Best Practice in International Asset Recovery

David TrovatoEJTN Seminar 24 November 2016

Mutual Legal

Assistance

Mutualrecognition?

Presumed

confidence

“The proper practical application of this Framework Decision

presupposes closeliaison between the competent national authorities…”

(Recital 10, 2006 FD)

Confirm assets

before seeking to

freeze them

1

Law enforcement (FIUs)

MLA request for

evidence

MR certificate

Complete, accurate

certificates

2

Third parties

3

Clear legal basis

Proceeds /

Instrumentality?

bona fide party?

Property belongs to

suspect?

Prepare for

post-order issues

4

Management of order

Challenges to order

“Substantive reasons”

“…it is for the courts of the issuing state to deal withsuch arguments as these: not the courts of theexecuting state. Accordingly for the future CrownCourt judges in England and Wales should refuse toentertain evidence or arguments on the part of personsagainst whom an overseas restraint order has beenmade which, when analysed, can be seen to be directedat the substantive basis for making the initial restraintorder…Such a conclusion involves no denial of anindividual’s fundamental or Convention rights and nodenial of access to a remedy.”

A v DPP [2016] EWCA

1393

Consider full

range of asset

recovery tools

5

UK Options

Criminal process for CB

Civil process (in rem) for

NCB

Confirm before freezing

Complete certificates

Careful with third parties

Be prepared for post-order

issues

Consider full range of

tools

David Trovato

Acting Head (Central Pre-

Enforcement)

Specialist Prosecutor & Crown

Advocate

CPS Proceeds of Crime

david.trovato@cps.gsi.gov.uk