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The role of confiscation and
other legal remedies
Declan O’Reilly
Bureau Legal Officer
Criminal Assets Bureau
Ireland
High-Level Conference on a Renewed EU Internal Security Strategy
Brussels - 29th September 2014
works and is fair
Post conviction based confiscation:
is wrong & unfair
Non conviction based forfeiture:
Is every crime:
1. Detected?
2. Reported to police?
3. Suspect found?
4. Person prosecuted?
5. Convicted?
versusbalance of probabilities
beyond reasonable doubt
Blackstone’s Ratio
“…it is better 10 guilty persons escape than 1 innocent person suffer”
Benjamin Franklin’s Ratio
“…it is better 100 guilty persons should escape than 1 innocent person suffer”
most crimes and criminals are: - not detected- not reported- not suspected- not prosecuted- not convicted
Post conviction based
confiscation doesn’t arise
versus
balance of probabilitiesbeyond reasonable
doubt
serious organised crime is a
businessThis isn’t personal. Its just
At what rate is this business
taxed?
taxed?At what rate is this business
Irish approachDedicated State agency for recovering assets of serious organised crime:
- Criminal Assets Bureau (multiagency Police, Tax, Social Welfare)
Dual approach: Post Conviction & Non ConvictionNon-Conviction Based Forfeiture based on:
- Civil Forfeiture- The business assets of crime and not the
person- Balance of probabilities that assets are the
proceeds of crime- State belief evidence is admissible but can
rebutted
Tax the proceeds of crimeRecover State benefit payments
