Timeline for How can I gift $41,000 to my friend anonymously? (Australia)
Current License: CC BY-SA 4.0
14 events
| when toggle format | what | by | license | comment | |
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| Jul 21, 2021 at 19:14 | comment | added | JBentley | @TCooper Agreed, I have no idea what the equivalent laws are in Australia. | |
| Jul 21, 2021 at 19:10 | comment | added | TTT | @JBentley I have thought through a scenario in my answer which does exactly what you propose. Basically, traceability is guaranteed, and only the recipient doesn't know the source. | |
| Jul 21, 2021 at 19:08 | comment | added | TCooper | @JBentley You're referencing UK law extensively for specific details that, correct me if I'm wrong, we don't know if apply exactly in AU - either way, I agree whole heartedly it's overly complicated, not worth the time, and shouldn't be bothered with. I was just saying I think it technically works - not to say you wouldn't have to be a circus elephant jumping through hoops to make it happen. I still stand by my initial answer to the question - convince your friend to accept the gift from you, or don't give the gift | |
| Jul 21, 2021 at 18:15 | comment | added | JBentley | @TCooper I.e. by asking his client for consent to provide the information to the authorities, he will reveal to the client that there has been a disclosure and/or an investigation. Perhaps you could work around this by giving the lawyer the consent in advance based on a hypothetical disclosure, but we're definitely into the realms of a complicated scenario where you'd have to tread very carefully. | |
| Jul 21, 2021 at 18:14 | comment | added | JBentley | @TCooper Either way, bearing in mind I was replying to a comment which said "there's no need to worry about [it]", there is a potential offence here for which the recipient will need to take active steps to avoid. On a practical note however, your idea is problematic. The OP's lawyer will be bound by confidentiality not to reveal information without his client (OP)'s consent. Asking for the consent is tricky because of the "tipping off" provisions (s 333A). | |
| Jul 21, 2021 at 16:55 | comment | added | TCooper | @JBentley but if the money is provided legitimately, a lawyer or another intermediary could provide the necessary details to the authorities after the recipient makes the disclosure, so the recipient may confirm the funds are not ill gotten, while the giver is still anonymous, no? It would require additional steps (which is why suggested my solution was to convince the friend to accept it non-anonymously or don't bother), but should technically still achieve the goal? Obviously I don't know the legal details here... but seems to work in theory, just lots of paperwork | |
| Jul 21, 2021 at 12:34 | comment | added | JBentley | @FredStark See s 328(1) of the Proceeds of Crime Act 2002 for a UK example of why the recipient could still be liable. Whether or not the money actually is from an illegal source is irrelevant; it is enough that you merely suspect that it is. To avoid committing an offence in such a case you would need to make a disclosure to the authorities per s 328(2)(a). | |
| Jul 21, 2021 at 12:20 | comment | added | CGCampbell | @FredStark I think you've missed Peter Tech's point. The recipient would, per the rules of the OP, not know the source of the money and therefor possibly be obligated to report it as potential ill-gotten, or face the possibility of being charged themselves. Even if a lawyer, or other "trustworthy" entity were the giver, the recipient simply cannot 'take their word for it' that the money was completely earned above board. | |
| Jul 21, 2021 at 9:56 | comment | added | coagmano | Unless OPs money is from an illegal source, that wouldn't apply here either. Since OP knows the source of the money, so there's no need to worry about "financial gains from illegal means" | |
| Jul 21, 2021 at 9:39 | comment | added | Peter Teoh | @FredStark there is something in law which you can be charged also: abetting the use of financial gains from illegal means. Meaning if you use the money passed to you from a friend, and you know that the money is gotten illegally, then it become chargeable offence. It is the responsibilty of the receiver to find out everything about the source of money - if not possible, then he is obliged to report to the police. I am not legally trained, and may be wrong, or laws differs nationally | |
| Jul 21, 2021 at 9:19 | comment | added | JBentley | @FredStark I take the implied reasoning to be that it won't be easy to achieve because the system is not designed to allow it for the reasons set out in this answer, even though in this case it might be legitimate. | |
| Jul 21, 2021 at 6:40 | comment | added | coagmano | It's a good point, but doesn't really apply here where the OP is happy for the government and banks to know about all parties to the transaciton. They only want the recipient to not know where it came from | |
| Jul 21, 2021 at 5:48 | review | First posts | |||
| Jul 21, 2021 at 5:54 | |||||
| Jul 21, 2021 at 5:47 | history | answered | Peter Teoh | CC BY-SA 4.0 |