Transcript Seizing Criminal Assets to Fight Crime Willie Hofmeyr Asset

Seizing Criminal Assets
to Fight Crime
Willie Hofmeyr
Asset Forfeiture Unit
National Prosecuting Authority
Report to Parliament
May 2008
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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
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1: Increasing the
volume of cases
2006 / 2007
Indicator
2007 / 2008
Target:
Actual:
% of
Target
Target:
Actual
% of
target
Seizures
230
253
110%
250
218
87%
Cases completed
180
246
138%
220
221
100%
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%
Number of cases
Monetary targets
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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
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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
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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
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2: Developing the law
2006 / 2007
Indicator
Total Judgements
2006 / 2007
Target
Actual
% of
target
Target:
Actual
% of
target
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
235
67.4%
Constitutional Court
6
83%
Supreme Court Appeal
22
59%
All judgements
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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)
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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
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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
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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
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