MLA FOR ASSET TRACING & RECOVERY INVESTIGATIONS: INTELLIGENCE & EVIDENCE

MLA FOR ASSET TRACING & RECOVERY INVESTIGATIONS:INTELLIGENCE & EVIDENCE

INTELLIGENCE DEVELOPMENT • As part of an ongoing criminal investigation; • As part of a financial investigation following a criminal conviction; • Suspicious activity report; • Following an incoming mutual legal assistance request; • Human Sources;

Intel Development Cont’d. • Product/recordings from surveillance/interception of communications; • Financial Profiling (Land Registry, financial institutions, utilities and telephone billing); • Account Monitoring Order or similar (will require banks etc to provide details of specific transactions over specified period) Can be in ‘real time’ e.g. ATM = useful; • Customer Information Order or similar.

EVIDENCE GATHERING

The Range of evidence • Circumstantial; • Accomplice evidence; • Admissions; • Audit trails; • Expert evidence; • Unlikelihood of legitimate origin;

The Range of Evidence cont’d • Unusual or inexplicable business dealings (e.g. a ‘bad deal’ / losing money); • Evidence of bad character; • Physical contamination of cash; • Corroboration by lies (sometimes!); • Inferences from silence (sometimes!); • Covert surveillance; • False identities, addresses and documentation. www.amicus-legal-consultants.org

Recurring Issues • Production orders or equivalent (Based on: Intelligence; Financial institutions / professional advisers); Confidential/secret/ex parte hearings); • Financial Evidence: • From lifestyle (e.g. cash based / undeclared income); • ‘Legitimate’ income; • Associates (business and social); • Transfers of Funds. www.amicus-legal-consultants.org

Recurring Issues (contd.) • Tracing of assets • Has there been purchase of real property or high value goods? • Are assets hidden offshore? • Have associates / third parties been used to assist? www.amicus-legal-consultants.org

Recurring Issues cont’d. • Criminal Association • Is there a link with other criminals? • Ascertain via surveillance, use of UC, ‘lifestyle’ evidence; • Prison visits to associates? • Financial transfers? • Telephone billing etc. www.amicus-legal-consultants.org

General Covert Methodology • Use of human sources; • Interception of telephone calls / e-mail traffic; • Monitoring of accounts; • Recovery of billing details and of stored text messages etc; • Cell site analysis; • Property interference (e.g. covert searches).

FORENSIC ACCOUNTANCY The forensic accountant is able to: • Trace transactions back to the money/asset • Explain transactions to the Court • Analyse international money flows • Conduct a full analytical review • Aid the court’s understanding of the industry/business

FORENSIC ACCOUNTANCY cont’d • Identify unexplained turnover & consultancy fees • Link related parties? • Focus on likely areas of misstatement • Explain accounting standards • Provide recognition of income • Review balance sheet, profit & loss account

FORENSIC ACCOUNTANCY cont’d. • Sampling – statistical v likely frauds Recording the transactions • Use of all the information available • Tracing in both directions • Use of IT resources • Use of insolvency, civil, criminal routes • Understanding different jurisdictions

MLA FOR ASSET TRACING & RECOVERY INVESTIGATIONS: INTELLIGENCE & EVIDENCE