AN ALBURY fraudster who ripped off millions of dollars from taxpayers has lost a bid to keep the proceeds of her crimes.
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Authorities applied to confiscate her Curlew Court home in East Albury, her vehicle, cash in Hume and Westpac bank accounts, and money in a business credit union account, under proceeds of crime laws.
Higgins applied to halt any moves to take the property and money, which would be handed over to the Commonwealth.
She had argued the court had no jurisdiction to make the forfeiture order, and claimed the money she scammed was considered a “debt”.
A NSW Supreme Court judge on Friday said “essentially, Ms Higgins’ case was misconceived”.
Justice Monika Schmidt noted Higgins intended to appeal her conviction, but had not done so.
“Whether she has been wrongly convicted of those offences will be a matter for the Court of Criminal Appeal to determine, in the event that an appeal against her convictions is ever filed,” she said.
She said the arguments put forward by Higgins were “somewhat difficult to understand”.
It appears Higgins is still protesting her innocence, having fought the charges during a trial.
“Ms Higgins’ case essentially depended on this court coming to a different conclusion to that reached in her criminal trial,” the judge noted.
She claimed to have had $150,000 of savings prior to her offending, but Justice Schmidt said there wasn’t evidence of that and the source of the cash was unknown.
Higgins argued the money in her accounts and property hadn’t come from unlawful activity.
She claimed the cash in one of her accounts had come from her mother.
Her application was dismissed.
The judge ordered costs be awarded to the Australian Federal Police.
Higgins will return to the court in Sydney on Monday for a bail hearing.