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Livern Barrett, Gleaner Writer Jamaican police have used the Proceeds of Crime Act (POCA) to seize just over $771 million in local, United States (US), British and Canadian currencies over the last four years from persons suspected of being involved in criminal activities.
However, close to $689 million has either been returned or is being held pending the outcome of cases before the courts.
The main reasons for the high rate of return, according to Assistant Commissioner of Police Les Green, are the lengthy delay in taking the cases through the courts, inadequate investigations by the police and insufficient use of mutual bilateral treaties to gather evidence from overseas.
"We have very strong legislation and we are also seizing significant sums ... but we are failing to restrain a lot of that money," Green lamented.
"Most of what we seize we should be able to keep under the Proceeds of Crime Act, but we are not," he told The Gleaner yesterday.
Statistics provided by Green during a recent anti-money laundering conference put on by the Financial Services Commission in St Ann show that since 2007 the police have seized more than J$92.45 million, US$6.92 million (J$595 million), CDN $165,880 (J$14 million) and £498,925 (J$69.5 million).
However, they have only managed to hold on to J$481,500, US$847,481 (J$72.8 million), CDN $23,400 (J$1.9 million) and £47,070 (J$6.54 million).
A yearly breakdown of the cash seized through the use of POCA shows that a total of $295 million was seized in 2007, $132 million in 2008, $186 million last year and $158 million so far this year.
Gains wiped out
Green explained that, initially, the seizures help to put a dent in some of the criminal activities, but said these gains are wiped out when the cases are stalled in court and the money has to be returned.
"We are not being as effective with the powers that we have. We are not getting the results that we should be getting," Green said.
One of the reasons, he noted, was that Jamaica does not utilise the various bilateral agreements to gather vital evidence from law enforcement agencies overseas to assist investigations here, adding that he was unable to explain why this is not being done.
"I don't know, it still defies me. I haven't gotten to the bottom of it," he said when pressed as to why this was not being done.
Another critical issue, said Green, is getting individuals within the judicial system to understand that there is a different standard of proof in financial investigations.
He explained that, unlike criminal prosecutions, where a charge has to be proven beyond a reasonable doubt, the Proceeds of Crime Act places more of the burden on the individual whose money
was confiscated to prove that it was earned through legitimate means.
"Basically, we have to re-educate the judges and re-educate the clerks (of the courts) that they are dealing with a different standard of proof, and I don't think we've quite got that message across sufficiently," Green said.
He said this has presented some challenges for police officers investigating and preparing these cases.
Consequently, Green said a new Constabulary Financial Unit was established to work closely with the Financial Investigations Division of the Ministry of Finance.
The unit will be staffed by 25 dedicated financial investigators from within the Jamaica Constabulary Force.
livern.barrett@gleanerjm.com
http://www.jamaica-gleaner.com/glean...ead/lead1.html
However, close to $689 million has either been returned or is being held pending the outcome of cases before the courts.
The main reasons for the high rate of return, according to Assistant Commissioner of Police Les Green, are the lengthy delay in taking the cases through the courts, inadequate investigations by the police and insufficient use of mutual bilateral treaties to gather evidence from overseas.
"We have very strong legislation and we are also seizing significant sums ... but we are failing to restrain a lot of that money," Green lamented.
"Most of what we seize we should be able to keep under the Proceeds of Crime Act, but we are not," he told The Gleaner yesterday.
Statistics provided by Green during a recent anti-money laundering conference put on by the Financial Services Commission in St Ann show that since 2007 the police have seized more than J$92.45 million, US$6.92 million (J$595 million), CDN $165,880 (J$14 million) and £498,925 (J$69.5 million).
However, they have only managed to hold on to J$481,500, US$847,481 (J$72.8 million), CDN $23,400 (J$1.9 million) and £47,070 (J$6.54 million).
A yearly breakdown of the cash seized through the use of POCA shows that a total of $295 million was seized in 2007, $132 million in 2008, $186 million last year and $158 million so far this year.
Gains wiped out
Green explained that, initially, the seizures help to put a dent in some of the criminal activities, but said these gains are wiped out when the cases are stalled in court and the money has to be returned.
"We are not being as effective with the powers that we have. We are not getting the results that we should be getting," Green said.
One of the reasons, he noted, was that Jamaica does not utilise the various bilateral agreements to gather vital evidence from law enforcement agencies overseas to assist investigations here, adding that he was unable to explain why this is not being done.
"I don't know, it still defies me. I haven't gotten to the bottom of it," he said when pressed as to why this was not being done.
Another critical issue, said Green, is getting individuals within the judicial system to understand that there is a different standard of proof in financial investigations.
He explained that, unlike criminal prosecutions, where a charge has to be proven beyond a reasonable doubt, the Proceeds of Crime Act places more of the burden on the individual whose money
was confiscated to prove that it was earned through legitimate means.
"Basically, we have to re-educate the judges and re-educate the clerks (of the courts) that they are dealing with a different standard of proof, and I don't think we've quite got that message across sufficiently," Green said.
He said this has presented some challenges for police officers investigating and preparing these cases.
Consequently, Green said a new Constabulary Financial Unit was established to work closely with the Financial Investigations Division of the Ministry of Finance.
The unit will be staffed by 25 dedicated financial investigators from within the Jamaica Constabulary Force.
livern.barrett@gleanerjm.com
http://www.jamaica-gleaner.com/glean...ead/lead1.html