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Asset Forfeiture Seizing Criminal Assets to Fight Crime Willie Hofmeyr Asset

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Asset Forfeiture Seizing Criminal Assets to Fight Crime Willie Hofmeyr Asset Powered By Docstoc
					Seizing Criminal Assets
     to Fight Crime
         Willie Hofmeyr
      Asset Forfeiture Unit
 National Prosecuting Authority
      Report to Parliament
            May 2008
                                  1
        Overall objectives
• NPA set up AFU in 1999 to ensure that POCA
   properly implemented
• Offices in every province: Jhb Pta Dbn Ctn PE
    – Smaller offices in EL Bfn Kim Polokwane Nels
• 2 major strategic objectives
1: Increase the volume of cases
• to build the capacity to do more cases to make a
   real impact in the fight against crime
2: Developing the law
• to do test cases and create legal precedents that
   allow the effective use of the law
                                                  2
                   1: Increasing the
                   volume of cases
                             2006 / 2007                      2007 / 2008

   Indicator       Target:    Actual:       % of    Target:     Actual       % of
                                           Target                           target
Number of cases
Seizures            230         253        110%      250          218       87%
Cases completed     180         246        138%      220          221       100%
Monetary targets
Seizures           R300m      R1 297m      432%     R300m       R 345m      115%
Cases completed    R120m       R101m       84%      R120m       R127m       106%
Funds into CARA     R25m       R 19m       77%       R25m        R 46m      182%
                                                                                3
       Notes on new restraint
               cases
• 06/07: was exceptional year, well above target on most
  indicators
• 07/08: lost several skilled staff, had to replace
   – Also impacted by uncertainty around DSO
• New restraint orders
• No. cases: 06/07 was 10% above target
   – 07/08: 13% below target,
       • but 3% below if take account of staff losses
• Value of cases: 06 /07 330% above target
   – David King – largest case ever - R1bn frozen
   – Delport – customs fraud of R350m
   – 07/08: had good year, 15% above target
                                                           4
       Notes on completed
              cases
• Completed cases
• No. cases: 06/07 was 38% above target
   – 07/08: on target
      • 10% above if take account of staff losses
• Value of cases: 06 /07: 16% below target
   – 07/08: had good year, 10% above target

• CARA deposits (Criminal Assets Recovery Account)
   – 06/07 - 23% below target
   – 07/08: best year ever, 82% above target
   – Some big deposits still pending
                                                     5
        CARA first payments
•   First 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
       centres
     – SAPS – one way glass for ID parades
     – TRC victims
     – SOCA – specialised equipment for sexual
       offences courts
                                                         6
           2: Developing the law
                                 2006 / 2007                      2006 / 2007
       Indicator        Target     Actual       % of    Target:      Actual      % of
                                               target                           target
Total Judgements         36          33        92%        36           30       83%
Judgements: Con Court                 3                                0
Supreme Court Appeal                  4                                3
Success rate             67%        81%        14%      72.5%         70%       -2.5%
Success rate: CC/SCA     75%        71%         -4%      75%          33%       -42%
                          Judgements to date               Success rate to date
All judgements                      235                             67.4%
Constitutional Court                 6                               83%
Supreme Court Appeal                 22                              59%            7
        Note on judgements
• Success rate of more than 85% in all cases taken on
   – Losses include those where it is not fault of AFU, eg
     person accquited

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


                                                             8
          CC Judgements
           06/07, 07/08
Constitutional Court
• Prophet 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 them
• Mohunram – illegal casino instrumentality
   – Lost narrowly 6 vs 5
   – Majority appear to require organised crime link

                                                   9
           SCA judgements
             06/07, 07/08
Supreme Court of Appeal
• Shaik – held that AFU can take gross benefit – not only
  the profit. Clarify confiscation procedure
   – Still waiting for outcome of CC appeal
• Van Staden – drunk driving cars are instrumentalities
• Mngomezulu – drug dealer – curator can sell off property
  to pay expenses of the estate
• Van Rensburg – lost on technical point
• Singh -
• Vermaak – drunk driving cars are instrumentalities, but it
  is not proportional
• Geyser – brothel is instrumentality, no proportionality
  problem                                                  10
        Partners relations
• Relations with partners excellent
• SAPS (incl SCCU)
  – about 83% of cases, 38% value
     • about 50% of value through SCCU
  – 45 SAPS detectives in AFU offices full-time
• DSO – about 13 % of cases, 60% value
• SARS – Delport, King and other cases
• NPS – ensure that get more referrals
  – Working on new organised crime initiative
• Others: SARB, FIC, Marine & Coastal Managm      11
                 Challenges
• Major challenge to expand its capacity sufficiently to deal
  with all the cases that are currently in court and where
  asset forfeiture can be done
• Estimate is about R1 to R2 billion,
   – apart from other proceeds that can be targeted
     through civil forfeiture
• Prepared a business case to expand capacity sufficiently
  to deal with this over 5 years
• Requires expanding the budget almost eight -fold
   – Budget has increased significant additional funding

                                                           12

				
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posted:3/21/2012
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