Seizing Criminal Assets to Fight Crime

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Seizing Criminal Assets to Fight Crime. Willie Hofmeyr Asset Forfeiture Unit National Prosecuting Authority Report to Parliament May 2008. Overall objectives. NPA set up AFU in 1999 to ensure that POCA properly implemented Offices in every province: Jhb Pta Dbn Ctn PE - PowerPoint PPT Presentation

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  • Seizing Criminal Assets to Fight CrimeWillie HofmeyrAsset Forfeiture Unit National Prosecuting AuthorityReport to Parliament May 2008*

  • Overall objectivesNPA set up AFU in 1999 to ensure that POCA properly implemented Offices in every province: Jhb Pta Dbn Ctn PESmaller offices in EL Bfn Kim Polokwane Nels2 major strategic objectives1: Increase the volume of casesto build the capacity to do more cases to make a real impact in the fight against crime2: Developing the lawto do test cases and create legal precedents that allow the effective use of the law*

  • 1: Increasing the volume of cases*

    2006 / 20072007 / 2008IndicatorTarget: Actual:% ofTargetTarget: Actual % oftargetNumber of casesSeizures 230253110%25021887%Cases completed180246138%220221100%Monetary targetsSeizuresR300mR1 297m432%R300mR 345m115%Cases completedR120mR101m84%R120mR127m106%Funds into CARA R25mR 19m77% R25mR 46m182%

  • Notes on new restraint cases06/07: was exceptional year, well above target on most indicators 07/08: lost several skilled staff, had to replaceAlso impacted by uncertainty around DSONew restraint ordersNo. cases: 06/07 was 10% above target07/08: 13% below target, but 3% below if take account of staff lossesValue of cases: 06 /07 330% above targetDavid King largest case ever - R1bn frozenDelport customs fraud of R350m 07/08: had good year, 15% above target*

  • Notes on completed casesCompleted cases No. cases: 06/07 was 38% above target07/08: on target 10% above if take account of staff lossesValue of cases: 06 /07: 16% below target07/08: had good year, 10% above target

    CARA deposits (Criminal Assets Recovery Account)06/07 - 23% below target07/08: best year ever, 82% above targetSome big deposits still pending

    *

  • CARA first paymentsFirst CARA payouts made this year Was an important development Most of funds to fight crime But also to help organisations that assist victims DSD 8 rape crisis and battered woman centresSAPS one way glass for ID parades TRC victims SOCA specialised equipment for sexual offences courts*

  • 2: Developing the law*

    2006 / 20072006 / 2007IndicatorTargetActual% oftargetTarget: Actual % oftargetTotal Judgements363392%363083%Judgements: Con Court 30Supreme Court Appeal43Success rate67%81%14%72.5%70%-2.5%Success rate: CC/SCA75%71%-4%75%33%-42%Judgements to dateSuccess rate to dateAll judgements23567.4%Constitutional Court683%Supreme Court Appeal2259%

  • Note on judgementsSuccess rate of more than 85% in all cases taken onLosses include those where it is not fault of AFU, eg person accquited

    Also measure success rate in cases where judgments are obtainedIn 4 years to April 2003 won only 48% of judgments (25 of 52)Big change in last 5 years in judgementswon 73% of judgements (133 of 182) *

  • CC Judgements 06/07, 07/08Constitutional CourtProphet drug house - appeal refused. Clarify instrumentality forfeitures Absa vs Fraser legal expenses cannot be granted to accused at the expense of creditors or victims without hearing themMohunram illegal casino instrumentality Lost narrowly 6 vs 5 Majority appear to require organised crime link*

  • SCA judgements 06/07, 07/08Supreme Court of AppealShaik held that AFU can take gross benefit not only the profit. Clarify confiscation procedure Still waiting for outcome of CC appealVan Staden drunk driving cars are instrumentalities Mngomezulu drug dealer curator can sell off property to pay expenses of the estateVan Rensburg lost on technical pointSingh - Vermaak drunk driving cars are instrumentalities, but it is not proportional Geyser brothel is instrumentality, no proportionality problem*

  • Partners relationsRelations with partners excellentSAPS (incl SCCU)about 83% of cases, 38% value about 50% of value through SCCU45 SAPS detectives in AFU offices full-timeDSO about 13 % of cases, 60% value SARS Delport, King and other casesNPS ensure that get more referrals Working on new organised crime initiativeOthers: SARB, FIC, Marine & Coastal Managm*

  • ChallengesMajor challenge to expand its capacity sufficiently to deal with all the cases that are currently in court and where asset forfeiture can be doneEstimate is about R1 to R2 billion, apart from other proceeds that can be targeted through civil forfeiturePrepared a business case to expand capacity sufficiently to deal with this over 5 yearsRequires expanding the budget almost eight -foldBudget has increased significant additional funding*

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