POL00121639
POL00121639
OFFICE
Financial Investigations
Partnership for Recovery
POL00121639
POL00121639
Oa hwon =
Financial Investigations Partnership for Recovery
Fraud strand recovery Target.
Financial Investigations.
Recovery of losses
Legislation
Team work
Court attendance at sentencing
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
The Fraud Strand currently has a
recovery objective for 2007/008.
Deliver casework effectively to ensure 30%
loss recovery, or greater, is achieved 2007/08.
It would not be unreasonable to project
future Fraud Strand recovery targets to
increase year on year
Deliver casework effectively to ensure 35% loss
recovery, or greater, is achieved 2008/09.
Deliver casework effectively to ensure 40% loss
recovery, or greater, is achieved 2009/10. Etc. Etc.
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
Each time there is a recovery target set we
consider this to be unfair, unachievable
or unrealistic.
How can I be expected to-
¢ Find the stolen moneythat the offender has
already spent. :
¢ Make the offende
award compery
¢ Ensure that the
rare occasiomthe ¢
* After all I cant pd
ourts don’t ever
even if (on the
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I be expected to-Find the stolen
money that the offender has already
spent.
* Gs204
¢ Gs205
° Gs207
* Gs210
* Search
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I be expected to-Find the stolen money
that the offender has already spent. Gs204-
¢ Credit and companies house checks with Equifax.
(identifies links to many financial institutions) soon to
incorporate “Experian” (supply more in-depth financial
profile)
¢ Don’t leave it until post-interview. (may give a lead to
why the property was stolen)
« Analysis the data obtained, use it to inform you, (1)
during your investigation (where has the criminal
property gone or been turned into) (2) during your
search (what financial data do you know what have you
found) (3) during your interview (what do you know
about the suspects finances against what they are
prepared to tell you) (4) at report writing (gives a
clearer picture to those reading your report)
i=) £ ry el_atle el el.
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I be expected to-Find the stolen money
that the offender has already spent. Gs205-
* Motor vehicle checks with PNC and DVLA
* These checks will establish ownership of vehicles
« The checks should be made to the address requesting a
list of all vehicles
* The document returned will list all vehicles in a larger
post code area than the one requested and you will
need to filter out the data to show which belong to or
may be linked to your suspect
* They cannot be requested for confiscation
investigations so if you don’t request it under section
29 (3) of the data protection act we loose the chance to
obtain this data later.
Financial Investigations Partnership for Recovery
How can I be expected to-Find the stolen money
that the offender has already spent Gs207-
Land registry checks
This will establish ownership of Properties, Flats,
Houses, Shops, Land and POST OFFICES.
This is often the largest asset suspects own or have an
interest in.
Don’t forget our employees and franchisees have a
personal file which contains address data.
Take a note of any property that you believe the suspect
has an interest in not just those they claim are theirs.
Remember that even though they don’t own a Post Office
or Retail outlet, does not mean that they do not have a
financial interest in it. They may have a lease or under-
POL00121639
POL00121639
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I be expected to-Find the stolen money
that the offender has already spent Gs210-
* Her Majesties Revenue and Customs checks.
* These provide details of taxes and savings.
* They can link you to banking institutions of which you
may previously have no detail.
* They also provide other interesting information
(addresses, companies, partnerships etc.)
* The “Gateway” for this information requires that you
suspect a person of a criminal offence and that
searches against persons related to your suspect
(Husband, Wife, Child, aunty etc...) requires a link to
that criminality beyond simply being related.
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I be expected to-Find the stolen money
that the offender has already spent SEARCH
Search, Search Search and Search
If you don’t search (for what ever reason) you
wont-
Find the cash
Find the criminal property
Find the bank account
Find the Property purchase
Find the safe deposit box details
Find the recoverable assets
Find the link that finds the bank account, that shows
the transaction, that finds the criminal property that
solves the crime and makes the recovery.
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs.
Consider recovery at all stages
Protect the loss
Get the offences charged right
* Become more of a “recovery team”
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs. (Consider
recovery at all stages)
* Consider recovery from the moment you receive the
case, discuss with your ITM and the FIU any recovery
issues.
¢ Plan and use financial data, obtainable within the GS
forms, at an early stage.
« Use Gs045 not only to prove the predicate offence but
to give indications as to what assets the suspect has.
* Search
¢ Interview with identification of assets and recovery as a
high priority not just the predicate offence admissions
« Keep an eye on where the suspect goes and what the
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs.
(Protect the loss)
Search.
Make whatever recoveries you can as and when you
can.
Seize anything you believe is evidence of an offence or
items obtained as a consequence of an offence.
Consider asking the AFI for restraint under POCA 2002
section 41. (If you have a real and not fanciful belief that
the suspect may dissipate any asset which could be
subject of a confiscation order, bear in mind you will
need to supply sufficient details for the AFI to write a
witness statement)
Be open minded when it comes to Criminal Property.
