Criminal Assets Bureau
Encyclopedia
The Criminal Assets Bureau (CAB) is a law enforcement agency in Ireland
, the purpose of which is to recover the proceeds of organised crime. It is a division of the Garda
(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.
but was given statutory powers on 15 October 1996 under the Criminal Assets Bureau Act 1996. The CAB was established to deal with increasing levels of serious organised crime in 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 of the State.
, (both customs and revenue officers), and civil servants from the Department of Social Protection. 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.Det.Chief Superintendent Pat Byrne was appointed Chief Bureau officer on 2 October 2009.
and, since 2005, corruption) to ensure that those engaged in criminal activity do not benefit from it.
for Finance
for the benefit of the central fund in 2005.
and elsewhere. It operates from Europol
the European Police Agency. The CAB held the presidency of CARIN in 2005.
, County Dublin
owned by Jackson Way Properties Ltd and preventing their sale. CAB contended that these lands had been rezoned on 16 December 1997 by Dún Laoghaire-Rathdown County Council
from agricultural use to industrial use 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 (68,796.6 m²) of the property from €8 million to €61 million. CAB has interviewed and taken statements from Frank Dunlop
and will use him as a witness against a number of property developers.Mr Frank Dunlop has given evidence of bribery and corruption at the Mahon Tribunal and has through his own evidence self confessed and convicted himself and served a prison sentence for corruption.The Cab now face the difficult task of proving their case with Mr Frank Dunlop as their sole witness as his credibility is in doubt as he offers hearsay evidence and he has previously perjured himself to the Mahon Tribunal and doctored his own appointment notebooks.
The Carrickmines lands in question have been the subject of investigation by The Mahon Tribunal
in 2003 and 2004.
Separately, Dun Laoghaire Rathdown County Council was also at the centre of complaints by conservationists, who claimed that the rezoning of the Carrickmines lands 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
.
If this case succeeds the potential money realised by CAB will be substantially more than the yield from gangland criminals since 1996 although this largely depends of the outcome of protracted legal proceedings. Other similar cases are likely to ensue involving lands investigated by The Mahon Tribunal
.
The legality of the CAB claim to the lands subjected to a freezing order at Carrickmines Co Dublin was undermined considerably with the arrival into Ireland of one of the Directors of Jacksonway Properties Ltd., Mr Jim Kennedy, to give evidence at the unjust enrichment case at the Four Courts Dublin on 29 October 2010. This was the first civil Forfeiture
case of its kind in the state. Ireland is one of the few countries in Europe to have enacted civil Forfeiture legislation, and despite opening the case and reducing their claim of unjust enrichment on the 17 acres of lands zoned at Carrickmines from 53 million euros downwards to 2.6 million on the first day of the hearing, CAB officers proceeded to arrest Mr Kennedy outside the court and filing criminal charges against him days later on 16 counts of Corruption. This is the first time a plaintiff has sought to arrest a defendant in the middle of a civil action. Mr Kennedy's lawyers sought to bring a motion for abuse of process against CAB. The civil action against Jackson Way properties has now been suspended until the hearing of the criminal action against Mr Kennedy, but Jackson way has managed to have 70 acres released from the freezing order sought by CAB on the grounds that it was agricultural land and should not have been subjected to the original freezing order. No consent was given by Jacksonway on the remaining lands held under freezing order and the civil action remains to be heard at a later date.
A stay on the Criminal Court proceedings due to be heard in October 2011 was granted in the Supreme Court in July 2011 and the Supreme Court will now decide on the judicial review brought by Mr Jim Kennedy as to whether there has been inordinate delay in bringing forth these proceedings in light of the fact that the alleged corruption originating in 1992 and the death of number of councillors , given the delays and the deaths of witnesses that could help his defence it is unclear whether Mr Kennedy the Director of Jacksonway properties right to a fair trial has been violated and the matter will now be decided by the Supreme Court.
In separate proceedings Jackson way has issued damages proceedings for losses in the region of 64 million euros against the Criminal Assets Bureau based on the reduction in value of the lands they froze and subsequently returned to the company.
