Money Laundering and Proceeds of Crime Act Act No. 4/2013 (a) any money received by the defendant, or by another person at the request or by the direction of the defendant, as a result of the commission of the offence; (b) the value of any property that was derived or realised, directly or indirectly, by the defendant or by another person at the request or by the direction of the defendant, as a result of the commission of the offence; and (c) the value of any service or financial advantage provided for the defendant or another person, at the request or by the direction of the defendant, as a result of the commission of the offence; (d) unless the court is satisfied that the increase was due to causes unrelated to the commission of the offence, any increase in the total value of property in which the defendant has an interest in the period beginning immediately before the commission of the offence and ending at some time after the commission of the offence; but does not include any property confiscated under Part III of this Chapter. (2) In calculating, for the purposes of a benefit recovery order, the value of the benefit derived by the defendant from the commission of an offence— (a) any expenditure of the defendant in connection with the commission of the offence shall be disregarded; and (b) the court shall make any adjustment necessary to prevent a benefit from being counted more than once. (3) For the purposes of subsection (1)(d), if an offence is committed between two dates, the period begins immediately before the earlier of the two dates and ends at some time after the later of the two dates. (4) Where the benefit derived by a defendant was in the form of property, including dangerous drugs or some other form of illegal property, the court may, in determining the value of that property, have regard to evidence given by a law enforcement officer or other person whom the court considers has expert knowledge of the value of that kind of property. 65 Statements relating to benefit (1) Where the Attorney-General has applied to the court for a benefit recovery order, it may provide to the court, and, if so, shall serve upon the defendant, a statement setting out an assessment of the value of the benefit obtained by the defendant (2) The court may require any defendant served with a copy of a statement under subsection (1) to respond to each allegation in it and, in so far as he or she does not accept any allegation, to indicate on oath any facts upon which he or she proposes to rely. (3) The court may, for the purposes of determining whether there was a benefit and the value of the benefit, treat— (a) any acceptance by the defendant of the allegations set forth in the statement under subsection (1) as conclusive of the matters to which it relates; (b) a defendant’s failure to respond or to indicate the facts upon which he or she will rely as his or her acceptance of every allegation in the statement, other than— (i) an allegation regarding whether he or she complied with the requirement; and (ii) an allegation that he or she has benefited from the offence or that he obtained any property or advantage as a result of or in connection with the commission of the offence. 66 Amount recovered under benefit recovery orders (1) The amount to be recovered under a benefit recovery order shall be the amount specified in the order under section ___ or, if a certificate is issued pursuant to subsection (6) for a lesser amount, the amount specified in the certificate. (2) No earlier than four months after the later of— - 49 -

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