(Criminal property definition : Property a person knows
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs. (Get
the “offences charged” right)
* Theft, Fraud and Money laundering offences support the
POCA 2002 and Criminal Justice Act 1988 confiscation
process and in consequence recovery of the loss.
* Settling for false accounting as the predicate offence
creates massive problems with recovery (what is the
offenders benefit).
* The investigation and the interview should be
programmed to establish what has happened to, what is
and where is the criminal property, what offences have
occurred, and to what extent others are involved in
those offences and/or have benefited.
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs. (Get
the “offences charged” right)cont...
« POCA 2002
* You do not have to be an Accredited Financial
Investigator to investigate a money laundering offence
under POCA 2002.
« Money laundering offences carry a maximum penalty of
14 years and are a schedule 2 offence allowing for the
assumptions under the act to be used.
* Section 327-a person commits an offence if he
Conceals, disguises, converts transfers or removes
from the UK criminal property.
* Section-328- a person commits an offence if he enters
onto an arrangement which he knows or suspects
facilitates the acquisition use or control of criminal
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
POCA 2002 cont...
Proceeds of Crime act 2002 assumptions are best
described as
* What he has received.
* What he has retained.
* What he has spent.
* Credits him with full interest in any property assumed
or proved to have come from criminal conduct.
* Criminal conduct. SOCPA 2005
* Conduct which constitutes an offence in any part of
the UK or if the conduct occurred elsewhere, would
constitute an offence, if it is an offence in that
jurisdiction at the time and in any part of the UK. and
any conduct which has been proscribed by order of
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs. (Get the
“offences charged” right)cont...
* Fraud Act 2006
* section 2 (fraud by false representation)
* section 3 (fraud by failing to disclose information);
* section 4 (fraud by abuse of position).
* Section 11 (obtaining services dishonestly)
¢ Fraud carries maximum sentence of 10 years on
indictment.
+ Theft act
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
Fraud Act & Theft Act cont...Assumptions can be
used under these offences if-
* Defendant has been convicted of an offence, which was
committed over a period of at least six months or
* Defendant has been convicted in the current
proceedings of four or more offences or
* Defendant has been convicted in the current
proceedings of any one offence from which they have
benefited and has other convictions from which they
have benefited on at least two separate occasions
within six years of the date that current proceedings
were started.
* and from which the defendant had benefited by not less
than £5000
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
How can I Make the offender pay when the courts
don’t ever award compensation or costs. (Become
more of a “Recovery Team’)
* Madness is continuing to do the same thing and
expecting a different outcome.
* So
* Consider recovery for all loss cases at all stages of the
case
« Use the Aide Memoir “Recovery of Assets.
* Use the “Financial Investigations Case Partnership Flow
Chart”.
* Use the “Financial Evaluation Sheet” (FES)
¢ Stay in contact with your allocated AFI.
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
Ensure that the offender does pay even if (on
the rare occasion) the court orders it. (Crown
court hearings only)
Legislation
Your role at sentencing no AFI attached to
case
Your role at sentencing AFI attached to case
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
Ensure that the offender does pay even if (on the
rare occasion) the court orders it. (Crown
court hearings only) At the sentencing hearing-
Legislation
* Confiscation Part 2 Section 6(3)(a) POCA 2002. The
crown court must proceed if the prosecutor asks the
court to do so.
¢« Confiscation Part 2 Section 6(3)(b) POCA 2002. The
crown court must proceed if the court believes it is
appropriate to do so.
* Confiscation Part 2 Section 6(6) POCA 2002. The
crown must treat the duty as a power if it believes
that any victim has or intends to start proceedings.
* Confiscation Part 2 Section 13(5)(a)POCA 2002 The
ie Seen ees ro Le
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
Ensure that the offender does pay even if (on the
rare occasion) the court orders it. (Crown
court hearings only) At the sentencing hearing-no
AFI attached to case
+ (Where there is no linked AFI to your case) Ensure
that agents allocated to case by Royal Mail Group Ltd.
Legal Services Division apply for compensation and
costs.
« Ensure our investigation costs are detailed and
appropriate
* Ensure that Royal Mail Group Ltd. Legal Services
Division supply detailed costs
* Get our agents to remind the courts that these are not
victimless crimes and the importance of the recovery
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
Ensure that the offender does pay even if (on the
rare occasion) the court orders it. (Crown
court hearings only) At the sentencing hearing-
AFI attached to case
+ Ensure that the agents allocated to case by Royal
Mail Group Ltd. Legal Services Division request
confiscation under POCA 2002.
+ Ensures that the agents apply for compensation and
costs and that they ask for both of these to be
deferred to the outcome of the confiscation hearing.
¢ Ensure that agents request the court serve on the
defendant the POCA section 18 request for
information
¢ Ensure that our agents ask for the court to record the
requests.
° Record the POCA 2002 hearing timetable
POL00121639
POL00121639
Financial Investigations Partnership for Recovery
* Have you any questions
¢ Have you any sensible questions
¢ Have you any sensible questions
related to this presentation