dave

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  3. How does this proceeds of crime thing work? Chopper Read has written books and even did a stand up show. Where did his money go?

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  5. Dave is the book published in the UK?? Have some mates who are interested in reading it.
    Sent you a email a while back,but no answer.
    All the best.
    Steve

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  6. G'day Dave,

    I just read todays west australian and am happy to see that they have unfrozen your property and bank accounts.
    I agree with the profits of crime law when it is for drug dealers and the like. I don't see how it is possible for them to try it on with you. You did some good things in your life and also made some poor choices, but writing a book that will most definately make some people think twice about what they plan to do, or wish they had of done should not be subject to such an order. You have done your time for your convictions, and now you should be allowed to have a job as an author and make an income. I am sure writing that book wasn't easy, i suspect it was a lot of hard work and therefore you should be allowed to profit (even though you haven't) from it. It is a worthy story to make an income, if you had been bragging or gloating about your past and making it look attractive to people then sure. But your book should steer people away from such things.
    By far the best book i have ever read. I can't wait to read the lost tunnels. I have recommended the book to everyone i know.

    All the best for the new year, hopefully they leave you in peace now.

    Cheers
    Andy Gaffney.

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  7. Hi Steve,
    sorry about not getting back to you. Had a tonne of emails I had to try and answer. The book isn't available in the UK yet. You can purchase it online, I think amazon has it as do a number of Australian online distributors. I'll go back through the emails and see if I can find your previous. Best for the New Yar and hope you had a great Xmas.
    Cheers,
    Dave

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  8. G'day Andy,
    thanks for your feed back and your support. Glad you enjoyed the book. I have had a really good positive media run over here in the eastern states as compared to WA. They recognise and encourage people who have decided to turn their backs on crime and make a go of things over here, which is really good. Especially so when they are encouraging others to think twice about going down that path. I've also had an absolute bomb of supportive emails dropped on me since this freezing order was lodged. Even from ex-coppers in WA who have read the book and now have the full picture. I only focus on the positives, life is too short for negativity. Thanks again for your kind words.
    Cheers,
    Dave

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  9. Hey,
    Just thought I'd help out those looking to buy the book online.

    Amazon UK: http://www.amazon.co.uk/Shadow-Warrior-Australias-Most-Wanted/dp/0718104978

    Amazon US (global):http://www.amazon.com/gp/product/0718104978/ref=cm_cr_asin_lnk

    Absolutely loved the book however it has made me have to think hard about my future. Being a WA boy the lure of joining the SAS for both the excitement and the chance to work back in my home state is strong but after reading your book I think I will pursue a tertiary education first and then reconsider. Anyway all the best hope things settle down a bit for you.

    Cheers,
    Sam

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  10. It is a ridiculously unfair law in its entirety, and can lead to the confiscation of your house even though you can prove that was purchased with "honest money" long before one commited a crime.I can remember our WA Director of Prosecutions (under Labor) commenting on the case where a wife who was not aware of her husband's criminal activities was to be evicted and the house seized and sold as "proceeds of crime". He relented and said that she should receive half of the proceeds of the sale.
    Sounds like just another Govt. "Money Grab" that should be closely investigated.

    Thoroughly enjoyed "Shadow Warrior", Dave. Was sorry when I finished. Now waiting on your next book.
    Less fishing & more writing till you come up with the next one, please.

    cheers & good luck,
    Gabe

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  12. Hi Gabe,yep, this particular law is really scary. WA is slowy being turned into a fascist state by stealth. The DPP are bending these laws to suit their own purposes and don't care if they stuff innocent people around. In fact I think they take a sick delight in it. They are doing it for the exact reason that you have stated I think. Shameful of the head of the DPP to graciously give the poor woman and her children half the proceeds of the house sale. How can he look at himself in the mirror of a morning?? This is the same guy who publicly stated the Andrew Mallard was still the prime suspect in the murder of the poor woman in Mosman Park all those years ago after he was released on appeal to the high court after 12 years in prison. Turns out it was another serial killer who had murdered her. They still employ the prosecutor who put Mallard away for all those years. What a disgrace. With persecutors like this at the helm, no telling what will happen next. They are already attacking my co-writer and trying to say that he is profeting from crime for co-writing the book with me. This was after they got egg all over their faces dealing with me and realising I didn't make any money from the book. I think it is a case of sour grapes. Anyway mate, the second book is coming.Cheers,Dave

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  13. hi dave i just read this post and what th DPP did to ya ,bloody wankers mate ,good to see you kicked there butts mate !
    regards Grant

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