Eurojust s structure role in bankruptcy and asset recovery related activities
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Eurojust’s structure, role in Bankruptcy and Asset Recovery related activities. Carlos Zeyen 1 st Deputy State Prosecutor National Member for Luxembourg Member of the CTT and FECT. Outline . What is Eurojust and its aims? Who works there? How does it work?

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Eurojust s structure role in bankruptcy and asset recovery related activities

Eurojust’s structure, role in Bankruptcy and Asset Recovery related activities

Carlos Zeyen

1st Deputy State Prosecutor

National Member for Luxembourg

Member of the CTT and FECT


Eurojust s structure role in bankruptcy and asset recovery related activities

Outline

  • What is Eurojust and its aims?

  • Who works there?

  • How does it work?

  • Eurojust’s Bankruptcy and Asset Recovery related activities

  • Case examples

  • The Future


Eurojust s structure role in bankruptcy and asset recovery related activities

The European Union

27 EU States

30 Legal Systems

492.8 million people


The background
The Background

  • European Union Principle Freedom of Movement

    • People Capital Goods Services

    • Minimal, if any, frontier controls

    • Mobility & relatively cheap travel

    • Computer and internet

  • Organised cross-border crime

    • Terrorism

    • Trafficking in Drugs

    • Trafficking in Human Beings

    • Serious Fraud (inc. fraud on EU Budget)

    • Car Theft

    • Cybercrime

    • Corruption


Eurojust s structure role in bankruptcy and asset recovery related activities
EJN

  • Established in 1998

  • List of national contact points or intermediaries

  • Informal group

  • Task of facilitating judicial co-operation between EU States particularly in action to combat forms of serious crime

  • Enabling authorities to make the most of direct contact

  • Providing legal and practical information

  • Possible co-ordination functions


Mutual recognition
Mutual Recognition

  • European Arrest Warrant

  • Freezing Orders Property & Evidence

  • Recognition of Financial Penalties

  • Confiscation Orders

  • European Evidence Warrant


Eurojust s structure role in bankruptcy and asset recovery related activities

What is Eurojust ?

  • A group of 27 EU prosecutors / judges

    • One nominated by each Member State

  • Aim -

    • ‘to deal more effectively with serious cross border crime, particularly when it is organised, and involves two or more Member States’

      - JHA Council Decision of 14 December 2000


Eurojust s structure role in bankruptcy and asset recovery related activities
Aims

  • Improve co-operation between Competent Authorities in Member States

  • Bring better co-ordination of cross-border investigations and prosecutions

  • Exchange of information

  • To make recommendations to change laws to improve MLA & Extradition arrangements


Eurojust s structure role in bankruptcy and asset recovery related activities

Austria

Belgium

Bulgaria

Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Ireland

Ursula Koller

Michèle Coninsx

Mariana Lilova

Katerina Loizou

PavelZeman

Lennart Lindblom

Raivo Sepp

RitvaSahavirta

Gérard Loubens

Michael Grotz

Lampros Patsavellas

Ilona Lévai

Jarlath Spellman

Eurojust - Membership (1)


Eurojust s structure role in bankruptcy and asset recovery related activities

Italy

Lithuania

Latvia

Luxembourg

Malta

The Netherlands

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

UK

n.a.

Laima Cekeliene

Gunārs Bundzis

Carlos Zeyen

Donatella FrendoDimech

Arend Vast

MariuszSkowroński

José Luís Lopes da Mota

Elena Dinu

Ladislav Hamran

MalciGabrijelčič

Juan Antonio García Jabaloy

Ola Laurell

Aled Williams

Eurojust - Membership (2)


Eurojust s structure role in bankruptcy and asset recovery related activities

Cooperation agreements


Eurojust s structure role in bankruptcy and asset recovery related activities

Agreement with Norway

28 April 2005, Oslo


Eurojust s structure role in bankruptcy and asset recovery related activities

Liaison Prosecutor for Norway since 1 October 2005

Kim Sundet, joined Eurojust in November 2006


Eurojust s structure role in bankruptcy and asset recovery related activities

Agreement with the USA

6 November 2006, Washington



Eurojust s structure role in bankruptcy and asset recovery related activities

Cooperation agreements

  • Existing agreements with:

    • Norway (LiaisonProsecutor)

    • Iceland

    • USA (LiaisonProsecutor)

    • Croatia (not yet enteredintoforce)

    • Switzerland (not yetenteredintoforce)

    • The former Yugoslav Republic of Macedonia (not yetenteredintoforce)


Eurojust s structure role in bankruptcy and asset recovery related activities

Cooperation agreements

  • Pending or potentialnegotiations:

    • Ukraine

    • RussianFederation

    • Montenegro (first meeting in July 2008)

    • Moldova (firstmeetingin December 2008)

    • Liechtenstein (firstmeetingin December 2008)

    • Cape Verde (first meeting in November 2008)


Memorandum of understanding
Memorandum of Understanding

  • Memorandum of Understanding

    • IberRED (signed on 4 May 2009)

    • UNDOC

    • ICC

    • EULEX Mission in Kosovo


Eurojust third state contact points
Eurojust ThirdStateContactPoints

  • Montenegro

  • Norway (LP)

  • RussianFederation

  • Serbia

  • Singapore

  • Switzerland

  • Thailand

  • Turkey

  • Ukraine

  • USA (LP)

  • Albania

  • Argentina

  • Bosnia & Herzegovina

  • Canada

  • Croatia

  • fYROM

  • Iceland

  • Israel

  • Japan

  • Liechtenstein

  • Moldova

  • Mongolia


Number of coordination meetings 2008
Number of coordination meetings 2008

  • Inside Eurojust 110

  • Outside Eurojust 22

  • Total 132



Eurojust s structure role in bankruptcy and asset recovery related activities

HI-TECH MEETING ROOMS

WITH TRANSLATION FACILITIES


Working at different levels
Working at Different Levels

  • Level 1

    • Plenary Meeting of all 27 National Members

    • Twice each week

  • Level 2

    • Only those national members involved in a case

  • Level 3

    • Investigators & prosecutors dealing with a case


Eurojust s structure role in bankruptcy and asset recovery related activities

OPERATIONAL COORDINATION MEETINGS

LEVEL I - meeting

F

SL

LU

LEVEL II - meeting

D

L

27 National Members

LU

...

