My brother is under investigation for a number of white-collar crimes. I jointly own a few business assets with him but I have never been involved in anything illegal. Can our joint assets be confiscated?
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Answer by Andrea Stein, Brisbane 4000 QLD
- The laws differ between states and territories.
- In some states and territories all that is required is that you could have received a sentence of 2 years or more. In this situation the confiscation laws will also be activated so that your assets may be frozen. You do not even have to be sentenced.
- Generally only tainted property which has been used in connection with a crime will be forfeited to the government.
- It is more likely in this case that a pecuniary penalty order may be made against your brother.
- Only his interest in the property can be restrained but you may need to prove to the court that you purchased your interest legally and that it was not given to you by your brother.