Specialising in federal proceeds of crime litigation.
Marcus is one of Australia’s most experienced barristers in the area of federal proceeds of crime litigation. Marcus has specific expertise in federal matters arising under the Proceeds of Crime Act 2002 (Cth), and has also appeared on numerous occasions in litigation under State and Territory proceeds of crime legislation.
Prior to being called to the Bar Marcus’s activities in this area included the following:
- Between 2006 and 2011 Marcus was National Coordinator for all of the civil and conviction-based proceeds of crime cases run by the CDPP. During this time Marcus provided advice to the Director of Public Prosecutions in relation to the most complex and high-value federal cases, including drug, fraud, international, and “literary proceeds” matters. Marcus also had input into key legislative amendments to the federal Proceeds of Crime Act.
- In 2009 Marcus was one of the central organisers of the inaugural “National Criminal Confiscation Conference” attended by practitioners from almost all States and Territories involved in proceeds of crime work. Marcus delivered a welcome speech at the Conference.
Since being called to the Bar in 2011 Marcus has:
- Been briefed to advise and appear as junior counsel in the NSW Supreme Court in relation to one of Australian largest-ever proceeds of crime matters, involving restraint of over $40 million of property;
- Been briefed to advise and appear as counsel in the District Court of Queensland in a matter involving restraint of funds totaling more than $29 million.
- Been briefed to advise in relation to “literary proceeds” proceedings in the NSW Supreme Court;
- Appeared in federal and State/Territory compulsory proceeds of crime examinations, both as counsel assisting the examiner and as counsel for the examinee;
- Appeared in federal, NSW and ACT proceeds of crime matters; and
- Regularly provided CLD sessions and published papers in the area of proceeds of crime legislation and litigation. (Interested, read Marcus’s article for the NSW Bar News on “Compulsory Examinations and the Right to a Fair Trial.”)
What is the Proceeds of Crime Act 2002?
The federal Proceeds of Crime Act 2002 provides a scheme to trace, restrain and confiscate the proceeds of crime against Commonwealth Law. In some circumstances it can also be used to confiscate the proceeds of crime against foreign law or the proceeds of crime against State law (if those proceeds have been used in a way that contravenes Commonwealth law).
Find out more about the Act
