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

Declan O’ReillyCriminal Assets

BureauHarcourt SquareDublin 2Ireland

info@cab.ie