This action in itself is unusual and will be interesting to watch in that the CAB have been given considerable powers in 1996 and further extended in 2005 and as yet never had to account for any misuse of these powers through the courts.
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, the purpose of which is to recover the proceeds of organised crime. It is a division of the Garda
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
(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 CAB was established in August 1996 by Minister Nora OwenNora Owen
Nora Owen , is a former Irish Fine Gael politician. She was a Teachta Dála for Dublin North from 1981 to 1987 and from 1989 to 2002. She also served as Minister for Justice from 1994 to 1997.-Early life:...
but was given statutory powers on 15 October 1996 under the Criminal Assets Bureau Act 1996. The CAB was established to deal with increasing levels of serious organised crime in Ireland, prompted by the murders of crime reporter Veronica Guerin
Veronica Guerin
Veronica Guerin was an Irish crime reporter who was murdered on 26 June 1996 by drug lords, an event which, alongside the murder of Detective Garda Jerry McCabe three weeks earlier, helped establish the Criminal Assets Bureau....
and Detective Garda Jerry McCabe
Jerry McCabe
Detective Garda Jerry McCabe was a member of the Garda Síochána, the police force of the Republic of Ireland. McCabe was murdered in Adare, County Limerick on 7 June 1996, by members of the paramilitary group, the Provisional IRA, during the attempted robbery of a post office van.-Early...
. Its powers were extended in 2005 to include the proceeds of corruption
Corporate crime
In criminology, corporate crime refers to crimes committed either by a corporation , or by individuals acting on behalf of a corporation or other business entity...
and organised crime committed outside of the State.
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. The CAB has a staff of 52, including Gardaí, Revenue CommissionersOffice of the Revenue Commissioners
The Office of the Revenue Commissioners , - now called simply Revenue - is the Irish Government agency responsible for customs, excise, taxation and related matters...
, (both customs and revenue officers), and civil servants from the Department of Social Protection. 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
Fachtna Murphy
Fachtna Murphy was the Commissioner of An Garda Síochána from 2007 to 2010. Prior to his appointment he was the Deputy Commissioner with responsibility for operational policing strategies in An Garda Síochána. He grew up in Timoleague, County Cork...
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.Det.Chief Superintendent Pat Byrne was appointed Chief Bureau officer on 2 October 2009.
Objective
The statutory objective of CAB is to target the proceeds of criminal activity (drug trafficking, fraudFraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
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 2005.
- 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
Minister for Finance (Ireland)
The Minister for Finance is the title held by the Irish government minister responsible for all financial and monetary matters. The office-holder controls the Department of Finance and is considered one of the most important members of the Government of Ireland.The current Minister for Finance is...
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 UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and elsewhere. It operates from Europol
Europol
Europol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....
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 26 July 2006 freezing land assets of 43 hectare (0.43 km²) at CarrickminesCarrickmines
Carrickmines is suburb of Dublin in Dun Laoghaire-Rathdown, Ireland. Traditionally a location for large expensive houses, being situated just south of Foxrock. The area is now divided north/south by the M50 motorway and its associated Junction 15...
, County Dublin
County Dublin
County Dublin is a county in Ireland. It is part of the Dublin Region and is also located in the province of Leinster. It is named after the city of Dublin which is the capital of Ireland. County Dublin was one of the first of the parts of Ireland to be shired by King John of England following the...
owned by Jackson Way Properties Ltd and preventing their sale. CAB contended that these lands had been rezoned on 16 December 1997 by Dún Laoghaire-Rathdown County Council
Dún Laoghaire-Rathdown County Council
Dún Laoghaire-Rathdown County Council is the local authority for the county of Dún Laoghaire–Rathdown in Ireland. It is one of three local authorities that comprised the former Dublin County Council before its abolition and one of four councils in the Dublin Region. It serves a population of...
from agricultural use to industrial use after Frank Dunlop
Frank Dunlop
Frank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
bribed and made corrupt
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
payments to councillors to secure their support in the rezoning vote. That vote increased the value of just 17 acres (68,796.6 m²) of the property from €8 million to €61 million. CAB has interviewed and taken statements from Frank Dunlop
Frank Dunlop
Frank Dunlop is an Irish lobbyist and former broadcast journalist with Raidió Teilifís Éireann . Originally from County Kilkenny, he is a key witness to the Mahon Tribunal which is investigating improper payments by property developers to Irish politicians and will be a key witness in pending...
