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Confiscation proceedings under the FCA are hybrid; burden lies with the State but shifts, and proof is balance of probabilities or clear-and-convincing depending on circumstances.
Confiscation proceedings — Financial Crimes Act s141(2) applies to matters commenced under repealed MLA; proceedings are hybrid (in rem and part of criminal sentencing); title must be within criminal proceedings; burden primarily on State but shifts under s87(2)–(3) FCA; standard of proof bifurcated — balance of probabilities for convict's own property; clear and convincing (intermediate) where property passed to third parties or when imposing pecuniary penalties; evidence via s87 statements, oral or written.
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