Asset Recovery: The Irish Approach towards Criminality
The paper discusses the emergence and structure of the Criminal Assets Bureau (CAB) in Ireland, highlighting the shift in approach towards dealing with criminal activities and the focus on targeting the proceeds of crime. It explores the operational positions and approaches adopted by CAB, emphasizing the use of asset profilers and civil powers to neutralize threats. The CAB's objective is to identify, deprive, and deny suspected individuals involved in criminal activities and their associates of the benefits derived from such activities. The CAB's evolution reflects an actuarial approach to combat criminal wrongdoing through a multi-agency and statutory remit framework.
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Asset Recovery. The Irish Approach Dr. PJ Ryan, Limerick Institute of Technology, Limerick, Ireland. www.lit.ie
Structure of Paper Background and Context. Emergence of a new Body Criminal Assets Bureau (CAB). Structure of CAB. Approach. Results and the future.
Background and Context to change in approach to criminality in Ireland. Pre 1996 Ongoing concern of how to deal with kingpins and overlords of crime. Police, prosecution, punishment model ineffective 1996 Tipping points. New body, new structures , supporting legislation. Forfeiture Revenue Social Welfare Using existing powers in a multi-agency approach. Not a prosecuting agency uses civil powers.
Summary objective of CAB use all the available remedies and sanctions at its disposal in identifying, depriving and denying persons suspected of criminal activity and their associates of the benefit of that activity (Criminal Assets Bureau (2001) Criminal Assets Bureau Annual Report 2000, Stationary Office: Dublin at 6) Ie focus on the proceeds of crime.
Operating Position Originally the bureau is not [my emphasis] primarily engaged in the investigation of criminal offences. (Criminal Assets Bureau (2014) Criminal Assets Bureau Annual Report 2013, (Dublin: Stationary Office) at vii.) Current the Bureau has become involved in the investigation of criminal offence [my emphasis]. In all cases involving alleged criminal law breached, the Bureau's role is carefully managed having regard to the primary functions of the Garda S och na and in some instances, the Revenue Commissioners in ensuring that the appropriate remedies are pursued in respect of criminal conduct (Criminal Assets Bureau (2015) Criminal Assets Bureau Annual Report 2014 (Dublin: Stationary Office) at vii.) Reflection of operational approach rather than policy shift.
Operating Approach. Makes extensive use of trained divisional asset profilers to amass knowledge. Actual based approach targeting the proceeds of crime (as opposed to the criminal actor) with the aim of threat neutralisation. Number of profilers increasing. CAB now also focusing on lower level criminality. Number of targets increasing but lower level financial returns. Statutory remit.
Concluding Thoughts. An actuarial approach to criminal wrongdoing employing civil, administrative and regulatory mechanisms to alter the criminogenic networks that exist around the individual. A criminological tool of disruption and discontinuity that operates against the financial base of crime as opposed to the criminal actor.
