Developing an Asset Recovery Programme Fitz-Roy Drayton Criminal Assets Recovery Project Serbia

Developing Effective Asset Recovery Cases The Practical Approach to Build Asset Recovery Investigations

The Check-List

 Does the criminal law have up to date offences? Do you have confiscation for all offences – not just money laundering?

 Has non-conviction based forfeiture been introduced  Is there effective internal information sharing  Police, Customs, Tax Authorities, Financial Intelligence Unit, Financial Investigation Unit, Social Security, Immigration

Asset Forfeiture Legislation Investigative tools Production orders Monitoring orders Customer Information Orders Warrants Disclosure Orders Provisions for the sharing of information between Government departments

Restraining Orders To preserve the value of property until a confiscation order is made Management Receivers to be appointed to control property pending confiscation order

Confiscation Orders Assumptions Burden of Proof Protection of third parties

Enforcement of Confiscation Orders Appointment of Receiver/Trustee to realise assets to satisfy confiscation order

Currency Reporting System of disclosure/declaration Search Seizure Detention Forfeiture Balance of probabilities

Implementation Training

Practical courses Day one Introduction to Asset Forfeiture Introduction to the case scenario and Asset Forfeiture legislation The investigative tools Search warrants, production orders, monitoring orders Written and oral applications for investigative measures

Day two Preserving of assets for confiscation Restraint/Freezing orders Management receivers Written and oral applications for restraint/freezing orders

Day three Money laundering prosecutions Drafting the indictment in money laundering prosecutions Oral and written submissions in support of a money laundering prosecution

Day Four Confiscation Calculating the benefit in confiscation cases Preparation of the confiscation statement Oral application for a confiscation order

Day five Enforcement of confiscation orders Mutual legal assistance Terrorist financing Border currency reporting Civil forfeiture CD Rom of precedents

QUESTIONS???