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The Supreme Court in Ireland has ruled that the cryptocurrency can be recovered as the proceeds of crime in a sentence on a man imprisoned for drug offenses, one of the first examples of its kind to be judged in the country.
in what is described by legal experts as a "historical judgment", Judge Carmel Stewart rejected a defendant's request that an investigation into its cryptocurrency participations would constitute a violation of its rights, paving the way for the recovery of about 2,000 ETH- worth about € 25,000 ($ 28,648), the Irish Times reported.
The case concerns Neil Mannion, a convicted drug dealer who is serving a six-and-a-half-year prison sentence after a raid on a distribution hub on a national property in Dublin. Mannion has also admitted to trade illegally on darknet markets under the pseudonym "Hulkster".
Separately from the criminal trial, the prosecution filed suit against Mannion that his assets should be recovered on the basis of proceeds of crime, including cash, credit cards and holdings of BTC, which were extinguished in 2016.
However, as part of these investigations, the authorities created a separate ETH filing stored in an online wallet, after recovering and analyzing a number of Mannion devices.
As a result, prosecutors decided to launch a second action in the proceeds of crime for the recovery of PES funds, which Mannion claimed was illegal.
Mannion said that after the criminal proceedings against him had been resolved at the end of 2015, the state no longer had the right to keep their devices or records of any data discovered by them, suggesting that while they had consented to an initial search in 2014, this does not give consent to the authorities indefinitely.
Rejecting Mannion's argument, the Office for Criminal Assets stated that there were clear grounds for public policy for the recovery of funds from Mannion, which had not suffered any infringement of the relevant facts, according to the report.
The judge ruled that while the case posed some interesting questions at the intersection of data privacy, police powers and technology, there was still a public interest in recovering activities in these types of cases.
