Assets and Financial Investigations
Introduction
Drug trafficking generates enormous proceeds of crime, these proceeds are laundered by various means including alternative remittance system. Depriving the smugglers from these proceeds of drugs is major blow to their criminal activities.
Aim
The aim of Assets Investigation (AI) Dte is to pursue the assets of the drug traffickers, financiers and beneficiaries, derived through narcotics crimes and to deprive them of the same. Further the aim of AI Dte is also to streamline the Assets and Financial Investigations conducted by the RDs in order to get the illicit assets/money forfeited and realized in favour of Federal Government.
Role
Following are the role and functions of Assets Investigation Dte:-
- To assist/advise Director General Anti Narcotics Force on evolving policy concerning tracing, freezing, prosecution, forfeiture and realization of drug assets.
- To keep Director General Anti Narcotics Force informed on progress of assets and financial investigation cases under investigation and under trial/ appeal.
- To suggest ways to enhance skills / capacity building of Anti Narcotics Force staff in the field of Assets/Financial Investigations.
- To guide Regional Directorates/Field units on assets inquiries / investigations.
- To coordinate with other Law Enforcement Agencies and departments concerned, supervision/monitoring of cases, implementation of laws/rules by the Regional Directorates in connection with investigation and prosecution of assets cases under Control of Narcotics Substances Act, 1997 and Anti Narcotics Force Act, 1997 and other relevant laws.
- To monitor progress of assets cases at the investigation/prosecution stage through receipt of regular progress reports from the concerned RDs.
- To conduct inspections of the AI Branches of the RDs to assess the progress of the disposal of their assets cases.
- To deliver lectures on different topics of Assets Investigation & Money Laundering to the participants at ANF Academy and other forums.
- Any other specific assignment given by the Director General in furtherance of departmental objectives.
- To represent ANF on different forums i.e NACTA, FMU, MOL, Ministry of Finance regarding FATF (Financial Action Task Force), issues.
- To coordinate with ANF Academy on training matters upon Money Laundering and Terrorist Financing.
- To coordinate with foreign entities alongwith International Cooperation Dte on training matters pertaining to Anti Money Laundering investigations.
- To monitor inquiries / investigations on the basis of Financial Intelligence received from FMU and foreign Mutual Legal Assistance Requests.
Laws
Assets & Financials Investigations is conducted under relevant sections / provisions provided by the following laws:-
- Control of Narcotics Substance Act, 1997
- Anti Narcotics Force Act, 1997
- Criminal Procedure Court 1898
- Anti Money Laundering Act, 2010
- Prevention of Smuggling Act, 1977
Types of Cases
Domestic
- Cases filed u/s 37, 19, 39 CNS Act, 1997 (on the basis of conviction exceeding 3 x years).
- Case u/s 12, 13 CNS Act, 1997 (Exclusive cases based on laundered assets in connection with drug trafficking).
- U/S 31 of Prevention of Smuggling Act, 1977 (Civil forfeiture cases, no conviction involved).
- U/S 3/4 of AML Act 2010 (against laundered assets in connection with predicate offence of drug trafficking).
Foreign
- Foreign Conviction u/s 40 CNS Act, 1997 (Case for forfeiture of assets is filed on the basis of foreign conviction after fulfilling legal requirement).
Stages
Assets of the convicts in narcotics cases are confiscated in favour of Federal Government through following stages usually:-
- Tracing: Finding out the true sources, disposition, movement or ownership of assets and includes determining the movement or conversion of assets by any means.
- Freezing: Prohibiting by an order made by the Special Court or an officer authorized under CNS Act 1997 the transfer, conversion, disposal or movement of any assets and includes the holding, controlling, assuming custody or managing any assets in pursuance of such order and, in the case of assets which are perishable the disposal thereof.
- Forfeiture: Forfeiting of asset /property in favour of Federal Government.
- Realization: On finalization of forfeiture of assets and execution petition, the assets are realized in favour of Federal Government.
Important Definitions
- Money Laundering: Money laundering is the name given to the process by which illegally obtained funds are given appearance of having been legitimately obtained.
- Assets: It means any property owned, controlled or belonging to an accused, whether directly or indirectly, or in the name of his spouse or relatives or associates whether within or without Pakistan for which they cannot reasonably account.
- Associate: In relation to an accused, any individual who is, or has at the relevant time been ordinarily residing in the residential premises, including out- houses and servant-quarters of an accused. Any individual who, is or has at the relevant time been managing the affairs of keeping the accounts of an accused.
