Following the proceeds of illegal fishing FV Lena- an Australian case study.

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Presentation transcript:

Following the proceeds of illegal fishing FV Lena- an Australian case study

Overview Background on FV Lena Law enforcement response Proceeds generated by the Lena Freezing, seizing, and repatriating funds from Indonesia Freezing, seizing, and repatriating funds from Hong Kong Where to from here?

Heard and McDonald Islands fishing grounds Legitimate fishing in the Southern Ocean Fisheries Management Act 1991 (Cth) Apprehending the Lena FV Lena identified in 2001; caught in 2002 Lucrative operations in the AFZ Australian Navy, Australian Fisheries Management Authority involved

Convictions - Fisheries Management Act 1991 (Cth) Captain, First Officer, and Officer convicted of: –using a foreign boat to fish in the AFZ (ss 100, 101A) –having a foreign boat equipped for fishing (s 100A) –obstructing officers (s 108) Seizures - Fisheries Management Act 1991 (Cth) Boat seized and scuttled Catch sold for $1,127,183

Following the proceeds- beyond FMA Fishing charges Captain and not entire crew usually charged (Baird 2004) Beneficial owners FV Lena- fleet of seven vessels (CDPP 2002) Can you chase the beneficial owners of the Lena? - First Officer: company based in Indonesia - Directors based in Hong Kong

Australian responses Proceeds of Crime Act 2002 (Cth): Section 19- Restraint orders for the proceeds of suspected indictable offence (ss 101A, 101A of Fisheries Management Act 1991 (Cth)) Forfeiture orders (section 49)- civil confiscation for indictable offences AUSTRAC: MoU to exchange information- Indonesia, Hong Kong

Jakarta-based company: Indonesian law Domestic confiscation: available only for convictions for some crimes but not IUU fishing Law on Mutual Legal Assistance in Criminal Matters (1 of 2006): Mutual legal assistance for freezing and confiscation Can enforce civil confiscation orders Requires dual criminality

Pacific Andes International Holdings- Hong Kong Mutual legal Assistance in Criminal Matters Ordinance (Cap 525) (section 27; Schedule 2) requires: Treaty: Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999 Dual criminality Serious offence: Custodial sentence of at least 2 years

Australian fisheries offences and MLA Mutual Legal Assistance in Criminal Matters 1987 (Cth) Section 32- Australia can request assistance to enforce restraint and forfeiture orders where: –Property believed to be located in that country –Offences generating the assets are serious offences Serious offences- –Offences with a maximum penalty of death or imprisonment for at least 12 months

What does all this mean? Or where to from here?