korea’s asset recovery efforts...criminal asset recovery division of the spo’s anti-corruption...

21
Supreme Prosecutors’ Office/ARIN-AP Secretariat Seoul, Korea Korea’s Asset Recovery Efforts : Domestic & International

Upload: others

Post on 04-Dec-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Supreme Prosecutors’ Office/ARIN-AP Secretariat

Seoul, Korea

Korea’s Asset Recovery Efforts :

Domestic & International

Page 2: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Domestic Asset Recovery System

In Korea

Page 3: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Organizational structure

Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department

- Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator, 4 investigators

- Key activities· Assist district offices in asset recovery activities, review relevant systems for improvement

· Provide training courses, guidance and inspection, publish manuals, and analyze statistics

Asset Recovery Department of the Seoul Central District Prosecutors’ Office

- Members: 1 supervisory prosecutor, 2 prosecutors, 3investigators

- Key activities· Recover criminal proceeds in large-scale corruption cases, and collect large fines in lieu

Asset Recovery units in 58 district offices

- Members: 58 prosecutors in charge of asset recovery, over 200 investigators

- Key activities· Trace, identify, freeze and forfeit assets

Criminal Asset Recovery Division

Asset recovery units inInvestigation/ administration

divisions

Prosecutorin charge

District prosecutors' offices

SPO Anti-Corruption Department

Page 4: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Information System of Criminal Proceeds Forfeiture

Page 5: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

International Asset Recovery :

ARIN-AP

Page 6: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

What is ARIN-AP? Asset Recovery Interagency Network – Asia Pacific

Informal & international network of prosecutors and

investigators in the field of asset recovery in the Asia

Pacific region

Cooperative group focused on all aspects of confiscating

the proceeds of all crimes

Link to similar asset recovery networks in Europe, Africa,

South America, and the Caribbean

Page 7: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

What is ARIN-AP for?

To share a contact list of asset recovery practitioners &

country profiles

To facilitate direct contact among members

To promote the exchange of information & good

practices

To better identify, trace, and recover the proceeds of all

crimes

Page 8: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

How has ARIN-AP been established?

Launched in November 2013After 2 preparatory meetings over 2 years, ARIN-AP was launched atthe Inaugural General Meeting at the Supreme Pprosecutors' Officein Seoul, Korea.

Page 9: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

What does ARIN-AP consist of?

• Members

- States, jurisdictions in the Asia & Pacific region

• Observers

- States, jurisdictions & 3rd parties, which cannot be Members

• Steering Group

- Currently 8 members: Australia, Indonesia, Japan, Korea, New Zealand, Thailand, CARIN, UNODC

• Presidency

- Indonesia for 2018

• Secretariat

- Korea

Page 10: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

ARIN-AP Secretariat

Located in the Korean SPO in Seoul

Representative email address: [email protected]

Page 11: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

No Member Relevant Organization Note

1 Australia Australian Federal Police 2015 Presidency

2 Brunei Attorney Generals Chambers

3 Cambodia General Prosecution Office

4 Indonesia Attorney Generals Office 2014 & 2018 Presidency

5 Japan Ministry of Justice, Ministry of Foreign Affairs 2017 Presidency

6 Korea Ministry of Justice, SPO Secretariat/2016 Presidency

7 Mongolia Office of the Prosecutor General

8 New Zealand New Zealand Police

9 Sri Lanka Attorney Generals Department

10 Chinese Taipei Ministry of Justice

ARIN-AP Members

Page 12: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

ARIN-AP Members (Cont.)

* There is no membership/annual fee

No Member Relevant Organization

11 Thailand Office of the Attorney General

12 Timor-Leste Prosecutor General Office

13 Cook Islands Cook Islands Police Service, FIU

14 India Directorate of Enforcement

15 Malaysia Royal Malaysia Police

16 Pakistan National Accountability Bureau

17 Tonga Attorney General’s Office

18 Kazakhstan Prosecutor General’s office

19 Myanmar FIU, Attorney General Office

20 Singapore Attorney-General’s Chambers, Singapore Police Force

21 Nepal Department of Money Laundering Investigation, FIU

Page 13: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

ARIN-AP Observers

No Organization Full Name

1 ARINSA Asset Recovery Inter-Agency Network for Southern Africa

2 CARIN Camden Asset Recovery Inter-Agency Network

3 KIC Korean Institute of Criminology

4 Interpol

5 UNODC United Nations Office on Drugs and Crime

6 World Bank

7 PTCN Pacific Transnational Crime Network

8 ARIN-CARIB Asset Recovery Inter-Agency Network for the Caribbean

Page 14: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,
Page 15: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Capacity Building/Networking Efforts

Annual General Meeting

• Hosted by the ARIN-AP Presidency

• Members attend on a self-funded basis

• September 2017, Tokyo, Japan

• November 2018, Bali, Indonesia (TBC)

Asset Recovery Training

• Hosted by the ARIN-AP Secretariat

• Annual 1 - week training program in Seoul, Korea

• New & possible members get invited on the Korean government’s funds

• October 2018, Seoul, Korea

Page 16: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Asset Recovery Interagency Networks

ARIN-AP

CARIN

RRAG

ARIN-EA

ARINSA

ARIN-WA

ARIN-CARIB

Page 17: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Why ARIN-AP?

ARIN-AP focuses on the proceeds of all crimes

ARIN-AP is a network of all kinds of asset recovery experts

-Prosecutors + police officers + FIUs + international organizations

Direct & Prompt Contact- ARIN-AP Contact List

Country Profile- ARIN-AP Questionnaire : from asset tracing to sharing

Page 18: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Tarbosaurus Bataar

Page 19: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Dinosaur fossils Case

Mongolia

OPG

ARIN-APKorea

SPO

• Found during an investigation of an embezzlement case

• Declared as Mongolian Gers and taken out of Mongolia

• Returned in 1 year & 10 months

• Tarbosaurus Battar : only found in Mongolia, a highly valuable

cultural asset

• Meaningful practice culturally & diplomatically

Page 20: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,

Dinosaur Fossils Case

Page 21: Korea’s Asset Recovery Efforts...Criminal Asset Recovery Division of the SPO’s Anti-Corruption Department - Members: 1 supervisory prosecutor, 1 prosecutor, 1 supervisory investigator,