and will use him as a witness against a number of property developers.Mr Frank Dunlop has given evidence of bribery and corruption at the Mahon Tribunal and has through his own evidence self confessed and convicted himself and served a prison sentence for corruption.The Cab now face the difficult task of proving their case with Mr Frank Dunlop as their sole witness as his credibility is in doubt as he offers hearsay evidence and he has previously perjured himself to the Mahon Tribunal and doctored his own appointment notebooks.
The Carrickmines lands in question have been the subject of investigation by The Mahon Tribunal
The Mahon Tribunal
The Tribunal of Inquiry Into Certain Planning Matters and Payments, commonly known as the Mahon Tribunal, is a public inquiry in Ireland established by Dáil Éireann in 1997 to investigate allegations of corrupt payments to politicians regarding political decisions...
in 2003 and 2004.
Separately, Dun Laoghaire Rathdown County Council was also at the centre of complaints by conservationists, who claimed that the rezoning of the Carrickmines lands 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
Carrickmines Castle
Carrickmines Castle is an archaeological site in Carrickmines, County Dublin, in eastern Ireland. The castle was built in the medieval period to protect the English-ruled Pale around Dublin...
.
If this case succeeds the potential money realised by CAB will be substantially more than the yield from gangland criminals since 1996 although this largely depends of the outcome of protracted legal proceedings. Other similar cases are likely to ensue involving lands investigated by The Mahon Tribunal
The Mahon Tribunal
The Tribunal of Inquiry Into Certain Planning Matters and Payments, commonly known as the Mahon Tribunal, is a public inquiry in Ireland established by Dáil Éireann in 1997 to investigate allegations of corrupt payments to politicians regarding political decisions...
.
The legality of the CAB claim to the lands subjected to a freezing order at Carrickmines Co Dublin was undermined considerably with the arrival into Ireland of one of the Directors of Jacksonway Properties Ltd., Mr Jim Kennedy, to give evidence at the unjust enrichment case at the Four Courts Dublin on 29 October 2010. This was the first civil Forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
case of its kind in the state. Ireland is one of the few countries in Europe to have enacted civil Forfeiture legislation, and despite opening the case and reducing their claim of unjust enrichment on the 17 acres of lands zoned at Carrickmines from 53 million euros downwards to 2.6 million on the first day of the hearing, CAB officers proceeded to arrest Mr Kennedy outside the court and filing criminal charges against him days later on 16 counts of Corruption. This is the first time a plaintiff has sought to arrest a defendant in the middle of a civil action. Mr Kennedy's lawyers sought to bring a motion for abuse of process against CAB. The civil action against Jackson Way properties has now been suspended until the hearing of the criminal action against Mr Kennedy, but Jackson way has managed to have 70 acres released from the freezing order sought by CAB on the grounds that it was agricultural land and should not have been subjected to the original freezing order. No consent was given by Jacksonway on the remaining lands held under freezing order and the civil action remains to be heard at a later date.
A stay on the Criminal Court proceedings due to be heard in October 2011 was granted in the Supreme Court in July 2011 and the Supreme Court will now decide on the judicial review brought by Mr Jim Kennedy as to whether there has been inordinate delay in bringing forth these proceedings in light of the fact that the alleged corruption originating in 1992 and the death of number of councillors , given the delays and the deaths of witnesses that could help his defence it is unclear whether Mr Kennedy the Director of Jacksonway properties right to a fair trial has been violated and the matter will now be decided by the Supreme Court.
In separate proceedings Jackson way has issued damages proceedings for losses in the region of 64 million euros against the Criminal Assets Bureau based on the reduction in value of the lands they froze and subsequently returned to the company.
This action in itself is unusual and will be interesting to watch in that the CAB have been given considerable powers in 1996 and further extended in 2005 and as yet never had to account for any misuse of these powers through the courts.