Advice
Analysis
Negotiation
Providing specialist services to support the defence of criminal asset recovery proceedings.
To be the subject of criminal asset confiscation proceedings, particularly in NSW, puts the defendant in a challenging financial position and can potentially result in the loss of all their property to the Crown. From the time proceedings commence to the time they are finalised (which may be several years), the defendant will invariably be the subject of orders that prevent them from disposing of, or otherwise dealing with, any of their property.
The power of confiscation laws and the potential impact of proceedings under those laws should not be underestimated.
JON SPARK
Jon Spark is one of Australia's leading criminal asset confiscation professionals.
He worked with the NSW Crime Commission for more than 25 years in roles exclusively relating to criminal asset confiscation proceedings litigation under the Criminal Assets Recovery Act 1990 (the CAR Act).
It is significant that Jon, as a forensic accountant rather than a lawyer, led the criminal asset confiscation operations at the NSW Crime Commission for 18 years. During this time, the NSW Crime Commission was enormously successful in recovering the proceeds of crime. It became clear to Jon that defending such proceedings would be far more effective if assisted with expert and specialised forensic accounting services.
Jon is a Fellow of CPA Australia and has extensive experience conducting forensic accounting analysis and supervising the forensic accounting work of other highly skilled forensic accountants as part of the litigating confiscation proceedings.
With his extensive experience in criminal asset confiscation and comprehensive understanding of the practical operation of confiscation law, Jon is uniquely qualified to add significant value to the defence of criminal asset confiscation proceedings.
J.L. Spark Forensic Accounting and Negotiation Consultant provides services in advice, analysis and negotiation in defence of criminal asset confiscation proceedings.
Jon Spark is one of Australia's foremost professionals in criminal asset confiscation and has extensive experience in negotiating the settlement of civil confiscation proceedings against numerous defendants, leading to the recovery of hundreds of millions of dollars in proceeds of crime.
Our Services
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A particularly powerful aspect of civil confiscation legislation, such as the CAR Act, is that proceedings can be commenced against a person even if the person hasn’t been charged with a criminal offence or against associates of such a person if they are suspected of having benefited from the other person’s activities. This means that people, such as those investigated by police but not charged, or those subject to inquiries, such as those conducted by the NSW Independent Commission Against Corruption, may have potential exposure to confiscation proceedings.
J.L. Spark Forensic Accounting and Negotiation Consultant can advise on the extent of the person’s exposure to confiscation proceedings. We can provide advice on specific aspects of the proceedings or the proceedings generally for those who are already the subject of proceedings.
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Jon is a Fellow of CPA Australia and has extensive experience conducting forensic accounting analysis and supervising the forensic accounting work of other highly skilled forensic accountants as part of the litigating confiscation proceedings. Jon can provide forensic accounting analysis and reports in relation to the tracing of funds used to acquire property or fund expenditure.
Reports can be provided either for internal strategic decision making or as an Expert Witness.
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For the entire time Jon was at the NSW Crime Commission, the Commission had a policy of negotiating settlements to the proceedings it commenced under the CAR Act (a common practice in all civil proceedings). For 16 years prior to leaving the Commission Jon was solely responsible for negotiating the settlement of those proceedings. Over that period, he negotiated the settlement of proceedings against hundreds of people resulting in the recovery of millions of dollars for the NSW Crown.
Jon now brings those negotiation skills to the defence of such proceedings and may be engaged to negotiate outcomes to the proceedings generally or in respect of specific issues in the proceedings. Alternatively, he may be engaged to provide advice to others in negotiating these outcomes.