Asset Recovery Unit – Regimes

Criminal Attachment Order

When the Financial Crimes Commission (FCC) applies for a Criminal Attachment Order, a judge can issue it if there are reasonable grounds to believe that the alleged offender is charged with or convicted of an offense, or is under criminal investigation, and that the property in question is proceeds or an instrumentality of the offense, or a terrorist property. The order will prevent the property from being transferred or sold, allow the FCC to seize and secure the property, and direct the FCC to manage the property as instructed. This ensures that assets tied to criminal activities are controlled and managed properly during the criminal investigation period and court proceedings.

Criminal Confiscation Order

When a person is convicted of an offense, the Financial Crimes Commission (FCC) can apply to the Court for a Criminal Confiscation Order to recovered any property in which the convicted person or any other person has an interest, that is reasonably believed to be proceeds of the offense, including income or other benefits derived from such proceeds, or an instrumentality used for the offense, or terrorist property. The Criminal Confiscation Order will also include “Claim Benefits,” which is an assessment of the value of the benefit obtained or likely to be obtained by the defendant as a result of his criminal activities.

Civil Attachment Orders

The FCC has the authority to apply for a Civil Attachment Order through an ex parte application to a Judge when a property is reasonably believed to be recoverable proceeds, an instrumentality, or terrorist property. Such an order can be obtained by demonstrating that the property falls under these categories, without the requirement to prove its direct or indirect connection to a specific offense or any related charges against individuals. Similar to a Criminal Attachment Order, this allows the FCC to seize and secure the property and directs the FCC to manage it as instructed by the court during the investigation and court proceedings.

Civil Confiscation Orders

When the Financial Crimes Commission identifies property suspected to be related to proceeds, instrumentalities, or terrorism, it may apply to the Court for a Civil Confiscation Order to recover such property. Any person with an interest in such property has the right to be notified and to participate in the court proceedings. They can oppose the order, apply to exclude their interest in the property, or request variations to the order, and present evidence at the hearing of the application. This process ensures fairness and transparency in combating financial crime.