ID: ARW-306
Commissioner of the Australian Federal Police v SK Foods LP(a California limited partnership)
$32.54M
Assets Returned
Country of Origin
United States
Country of Asset Location
Australia
Other Jurisdictions Involved
Australia
Disposition of Criminal Case(s)
There was a concluded investigation/prosecution related to this case in the country of origin (United States).
The outcomes were that the CEO of the defendant was sentenced to six years in prison in the United States for racketeering and price fixing.
Action Initiating Asset Recovery
By domestic investigation by law enforcement authorities (independent from foreign request)
Stage of Asset Recovery
Assets returned
Which authorities or agencies were involved in the asset recovery/return process
In the jurisdiction of asset location (Australia), the Supreme Court of Victoria was involved.
Legal Basis for Asset Recovery in the country of asset location
Non-conviction based confiscation (NCB)
Legal Basis for International Cooperation
N/A
Manner of Asset Transfer
Wire transfer to a designated account held by a third party
Contributing Factors in Asset Recovery
Other
Specify Other
Elements of the asset return in this case formed part of the case before the courts and were part of the formulation of the final court orders, which were made by consent.
Notes
Australia played the role of victims and creditors.
Assets returned
#1
Assets returned
47,162,979.37 AUD
Assets Returned (USD equivalent)
$30,923,114.86
Date of return
December 2013
#2
Assets returned
2,468,558.45
Assets Returned (USD equivalent)
$1,618,386.91
Date of return
December 2019
Asset Type at Time of Return
Cash/bank deposit
Agreement for Returned Assets
Yes – another agreement
Monitoring and Disbursement Arrangements
There was another type of agreement for returned assets which was the forfeiture order made under section 29 of the POCA by consent.
Assets Confiscated
#1
Date of confiscation
November 2013
Jurisdiction
Australia
Asset Type at Time of Confiscation
Cash/bank deposit
Securities
Assets Frozen/Seized
#1
Date of freeze/seizure
November 2013
Jurisdiction
Australia
USD Conversion date
September 2023
Date and Country of Case Submission
January 1, 2020
Australia
Data Source
Official information provided by country authorities