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. 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
DETECTIVE INSPECTOR

DOUG REEMAN

POCA – LAW ENFORCEMENT PERSPECTIVE

11th April 2006

proceeds of crime act 2002

PROCEEDS OF CRIME ACT 2002

POLICE POWERS –

THEIR IMPACT ON THE MLRO

economic crime department
Economic Crime Department

Fraud Squad

Serious Fraud Office

Financial Investigation Unit

Cheque & Credit Card Unit

Dedicated Cheque & Plastic Crime Unit

slide5
SUSPICIOUS ACTIVITY REPORTING
  • CONFIDENTIALITY v DISCLOSURE
  • CONSENT REGIME
  • INVESTIGATION POWERS
  • TYPOLOGIES
  • RISKS
serious organised crime agency uk fiu
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)
slide7
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
slide11
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
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
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’
slide14
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?
slide15
SENIOR MLRO – DEPUTY – TEAMWORK - FIREWALLS
  • SOCA – UK FIU
  • LEA – FINANCIAL INVESTIGATION UNIT
  • FINANCIAL INVESTIGATOR
  • FINANCIAL INTELLIGENCE OFFICER
appropriate consent case study
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
slide18
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
slide19
Customer Information Order
  • Production Order
  • Account Monitoring Order
  • Search & Seizure warrant
  • Disclosure Orders (SFO, ARA, SOCA)
  • PACE ORDER
  • Restraint Order
legal orders
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
IDENTITY FRAUD & IDENTITY TAKEOVER
  • PASSPORTS
  • BIRTH CERTIFICATES
  • DRIVING LICENCES
  • UTILITY BILLS
  • BANK AND CREDIT CARD STATEMENTS
  • FALSE REFERENCES
internal dangers
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
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
CASH SEIZURE POWERS
  • £5,000.00
  • CIVIL PROCEDURE
  • PARALLEL INVESTIGATION
  • HUGELY SUCCESSFUL
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