Criminal Assets Bureau
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The Criminal Assets Bureau (CAB) (Irish: An Biúró um Shócmhainní Coiriúla) operates in the Republic of Ireland in order to recover the proceeds of organised crime. It is a division of the Garda Síochána (Police), but reports annually to the Minister for Justice, Equality and Law Reform. It has wide ranging powers including the seizure of proceeds of crime from criminals and serious tax defaulters.

Background

The Bureau was established in August 1996 but was given statutory powers on 15 October 1996 under the Criminal Assets Bureau Act 1996. The Bureau was established to deal with increasing levels of serious organised crime in the Republic of Ireland, prompted by the murders of crime reporter Veronica Guerin and Detective Garda Jerry McCabe. Its powers were extended in 2005 to include the proceeds of corruption and organised crime committed outside the Republic.

Overview

The CAB collected €89 million in taxes in its first ten years of existence and it also engaged in initiatives to curtail international criminality.¹ The CAB has a staff of 52, including Gardaí, Revenue Commissioners, (both customs and revenue officers), and civil servants from the Department of Social & Family Affairs. Its annual budget is €5.2 million, of which 62% is salary cost. Officers (except Gardaí) of the Bureau are protected with anonymity. The only members whose names are in the public domain are the Chief Bureau Officer and the Legal Officer. Fachtna Murphy was the first Chief Bureau Officer. The current Chief Bureau officer is Chief Superintendent John O'Mahoney, who succeeded Felix J. McKenna on 28 September 2006.

Objective

The statutory objective of CAB is to target the proceeds of criminal activity (drug trafficking, fraud and, since 2005, corruption) to ensure that those engaged in criminal activity do not benefit from it.

Proceeds of Crime

• CAB obtained 48 court orders against 77 defendants relating to the proceeds of crime, including the proceeds from the sale of five houses and seven cars.
• Interim orders were made to stop criminals dispensing assets in excess of €6 million
• €16.3 million was collected in taxes and interest arising from the enforcement of Taxes Acts in 2005².
• Social Welfare payments obtained suspected of being obtained under false pretences, or through overpayment are investigated. Social welfare savings of €216,054 were achieved in 2005 and €294,000 was recovered from people defrauding the system
• Sums amounting to over €18.5 million (€348,250.43 in 2004) frozen under court orders under Section 3 of the Proceeds of Crime Act 1996 were remitted to the Minister for Finance for the benefit of the central fund in 2005.

Camden Asset Recovery Interagency Network

CAB represents Ireland on the steering committee of the Camden Assets Recovery Interagency Network (CARIN), a group which aims to improve informal cross-border and inter-agency cooperation within the European Union and elsewhere. It operates from Europol the European Police Agency. The CAB held the presidency of CARIN in 2005.

Land Assets at Carrickmines

The CAB successfully obtained a High Court order on July 26, 2006 freezing land assets of 43ha (0.43km²) at Carrickmines, County Dublin owned by Jackson Way Properties Ltd and preventing their sale³. CAB contended that these lands had been rezoned on 16 December 1997 by Dún Laoghaire-Rathdown County Council from agricultural to industrial after Frank Dunlop bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote increased the value of just 17 acres (69,000 m²) of the property from €8 million to €61 million. CAB has interviewed and took statements from Frank Dunlop and will use him as a witness against a number of property developers.

The lands in question have been the subject of investigation by The Mahon Tribunal in 2003 and 2004.

Separately Jackson Way was also at the centre of complaints by conservationists, who claimed that the rezoning of what was a land-locked parcel directly led to the design of a motorway junction which also resulted in destroying the remains of an ancient fortified settlement. For more see Carrickmines Castle.

If this case succeeds the potential money realised by CAB will be substantially more than the yield from gangland criminals since 1996. Other similar cases are likely to ensue involving lands investigated by The Mahon Tribunal.

References

See also

• Assets Recovery Agency, a similar body in the United Kingdom

External links

• Garda Síochána Criminal Assets Bureau – Official website
• Garda Síochána Annual Report 2006
• Tribunal of Inquiry Into Certain Planning Matters and Payments