Detective inspector doug reeman poca law enforcement perspective 11 th april 2006
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DETECTIVE INSPECTOR DOUG REEMAN POCA – LAW ENFORCEMENT PERSPECTIVE 11 th April 2006 PowerPoint PPT Presentation


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DETECTIVE INSPECTOR DOUG REEMAN POCA – LAW ENFORCEMENT PERSPECTIVE 11 th April 2006. PROCEEDS OF CRIME ACT 2002. POLICE POWERS – THEIR IMPACT ON THE MLRO. Economic Crime Department. Fraud Squad. Serious Fraud Office. Financial Investigation Unit. Cheque & Credit Card Unit.

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DETECTIVE INSPECTOR DOUG REEMAN POCA – LAW ENFORCEMENT PERSPECTIVE 11 th April 2006

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DETECTIVE INSPECTOR

DOUG REEMAN

POCA – LAW ENFORCEMENT PERSPECTIVE

11th April 2006


PROCEEDS OF CRIME ACT 2002

POLICE POWERS –

THEIR IMPACT ON THE MLRO


Economic Crime Department

Fraud Squad

Serious Fraud Office

Financial Investigation Unit

Cheque & Credit Card Unit

Dedicated Cheque & Plastic Crime Unit


  • SUSPICIOUS ACTIVITY REPORTING

  • CONFIDENTIALITY v DISCLOSURE

  • CONSENT REGIME

  • INVESTIGATION POWERS

  • TYPOLOGIES

  • RISKS


SERIOUS ORGANISED CRIME AGENCYUK FIU

  • DEDICATED CONSENT TEAMS

  • WORKING IN CLOSE PARTNERSHIP WITH LAW ENFORCEMENT TEAMS

  • MONEYWEB - INTELLIGENCE LED

  • PARTNERSHIPS – TRAINING & WORKSHOPS

  • SECTOR LIAISON

  • CHANGES - APRIL 2006 (Work in progress)


  • Disclosure – criminal and civil proceedings

  • Fairness

  • Test - Undermine case or assist the defence

  • Each case is examined on its own merits

  • Identity of reporting source v defendant’s right to a fair trial

  • Confidentiality - Procedure - Home Office Circular – 53/2005


CONSENT REGIME


COMPUTER SAYS NO


  • SQUIRRELL LTD and Nat West and HM Customs & Excise

  • N2J and ACE TELECOM v Cater Allen

  • Operational problems

  • Communication

  • Agreement

  • Transparency


SQUIRRELL LTD v NAT WEST

  • Suspected – no evidence

  • ‘Nat West - not an investigative criminal authority – no expertise or obligation to investigate’

  • Nat West - position unimpeachable

  • HMRC – Intervened

  • Questions unanswered – suspicion test


N2J and ACE TELECOM v Cater Allen

  • Claimant sought disclosure

  • Cater Allen relied on contractual arrangements

  • HMRC refusal – natural consequence of Cater Allen’s suspicion

  • External check and balances introduced in relation to nature of suspicion

  • ‘Powerful public policy reasons to permit investigation’


  • Pre-advised transactions – Sec 327

  • Arrangements – Sec 328

  • Timing

  • Engagement & Transparency

  • Disclosures - Post-event management & monitoring

  • Record of investigation and decision making process

  • Review

  • What are you seeking consent to do?


  • SENIOR MLRO – DEPUTY – TEAMWORK - FIREWALLS

  • SOCA – UK FIU

  • LEA – FINANCIAL INVESTIGATION UNIT

  • FINANCIAL INVESTIGATOR

  • FINANCIAL INTELLIGENCE OFFICER


APPROPRIATE CONSENTCASE STUDY

  • Nominated Officer - Consent – Section 336

  • Strict liability offence

  • Early liaison – legal & law enforcement

  • Don’t panic

  • Timing – important

  • Clear and targeted reporting

  • Tipping off – careful consideration


INVESTIGATION POWERS


  • POCA 2002

  • MONEY LAUNDERING INVESTIGATION

  • CONFISCATION INVESTIGATION

  • CIVIL RECOVERY (ARA)

  • POLICE & CRIMINAL EVIDENCE ACT 1984

  • DRUG TRAFFICKING ACT 1994

  • TERRORISM ACT 2000 & ATCSA 2001

  • HMRC POWERS

  • SERIOUS ORGANISED CRIME & POLICE ACT 2005

  • SFO – SECTION 2 POWERS

  • DTI


  • Customer Information Order

  • Production Order

  • Account Monitoring Order

  • Search & Seizure warrant

  • Disclosure Orders (SFO, ARA, SOCA)

  • PACE ORDER

  • Restraint Order


LEGAL ORDERS

  • POLICY & STANDARD OPERATING PROCEDURES - PUBLISH

  • Liaison – pre and post application

  • Timescales - agree

  • Legality – material

  • Witness statements & Exhibits – Who?

  • Managing orders – Who?

  • Witnesses – production or factual

  • Evidence – quality of material


IDENTITY FRAUD & IDENTITY TAKEOVER

  • PASSPORTS

  • BIRTH CERTIFICATES

  • DRIVING LICENCES

  • UTILITY BILLS

  • BANK AND CREDIT CARD STATEMENTS

  • FALSE REFERENCES


INTERNAL DANGERS

  • INSIDE AGENTS

  • VULNERABLE STAFF - LOW WAGE EARNERS

  • TARGET PROFILE - 18 to 25 years - male or female

  • ORGANISED

  • OPPORTUNIST

  • PAYMENT SYSTEMS

  • BY-PASS KYC & KYB


CASH BUSINESS – RISK AREAS

  • RESTAURANTS AND TAKEAWAYS

  • PUBLIC HOUSE/NIGHT CLUB

  • BEAUTY PARLOURS – SUN TANNING & NAIL BARS

  • SUPERMARKETS

  • MONEY LENDERS

  • CHEQUE CHANGERS

  • MONEY SERVICE BUREAU

  • ALTERNATIVE REMITTANCE SYSTEMS


CASH SEIZURE POWERS

  • £5,000.00

  • CIVIL PROCEDURE

  • PARALLEL INVESTIGATION

  • HUGELY SUCCESSFUL


ROBERTO CALVI


DETECTIVE INSPECTOR

DOUG REEMAN

020 7601 2846

[email protected]


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