Case Study Macao Senior Government Official Corruption Case Multi-jurisdictional Asset Concealment / Recovery / Restraining / Confiscation CHOI Shu-keung.

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Presentation transcript:

Case Study Macao Senior Government Official Corruption Case Multi-jurisdictional Asset Concealment / Recovery / Restraining / Confiscation CHOI Shu-keung Assistant Director ICAC, Hong Kong Dalian, China – 27 June 2012 The Forth IAACA Seminar

Corruption Asset Concealment / Discovery Mr AO Secretary for Transport and Public Work MACAO HONG KONG Govt Contractors Overseas Companies Family Members 39 Bank A/C United Kingdom Real Property Nominees Lawyers Middlemen HK$42M HK$330M (US$42M) GBP 8.87M (US$14M) HK Co. Land Developers

Investigation Asset Discovery / Restraining Suspicious Transactions in Hong Kong Suspicious Transactions in Hong Kong Hong Kong / Macao joint overt actions – Dec 2006 Hong Kong / Macao joint overt actions – Dec 2006 Hong Kong Hong Kong –Arrest middlemen and associates –Seize HKD eqv 82M Cash (S.10C of ICAC Ordinance) –Restraint (S.14C of Prevention of Bribery Ordinance) $330M in bank A/C of overseas co & associates –Restraint (Organized and Serious Crimes Ordinance) $22M in bank A/C of middleman

Prosecution MACAO HONG KONG - Prosecution - AO / associates / offerors for bribery and related offences (29 yrs for AO and etc) -Assets -Claimed all of AO’s assets in Hong Kong -Restrained the property in UK -Recovering all assets of AO Asset Restraining / Confiscation -Prosecution -2 x middlemen for money laundering (absconded) -2 x company directors for offering MOP29M bribe (36 mons jail pending appeal) (36 mons jail pending appeal) -Assets -Returned HK$330M to Macao -Restrained HK$22.4M of a middleman (pending confiscation)

Issues Anti-Money Maundering Law Anti-Money Maundering Law –implementation –civil participation Anti-Corruption law Anti-Corruption law –power to recover corrupt proceeds Inter-jurisdictional cooperation Inter-jurisdictional cooperation –legal / operational Role of Corporate Vehicles / Nominees Role of Corporate Vehicles / Nominees

Thank You