How To Combat Organised Crime

Crime is a problem that society will always have difficulty tackling. It is hard to prevent murder happening or crimes involving emotion of some sort. However, it is possible to reduce crimes that involve illegally obtained wealth by simply taking it away from the criminals.

Confiscation was introduced as a method by which it was hoped that crime would no longer pay. If a person could not explain how he obtained any of his wealth he would lose it by default. This was targeted at crime lords and organised criminals who were often thought to be beyond the law. They amassed enough criminal wealth so that if caught committing fraud or fencing stolen goods they could employ the services of expensive criminal defence lawyers and criminal defence forensic accountants to minimise the sanctions imposed upon them.

Now the prosecution authorities look less at the specifics of the crime on its own, and often simply ask how the accused obtained his money. If it was obtained illegally, it will be impossible for him to explain its source and it is not enough to provide vague explanations. Detailed accounts are necessary. If the money was obtained legally but no records kept, this can pose just as much a problem as when criminal proceeds are the issue. Any wealth is still assumed to be the proceeds of criminal activity - or it might be revenue that is avoiding being taxed. The tax on it plus interest and penalties will add up to the same result. The money is still confiscated by the authorities.

The confiscation system was strengthened considerably in 2003 with the enforcement of the Proceeds of Crime Act 2002. The Act introduced and strengthened a lot of measures which many say are too heavy handed and sometimes even "unfair". The intention was to create a system that allowed wealth to be taken away from the organised criminals, by being able to make assumptions that any wealth was from crime. It was up to the accused to explain where any wealth came from and if he couldn't it would be taken away. The trouble is that the assumptions can be made on any person deemed to have a criminal lifestyle and the criteria for this are fairly light.

If a person has committed several crimes, or committed a crime over a period of six months, or if the crimes are for amounts adding up to at least £5,000 - then the person is deemed to have a criminal lifestyle and all assets held and every transaction for the previous six years are deemed to be criminal.

This might mean that a shoplifter who gets caught two or three times could potentially stand to lose every asset including his family home. In addition, he would need to account for every credit shown on his bank statements and every outgoing debit for six years prior to the date of the commencement of proceedings. If an order made within a confiscation is not paid on time, a substantial additional prison sentance can result.

The confiscation of wealth does work for serious criminals, but can be seen as "overkill" in the cases of some smaller crimes.

Mark Jenner is a Fellow of the Institute of Chartered Accountants in England and Wales, a Certified Fraud Examiner and has a Masters Degree in Fraud Management. He runs his own forensic accountancy business specialising in confiscation proceedings and criminal defence matters.

Five held in organised crime swoop

Sunday, 12 June 2011

Five men have been arrested in an operation against organised crime

Five men have been arrested in an operation against organised crime.

Detectives said two firearms were also seized when they stopped the men in two cars in Kill, Co Kildare.

The Garda's Organised Crime Unit was backed up by the armed Emergency Response Unit during the stop and search around 1am on Sunday.

The five men, all in their 30s, have been taken to Clondalkin and Ballyfermot Garda stations and are being detained under section 30 of the Offences Against the State Act.

The firearms have been sent for ballistics tests.

View the original article here

Agency to fight organised crime

Wednesday, 8 June 2011

Home Secretary Teresa May has announced plans to establish a US-style National Crime Agency

A US-style National Crime Agency (NCA) will have a sweeping new power to step in to directly task and co-ordinate police forces in a bid to tackle organised crime and secure the UK's borders, the Home Secretary said.

Theresa May said too many of the 6,000 organised crime gangs in the UK were escaping justice and a tough new approach was needed.

The agency will step in to co-ordinate police work, identify national priorities and ensure that the new directly-elected police and crime commissioners are "aware of the needs of the nation", she said.

"For the first time, there will be one agency with the power, remit and responsibility for ensuring that the right action is taken at the right time by the right people," Mrs May told MPs. "NCA officers will be able to draw on a wide range of powers, including those of a police constable, immigration or customs powers. This will mean that NCA officers - unlike anybody else - will be able to deploy powers and techniques that go beyond the powers of a police officer."

But the NCA "cannot and should not deliver the national response in isolation" but "will have the authority to undertake tasking and co-ordination, ensuring appropriate action is taken to put a stop to the activities of organised crime groups", the Home Office said. "It will step in to directly task where there are disputes about the nature of approach or ownership."

Mrs May added: "I think it's important for this country that we take organised crime as seriously as we should. We haven't been able to deal with it as effectively as we need to because we have set up organisations that work in silos. There has been no proper cross-law enforcement agency co-ordination.

"This new National Crime Agency, and the powers that it has, this is a serious crime fighting body that will significantly enhance the UK's ability to deal with organised crime."

Its budget will not exceed that of the agencies it replaces and about ?3 million of Government funding has been committed "for the national co-ordination of organised crime policing" in 2011/12, including an intelligence centre.

The Home Office plan for its creation highlighted comments by Scotland Yard chief Sir Paul Stephenson last year, who suggested the NCA could have powers to "maintain strategic oversight of operations and operational deployments, deliver a command and control capability when needed".

In tackling organised crime gangs, the NCA could lead operations involving several agencies, "developing a plan in agreement with all the police forces and agencies involved", so that each one "would be clear on what to do, when and why".

View the original article here

Agency to fight organised crime

Wednesday, 8 June 2011

Home Secretary Teresa May has announced plans to establish a US-style National Crime Agency

A US-style National Crime Agency (NCA) will have a sweeping new power to step in to directly task and co-ordinate police forces in a bid to tackle organised crime and secure the UK's borders, the Home Secretary said.

Theresa May said too many of the 6,000 organised crime gangs in the UK were escaping justice and a tough new approach was needed.

The agency will step in to co-ordinate police work, identify national priorities and ensure that the new directly-elected police and crime commissioners are "aware of the needs of the nation", she said.

"For the first time, there will be one agency with the power, remit and responsibility for ensuring that the right action is taken at the right time by the right people," Mrs May told MPs. "NCA officers will be able to draw on a wide range of powers, including those of a police constable, immigration or customs powers. This will mean that NCA officers - unlike anybody else - will be able to deploy powers and techniques that go beyond the powers of a police officer."

But the NCA "cannot and should not deliver the national response in isolation" but "will have the authority to undertake tasking and co-ordination, ensuring appropriate action is taken to put a stop to the activities of organised crime groups", the Home Office said. "It will step in to directly task where there are disputes about the nature of approach or ownership."

Mrs May added: "I think it's important for this country that we take organised crime as seriously as we should. We haven't been able to deal with it as effectively as we need to because we have set up organisations that work in silos. There has been no proper cross-law enforcement agency co-ordination.

"This new National Crime Agency, and the powers that it has, this is a serious crime fighting body that will significantly enhance the UK's ability to deal with organised crime."

Its budget will not exceed that of the agencies it replaces and about ?3 million of Government funding has been committed "for the national co-ordination of organised crime policing" in 2011/12, including an intelligence centre.

The Home Office plan for its creation highlighted comments by Scotland Yard chief Sir Paul Stephenson last year, who suggested the NCA could have powers to "maintain strategic oversight of operations and operational deployments, deliver a command and control capability when needed".

In tackling organised crime gangs, the NCA could lead operations involving several agencies, "developing a plan in agreement with all the police forces and agencies involved", so that each one "would be clear on what to do, when and why".

View the original article here