Joint Investigation Teams – way of functioning + casestudies

10 June 2011, Sunny Beach, BulgariaMariana LilovaNational Member for Bulgaria at Eurojust

Joint Investigation Teams

Basics

Specifics

Help

Case studies

Basics

I ti ti

Coordination

Cross-border

+ Agreement = JIT

Investigation

Purpose of a JIT

Reduce /Eliminate

MLARequests

Swift &Efficient

Investigations

Saving time Nojeopardizing

ofinvestigation

SharingInformation

JIT Potential

Perform actions inother State

Request activity fromhome authorities

Seconded

Be present duringactions

Share information fromtheir home authorities

Officers may:

The idea behind the concept of JIT

Desire to Actconciselyagainst

Terrorismand OC

MLAConvention 9/11

FrameworkDecision on

JITs

Evolution of JITs

2003

2002

FD JITs

2000

MLA Convention

2007+

COM Funding / EJ Funding

2005

JITs Expert Network

Council Model Agreement

Definitions

JIT = Joint Investigation Seconded Members= Participants=Parties whoJIT = Joint InvestigationTeam, set-up by an

agreement, for a specificpurpose, for a limited

amount of time

Art.13(1) MLA

Seconded Members=Members of the JIT

acting / present o/s oftheir State

Art.13(4) MLA

Participants=Parties whoare not a member of theJIT, but participating in it

Art.13(12) MLA

The Agreement

JIT Agreement• Parties• Purpose of the JIT• Duration• Member States where it will be operational• JIT Leader(s)• Members of the JIT• Members of the JIT• Europol / Eurojust participation• Evidence• General Conditions• Amendments• Costs• Fire Arms• Special Arrangements• Language of communication

JITs Help

• Eurojust website• Europol websiteEuropol website• JIT Manual• Guide to MS Legislation• JIT Expert Network

Bulgarian experience

In 2008 French police has found out criminal activities on Frenchterritory of an organized criminal group involving severalBulgarian citizens.

Europol has been asked to provide the French police andprosecution authorities with analytical information concerningthe international dimension of that criminal network –how longand where the criminal organization has carried out criminaloffences of the type concerned/skimming/.

With a close cooperation of the Bulgarian police it was found outthat the Bulgarian citizens are in Bulgaria by the time being andmoney laundering activities on the Bulgarian territory weredetected.

The French desk at Eurojust registered the case towards several EUMS and asked the Bulgarian desk for a level 2 meeting.

The questions on MLA facilitation, possible execution of EAW againstthe Bulgarian citizens were discussed. The competent Bulgarianprosecutor’s office was identified, the MLA request was respectivelytransmitted and its execution was ordered The presence of Frenchtransmitted and its execution was ordered. The presence of Frenchofficials was asked to be permitted during the MLA execution inBulgaria.

Immediately after the execution of the requested seizures inBulgaria EAW procedures were launched and the suspects werearrested. There was enough evidence found to launch aninvestigation in Bulgaria on money laundering as well as for chargingthe suspects with money laundering under the Bulgarian case. Theoperation was provided with the technical support of Europol.

Meanwhile the French authorities found outthat 2 Bulgarian citizens have been sentencedin two of EU countries involved for some ofoffences committed in their territory. At thesame time the French authorities after theconsultation with the French desk at Eurojustrecognized the need to establish a JIT with theBulgarian authorities.

The idea was consulted with the Bulgariandesk at Eurojust and a coordination meetinglevel 3 was scheduled at Eurojust in order todiscuss the frame of the future JIT.

During the level 3 meeting information on the state of play ofthe French and Bulgarian investigations was exchanged and thetext of the draft JIT agreement was discussed and agreed. Thedraft was sent to the French MoJ as far as the provisionalprincipal approval was needed . After the provisional approvalthe next meeting was organized in Bulgaria and the agreementwas signed by the competent French and Bulgarian authorities.Under the JIT agreement FR and BG authorities collected andanalyzed evidence and planned the future activities.

