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US Dept
Of Justice
Dept Of Asset Forfeiture. US Attorney's Office
Washington DC.
Avenue for Freezing Assets in the United States of Corrupt Foreign
Officials: A Primer for Activists
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Avenue for Freezing Assets in the United
States of Corrupt Foreign Officials: A Primer for Activists
by US Dept Of Justice
The United States
government has established the Department of Asset Forfeiture through
the U.S. Attorney's Office. Using the Patriot Act and other United
States Criminal Forfeiture statutes, this office is designed to seize
assets accumulated through criminal acts that either put the safety
and lives of a population at risk, or act unethically in government or
business. These acts include, but are not limited to: terrorism or
supporting terrorist acts, narcotics trafficking, corruption (such as
theft, extortion, fraud, and money laundering), and violence.
While it may be difficult to press direct charges against
international criminals, the U.S. Government is capable of seizing any
assets used instrumentally in the crime itself. The U.S. definition
of an "asset used instrumentally in a crime" is purposefully left
flexible, but some examples might include: businesses through which
money is laundered, assets acquired internationally in order to hide
stolen funds, property in which narcotics are held or distributed,
automobiles or other modes of transportation used directly to traffic
narcotics, as well as scales or other items used directly to assist in
the crime. They are also capable of seizing assets that were the
result of criminal acts such as homes, automobiles, or other
valuables.
This office stresses the individuality of each case and the
specificity of any investigation towards these criminal acts. It is
therefore difficult to provide a set of guidelines in response to the
recognition of these crimes. However, it is possible to alert this
office to any specific acts worthy of investigation towards asset
forfeiture and to hand the investigation, charges, and the search for
punitive measures over to them. However, since an investigation takes
time and resources, it is therefore necessary to convince this office
of the existence of a crime through evidence and proof.
The department acknowledges that the greatest difficulty lies in the
burden of proof provided. While it is possible to hand a case over
for investigation through the U.S. Attorney's Office, it is necessary
to convince them that a criminal act has taken place and that it is
worthy of an investigation.
Obviously, the more evidence to be brought to their attention, the
more convincing one can be to ask them to begin an investigation. Yet
this office, once engaged, can offer unique capabilities in acquiring
information that would be extremely difficult for any group to
produce. This includes obtaining bank records and property purchase
agreements that may be difficult for a human rights or anti-corruption
group to find.
The most important point is to gather as much pertinent and relevant
information and evidence in order to convince the Department of Asset
Forfeiture that a crime has been committed and an investigation must
take place. Once the office has taken over the investigation, all
possible attempts to seize any assets acquired through criminal acts
will be taken. They will then make any and all efforts to return
moneys or property directly stolen from any individuals or groups.
The most important evidence to focus your efforts on, as well as
possibly the most difficult to find, lie in the origin of the funds.
If a group can prove where laundered or stolen money came from, it is
that much more possible to begin an investigation, freeze assets, and
return money to the victims of the crime.
Once all resources for proof and evidence have been exhausted, it is
then possible to present said evidence to this office. Evidence and a
request for further investigation may be presented directly to the
Department of Asset Forfeiture in the U.S. Attorney's Office through
Dan Claman at (202) 514-6340 or
daniel.claman@usdoj.gov.
The Department of Asset Forfeiture acknowledges that in certain cases,
it may also be possible for a specific injured party to bring a
private suit against a particular criminal and can handle the
investigation and suit themselves. [back
to Top News]
The above information was
researched and transmitted by Mr. Madaki O. Ameh,
currently a
Chevening Scholar at the Centre for Energy, Petroleum and Mineral Law
and Policy, University of Dundee, Scotland, U.K. |
"Once
all resources for proof and evidence have been exhausted, it is then
possible to present said evidence to this office. Evidence and a
request for further investigation may be presented directly to the
Department of Asset Forfeiture in the U.S. Attorney's Office through
Dan Claman at (202) 514-6340
see email at the end of this piece "
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