MLA FOR ASSET TRACING RECOVERY INVESTIGATIONS INTELLIGENCE EVIDENCE

MLA FOR ASSET TRACING & RECOVERY INVESTIGATIONS: INTELLIGENCE & EVIDENCE

INTELLIGENCE DEVELOPMENT • As part of an ongoing criminal investigation; • As part of a financial investigation following a criminal conviction; • Suspicious activity report; • Following an incoming mutual legal assistance request; • Human Sources;

Intel Development Cont’d. • Product/recordings from surveillance/interception of communications; • Financial Profiling (Land Registry, financial institutions, utilities and telephone billing); • Account Monitoring Order or similar (will require banks etc to provide details of specific transactions over specified period) Can be in ‘real time’ e. g. ATM = useful; • Customer Information Order or similar.

EVIDENCE GATHERING

The Range of evidence • • • Circumstantial; Accomplice evidence; Admissions; Audit trails; Expert evidence; Unlikelihood of legitimate origin;

The Range of Evidence cont’d • Unusual or inexplicable business dealings (e. g. a ‘bad deal’ / losing money); • Evidence of bad character; • Physical contamination of cash; • Corroboration by lies (sometimes!); • Inferences from silence (sometimes!); • Covert surveillance; • False identities, addresses and documentation. www. amicus-legal-consultants. org

Recurring Issues • Production orders or equivalent (Based on: Intelligence; Financial institutions / professional advisers); Confidential/secret/ex parte hearings); • Financial Evidence: – From lifestyle (e. g. cash based / undeclared income); – ‘Legitimate’ income; – Associates (business and social); – Transfers of Funds. www. amicus-legal-consultants. org

Recurring Issues (contd. ) • Tracing of assets ØHas there been purchase of real property or high value goods? ØAre assets hidden offshore? ØHave associates / third parties been used to assist? www. amicus-legal-consultants. org

Recurring Issues cont’d. • Criminal Association ØIs there a link with other criminals? ØAscertain via surveillance, use of UC, ‘lifestyle’ evidence; ØPrison visits to associates? ØFinancial transfers? ØTelephone billing etc. www. amicus-legal-consultants. org

General Covert Methodology • • Use of human sources; Interception of telephone calls / e-mail traffic; Monitoring of accounts; Recovery of billing details and of stored text messages etc; • Cell site analysis; • Property interference (e. g. covert searches).

FORENSIC ACCOUNTANCY The forensic accountant is able to: • Trace transactions back to the money/asset • Explain transactions to the Court • Analyse international money flows • Conduct a full analytical review • Aid the court’s understanding of the industry/business

FORENSIC ACCOUNTANCY cont’d • Identify unexplained turnover & consultancy fees • Link related parties? • Focus on likely areas of misstatement • Explain accounting standards • Provide recognition of income • Review balance sheet, profit & loss account

FORENSIC ACCOUNTANCY cont’d. • Sampling – statistical v likely frauds Recording the transactions • Use of all the information available • Tracing in both directions • Use of IT resources • Use of insolvency, civil, criminal routes • Understanding different jurisdictions