Before being surrendered to France thesuspects were charged also under theBG investigation with moneylaundering. For the need of confiscationprovided by the Bulgarian Penal Codethe BG authorities took the necessarymeasures for freezing property andassets of the suspects in Bulgaria

4 Annexes to the initial JIT agreementwere consulted and exchanged throughEurojust, as well as additionalconsultations , information on the caseand additional request for surrender.

Conclusions on the caseConclusions on the case• Fast exchange of evidence without MLA

requests• Permanent consultation due to the presence

of French /Bulgarian prosecutors at Eurojustat the same time and place

• Flexible use of procedural terms on bothFrench and Bulgarian investigations

• Technical support by Europol even if notmentioned further in the JIT agreement

• Gathering evidence in a relatively short time• Logistical and financial support from Eurojust

SPANISH / BULGARIAN JIT• Forged euro banknotes were apprehended in Spain.• Their origin was traced to Bulgaria.• Spain registered a case in Eurojust.• It turned out that Bulgarian authorities are already

investigating an OCG producing those same forged eurobanknotes.

Establishment of the JITi h h i f l d j l d i i• With the assistance of Europol and Eurojust a mutual decision

was reached for the establishment of a Spanish/Bulgarian JIT.• Primary objectives:

• Locating the printer• Tracing the BITMAP code• Finding the print-shop for offset printing of banknotes• Revealing and gathering evidence for the criminal activity of

the OCG and its dismantling.

Methods of investigation:

Listing the

Creatingcircumstancesfor infiltrationinto the OCG Verification of

Informationexchange

Analysis ofthe incominginformationfrom theinvestigationg

members ofthe OCG inboth states.

and usage ofundercoverofficers andspecialintelligencemeans.

Verification ofthe incominginformation.

gwithin the JITandcoordinatedteamwork.

investigationunder thesupervision oftheProsecutor’sOffices inboth states.

Realization:

On 24.06.2009 a The realization Arrests and Thanks to thedecision in the

JIT forneutralization of

the OCG wastaken

was made on 24and 25.06.2009in Bulgaria and

Spain.

house searcheswere madesimultaneouslyin both countries, which lead toequally goodresults• 17 persons arrested

in BG• 5 persons arrested

in ES

successfulcoordination

more than 500000 forged

EURO banknoteswith face valueof 100, 200 and500 were seized

Many sheets of paperith i f

Paper and foil for forgedi dwith images of

banknotes with differentface value in various

making phases/ cutting,putting hologram signs,printing serial numbers

on the banknotes/.

money were seized.

ConclusionThe establishment of the JIT, facilitated by Eurojust and Europol,working in both EU member states simultaneously, gave theopportunity to dismantle the OCG having its criminal activities acrossborders.

Only the joint work and efforts of the law enforcement oninternational level and close cooperation at the judicial level canoppose the increased growth of OCGs acting worldwide.

The JIT is one of the most advanced tools that can be used from theThe JIT is one of the most advanced tools that can be used from thelaw enforcement units, providing speed for the investigation and firmevidences that can be used by the partners in the JIT.

Eurojust has the means to facilitate and fund JITs thus to help theproactive investigation of international OCGs

•The considerations of JIT establishment started at different stages ofinvestigations

•Although the idea for establishment of the JITs was initiated fromdifferent authorities, the outcome was positive in both cases-thecriminal groups were dismantled and an evidence admissible in allthe countries-participating in the JITs was gathered

•There were no problems neither with the leadership, nor with themedia, because the information was given to them in the frame oflimits which were “healthy” for the investigations

Earlier involvement of Europol and Eurojust in the JITEarlier involvement of Europol and Eurojust in the JITestablishment

• Can ensure close contacts between thecompetent national law enforcement and judicialauthorities,

• Can contribute to avoiding possible conflicts ofjurisdictions

• Can provide the investigations with better results

Recently several JITs were established to deal with THB anddrug trafficking cases

THB and drug trafficking cases are the ones which are mostsuitable crime types areas for the establishment of JITs

Cooperation with third-countries is useful in traffickingcases.

An added value could be brought for all the countriesinvolved.

Thank you for yourattention!

Mariana LilovaNational Member for Bulgaria

mlilova@eurojust.europa.eu