The role of confiscation and other legal remedies Declan O’Reilly Bureau Legal Officer Criminal Assets Bureau Ireland High-Level Conference on a Renewed.

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Presentation transcript:

The role of confiscation and other legal remedies Declan O’Reilly Bureau Legal Officer Criminal Assets Bureau Ireland High-Level Conference on a Renewed EU Internal Security Strategy Brussels - 29 th September 2014

works and is fair Post conviction based confiscation:

is wrong & unfair Non conviction based forfeiture:

Is every crime: 1.Detected? 2.Reported to police? 3.Suspect found? 4.Person prosecuted? 5.Convicted?

versus balance of probabilities beyond reasonable doubt

Blackstone’s Ratio “…it is better 10 guilty persons escape than 1 innocent person suffer”

Benjamin Franklin’s Ratio “…it is better 100 guilty persons should escape than 1 innocent person suffer”

most crimes and criminals are: - not detected - not reported - not suspected - not prosecuted - not convicted Post conviction based confiscation doesn’t arise

versus balance of probabilities beyond reasonable doubt

serious organised crime is a business This isn’t personal. Its just

At what rate is this business taxed?

At what rate is this business

Irish approach Dedicated State agency for recovering assets of serious organised crime: - Criminal Assets Bureau (multiagency Police, Tax, Social Welfare) Dual approach: Post Conviction & Non Conviction Non-Conviction Based Forfeiture based on: - Civil Forfeiture - The business assets of crime and not the person - Balance of probabilities that assets are the proceeds of crime - State belief evidence is admissible but can rebutted Tax the proceeds of crime Recover State benefit payments

Declan O’Reilly Criminal Assets Bureau Harcourt Square Dublin 2 Ireland

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