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Seizing Criminal Assets to Fight Crime. Asset Forfeiture Unit National Prosecuting Authority Report to National Council of Provinces, Parliament May 2007. Overall objectives. 1: Increase the volume of cases

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seizing criminal assets to fight crime

Seizing Criminal Assets to Fight Crime

Asset Forfeiture Unit

National Prosecuting Authority

Report to National Council of Provinces, Parliament

May 2007

overall objectives
Overall 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
notes on volume of cases
Notes on volume of cases
  • New seizures
    • No. of cases: well above target
    • Value of cases: More than double annual target
      • Due to King case (est R500m frozen – possibly R1bn)
  • Completed cases
    • No. of cases: well above target
    • Value of cases: About 15% below target
  • CARA
    • Slightly below target
    • Shaik deposit of about R42m only next year
important cases
Important cases
  • David King – obtained freezing orders through MLA
    • in Guernsey, England and Wales
    • for as much as about R1 billion – one of largest cases ever
    • He has vowed to drag the case on for next 10 years
  • Delport – customs fraud of R350m
    • largest ever number of assets seized in SA – about R80m
  • Shaik finalised – will pay about R40m
cara first payments
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
note on judgements
Note on judgements
  • Success rate of more than 85% in all cases
  • 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 3 years in judgements
    • 03/04 won 77% of judgements (27 of 35)
    • 04/05 won 65% of judgements (30 of 46)
    • 05/06 won 72% of judgements (27.5 of 38)
    • 06/07 won 81% of judgements (26 of 36)
  • Since Nov 2004, have won 12 of 15 cases in SCA/CC = 80%
important judgements
Important judgements

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
  • Shaik – will argue leave to appeal on 24 May
important judgements1
Important judgements

Supreme Court of Appeal

  • Shaik – held that AFU can take gross benefit – not only the profit. Clarify confiscation procedure
  • 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

High Court notable cases

  • Boekhoud/Yield – hearsay admissible when undercover agents still in syndicate
  • Marinus – compelled to disclose assets to get legal expenses
partners relations
Partners relations
  • Generally relations are excellent
  • SAPS (incl SCCU)
    • about 90% of cases, 30% value
    • Have SAPS task teams in most AFU offices
  • DSO – about 8 % of cases, 67% value
  • SARS – Delport case
  • NPS – ensure that get more referrals
    • Working on new organised crime initiative
  • Others: SARB, FIC, MCM
challenges
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