...

Concerned

NM’s

I

PL

SL

D

NL

UK

S

UK

BE

LU

LU

SL

D

CONCERNED NAT. MEMBERS

+ JUDICIAL A/O POLICE

AUTHORITIES OF

CONCERNED COUNTRIES

SL

D

LEVEL III - meeting

SL

D

UK

UK

UK


Eurojust s structure role in bankruptcy and asset recovery related activities

An Integrated Approach

Intelligence

Confiscation of Assets

Information

Evidence


Eurojust s powers
Eurojust’s Powers

  • Power to request competent authorities :

    • to investigate or prosecute specific acts*

    • to accept that one country is better placed to prosecute than another*

    • to co-ordinate with one another

    • to set up a Joint Investigation Team

    • to provide Eurojust with any information necessary to carry out its tasks*


Eurojust s structure role in bankruptcy and asset recovery related activities

Counterparts

EUROJUST

NON EU

COUNTRIES

NATIONAL

AUTHORITIES

OLAF

EUROPOL

EUROPEAN

JUDICIAL

NETWORK

LIAISON

MAGISTRATES


Eurojust s structure role in bankruptcy and asset recovery related activities

NORWAY

ICELAND

JAPAN

CANADA

USA

SOUTH AMERICA

Contact Points 2007

EUROJUSTCOLLEGE

’27’

RUSSIA

CHINA

AFRICA

SWITZERLAND



Statistics 2006 2008
STATISTICS2006 - 2008


Statistics on cases registered in eurojust 2006 2008
Statistics on cases registered in Eurojust – 2006-2008

18 cases in 2006

30 cases in 2007

55 cases in 2008

CRIME TYPES

1. Environmental crime

2. Participation in criminal organization

3. Drug Trafficking

4. Tax Fraud

5. Corruption

6. Crime against property

7. Illicit trafficking in arms

8. Money Laundering

9. Terrorism

10. Forgery

11. Trafficking in Human Beings

12. Counterfeiting and Product Piracy

13. Motor Vehicle Crime

14. Forgery of Administrative documents

15. Advanced Fee Fraud

16. Illegal transfer of Money

17. Attempted aggravated fraud

18. Organised robbery

19. VAT Fraud

20. Financing of Terrorism

21. Criminal offences affecting the EU community’s financial interests

22. Fraudulent bankruptcy

23. Murder

24. Cybercrime

25. Fraud by forged documents


Applicable legislative instruments
Applicable legislative instruments

  • 2000 Palermo Convention (UN)

  • 1990 CoE Convention (Laundering, Search, Seizure and Confiscation proceeds of crime

  • 2000 CD cooperation between FIUs

  • CFD 2001 on ML, identification, tracing, freezing, seizing and confiscating proceeds of crime

  • CFD 2003 EU freezing orders for property or evidence

  • CFD 2005 confiscation of crime related proceeds, instrumentalities and property


Applicable legislative instruments 2
Applicable legislative instruments (2)

  • 2006 CFD application of mutual recognition to confiscation orders

  • 2006 CFD exchange of information and intelligence between law enforcement authorities

  • 2007 CD cooperation between AROs


Role of eurojust
Role of Eurojust

  • Facilitation of the mutual recognition of freezing and confiscation orders

  • National Authorities should involve Eurojust for this purpose

  • Confiscation of crime proceeds a global issue

  • Need for a fast-tracking of asset seizure, freezing and confiscation proceedings

  • Cooperation with Europol


Role of eurojust non conviction based forfeiture
Role of EurojustNon conviction based forfeiture

Eurojust as a body that congregates in the same building experiences and best practices of both judicial systems can facilitate requests coming from both jurisdictions and be an important link of cooperation and coordination between the Asset Recovery Offices either they are from similar judicial systems or from different ones.


Role of eurojust overcoming obstacles
Role of EurojustOvercoming obstacles

- Ne Bis in Idem principle;

- Dual criminality;

- Assets’ sharing;

- Conflicts between judicial systems;


Typology ar 1
Typology-AR (1)

  • Large scale investment fraud case

  • AT, LU, BE,FR,ES,UK and Switzerland

  • EJ: coordination and solution of conflict of jurisdiction


Eurojust s structure role in bankruptcy and asset recovery related activities

Typology-AR (2)

  • Operation “Balena Blanca”

  • Professional ML

  • Modus operandi

  • EJ: coordination/analysis/tactical/strategic


Eurojust s structure role in bankruptcy and asset recovery related activities

Typology-AR (3)

  • Drug Money

  • Searches – property in Portugal (bank accounts and real estate)

  • Germany and Italy

  • EJ: coordination and organization of searches and speeding up


Eurojust s structure role in bankruptcy and asset recovery related activities

Typology-AR (4)

  • Luxembourg-Spanish case

  • Description of the facts (BRAHIM – AL QAEDA)

  • EJ’s involvement and contribution


The future eurojust s vision
The Future : Eurojust’s Vision

“To be the key player, and a centre of excellence,

at judicial level for effective action against organised cross border crime in the EU”


Eurojust building more effective judicial co operation co ordination
Eurojust : Building More EffectiveJudicial Co-operation & Co-ordination