“It’s a sad but unavoidable conclusion that we can’t run it,” Barnes said of the decision not to commence a proceeds of crime action to recover the $30 million. Due to the paucity of documents and bank records, the chances of running a successful confiscation case would be doubtful. Barnes also expressed concern that if the case was unsuccessful, the commission risked “getting a cost order against us”.
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“It’s about best utilising the resources that we have to maximise the return for people of NSW,” said Pulvirenti, explaining that the time and money spent pursuing a doubtful action against the Obeids would be better deployed elsewhere.
The commissioner said it would have been different if the organisation had been involved with the Independent Commission Against Corruption, which investigated the matter, at the outset. If that had been the case, the Obeids’ assets could have been frozen and financial records seized.
In recent years, there has been a move for the two agencies to work together. For instance, last year, when the ICAC raided a road safety company in northern NSW, officers from the Crime Commission were on hand. Assets were frozen and about $100,000 in cryptocurrency, as well as luxury cars, including a Bentley and a Range Rover, were seized.
Meanwhile, the Australian Taxation Office is still pursuing Obeid family members – but not Eddie or Moses – for their failure to pay tax on the $30 million. The ATO is chasing the family for almost $9 million in taxes and penalties. With interest, that amount is likely to be substantially more.
The matter, now in its 11th year, will return to court on July 3.
Eddie Obeid is due to be released in August, having served three years and 10 months for misconduct in public office in relation to the grant of a coal exploration licence.
Obeid and former ministers Joe Tripodi and Tony Kelly will face separate trials next year over allegations that they doctored a cabinet submission to gain favourable treatment for Australian Water Holdings, in which the Obeids held an interest.
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