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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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hi, i was arrested for have money laundering but money was

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hi, i was arrested for have money laundering but money was my brothers i got bail then showed them all the proof of where it came from. now there are saying they would like interveiw my brother but its only optional. if we refuse will that effect us from getting the money back?
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

No, not necessarily. In fact, probably not.

It depends whether they propose to prosecute you under the criminal law or pursue this as a proceeds of crime act matter or both.

Probably it will be the latter. If so, and your brother is the true owner, then he can serve them notice and join you as an interested party in the proceedings.

If he is able to prove that the money is his lawfully then it should be returned to him.

Do bear in mind though that the burden of proof is upon him to show that the money belongs to him lawfully.

That is all very well but it might have an impact upon your criminal position if your brother is going to say anything detrimental to you.

Obviously I don't know the facts of the allegation. If you give me more information upon that then I might be able to offer more.

Hope this helps. Please let me know if you need more information.

Jo
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