CAB sets its sights on foreign crime bosses with assets here

LEGISLATION will soon allow the Criminal Assets Bureau (CAB) target foreign crime bosses with assets in Ireland.

The Government drew up the powers following a ruling in the Supreme Court last month that CAB did not have the authority to seize assets which were the proceeds of crime committed outside the State. The case was taken by a top British criminal whose house in Co Wicklow was seized by CAB in 2002 on foot of a High Court order.

The 63-year-old crime boss, who cannot be named for legal reasons, bought the house in the 1980s for £128,000 in cash using bank drafts from England.

The convicted criminal successfully appealed to the Supreme Court on the basis that the Proceeds of Crime Act 1996 did not include crimes committed in other jurisdictions.

Justice Minister Michael McDowell told the Dáil Justice Committee this week he was bringing in amendments to the Proceeds of Crime (Amendment) Bill, 1999 to close this loophole

This will include an extra-territoriality provision applying the act to crimes outside the jurisdiction.

A “correspondence of offence” test will apply where the crime must be an offence in both this State and the foreign jurisdiction.

Under the bill, CAB will have a greater role in combating planning corruption. One amendment inserts a provision in the Prevention of Corruption (Amendment) Act 2001 whereby a suspected bribe, as an ‘instrumentality’ of crime, will be automatically capable of seizure. Committee member and Labour Party justice spokesman Joe Costello called on Mr McDowell to bring in amendments to cover other planning abuses.

“There is a major flaw in the bill in that it does not cover an enhanced gain from an abuse of the system, whereby you have a piece of agricultural land which is rezoned through a bribe to an official,” he said.

A Department of Justice spokesman said the issue was being examined by department officials and the Attorney General’s office.

“A firm proposal to be included in the bill had not yet emerged. The minister will deal with this issue and at report stage when it is expected a proposal to include corrupt profits will be introduced,” he said.

The bill also allows for seizure of cash suspected to directly or indirectly represent proceeds of criminal conduct, and not just drug trafficking, as at present.

In addition, the amended seizure power will apply to cash anywhere in the State and not just to money being imported into or exported from the State.

Mr Costello also called on the minister to bring in an amendment ring-fencing the money accruing from the sale of criminal assets. The minister expressed reluctance at the proposal but said he would bring it to the Department of Finance.

The bill also brings in some procedural changes to speed up administrative and legal processes for CAB.