In a significant victory for the Criminal Assets Bureau, the High Court has ruled that an array of luxury goods and funds connected to two Chinese nationals are the proceeds of crime. Mr Justice Alexander Owens delivered the judgment in a case brought by the CAB against Yan-Yan Fan (47) and Guang Ying Wang (49), both of whom arrived in Ireland in the early 2000s.
The court issued orders under the Proceeds of Crime Act, targeting funds amounting to approximately €146,000 and various high-end items. While Mr Wang, also known as "Richard," did not contest the case, Ms Fan, who goes by the name "Ivy," represented herself in court and denied any involvement in criminal activities.
The CAB put forth allegations that the duo was in league with other Chinese nationals engaged in operating cannabis grow houses. The bureau highlighted substantial cash flows through Irish bank accounts belonging to Ms Fan, Mr Wang, and her parents over the years. It asserted that these accounts were utilized to launder illicit income in the black economy.
Furthermore, the CAB claimed that Ms Fan employed the "daigou" or "surrogate shopping" method, sending luxury goods to China. The bureau argued that these outflows were offset by money transfers from her parents to Ireland, which contributed to the purchase of one of her apartments.
The judge noted that Ms Fan had a "significant link" with 7A Henrietta Place in late 2012, when a grow house containing 1,490 cannabis plants, valued at €1.1 million, was discovered in operation at the location. Despite being a tenant of the property in 2012 and 2013, Ms Fan claimed during a 2014 interview with gardaí that a sub-tenant, placed by her business partner, was responsible for the operation. However, the judge found it difficult to believe her claim of being unaware of the activities taking place upstairs at 7A.
The court also highlighted Ms Fan's connection to Mr Wang, who was involved in money laundering and the commercial cultivation and distribution of cannabis in 2020. Her consistent lodgements of large cash sums into bank accounts over the years were deemed consistent with the laundering of proceeds from drug dealing and activities involving tax evasion.
During searches conducted in spring/summer 2021, gardaí seized 96 items of designer-label fashion goods, valued at €119,000, from Ms Fan's apartment in Ashtown and another apartment she leased in Dublin City Centre. Additionally, €14,000 in cash was confiscated from her Ashtown residence.
While the judge found some of the CAB's claims regarding Ms Fan's involvement in criminality to be "unconvincing," he was persuaded that most of the designer items were purchased, directly or indirectly, with the proceeds of crime. He also determined that €129,231 of the balance in her current account and the €14,255 cash seized from her apartment were derived from criminal activities.
