Criminal Assets Bureau

Dáil Éireann Debate, Tuesday - 28 July 2020

Tuesday, 28 July 2020

Ceisteanna (817, 818)

Neale Richmond

Ceist:

817. Deputy Neale Richmond asked the Minister for Justice and Equality the value of items seized by the Criminal Assets Bureau; and if she will make a statement on the matter. [19130/20]

Neale Richmond

Ceist:

818. Deputy Neale Richmond asked the Minister for Justice and Equality the way in which the proceeds and items seized by the Criminal Assets Bureau are disposed of; and if she will make a statement on the matter. [19131/20]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 817 and 818 together.

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996.  The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

The Bureau is widely regarded as a best practice model in the context of combating organised crime.  It works closely with law enforcement bodies at national and international levels and continues to relentlessly pursue the illicit proceeds of organised crime activity. The actions of the Bureau send a strong message to criminals and to local communities that profiting from crime will not be tolerated.

The Proceeds of Crime Acts 1996 - 2016 provide the legal framework underpinning the Bureau's powers to take all necessary actions, including the making of applications to the High Court, in relation to the seizing and securing of assets with a view to their disposal in due course in accordance with the provisions of that legislation.

The Deputy will be aware that all funds collected by the Criminal Assets Bureau (CAB) in the course of its activities are returned to the Exchequer for the benefit of the Central Fund, in accordance with the relevant legislation. 

The sale / disposal of all assets are dealt with on a case by case basis and in accordance with the Order(s) of the High Court.  These Orders can specify the method / type of sale required, approval and/or other stipulations as the Court views appropriate in each case. Therefore, it is not possible for the Criminal Assets Bureau to provide definitive times or locations of sales of seized items.

The method of sale is also dependent upon the assets type/category and whether that asset is being sold by a court appointed receiver or pursuant to a vesting order. When deciding the method of sale/disposal, consideration is given to the type of asset, the advices of experts (e.g. auctioneers in the case of houses, horologists in the case of watches, etc.), the source of that asset and any risk factors that may be involved or associated to or with that asset. As previously stated, the method of sale/disposal is also subject to the order of the High Court.

The options available in the sale/disposal of real property (houses/land) are;

- Direct sale to local authority/housing agency (after independent inspection, valuation and advice)

- Sale by private treaty

- Sale by public auction

The options available in the case of vehicles are;

- Sale by public auction

- Use and employment of independent broker

The options available in the case of movable assets (e.g. watches, jewellery, designer goods) are;

- Sale by public auction

- Use and employment of independent broker.

The Criminal Assets Bureau, under the provisions of the Proceeds of Crime Act 1996-2016, has frozen assets to the value of €231,918,179, GBP £21,864,840 and USD $12,935,685 under Section 2 and Section 3 for the years 1996 – 2019.

The investigations conducted by the Criminal Assets Bureau and the consequential proceedings and actions resulted in €194,518,433.05 returned to the Exchequer as a whole for the years 1996 – 2019, a breakdown of which is below:

Proceeds of Crime legislation:           €  30,519,179

Revenue legislation:                           €159,284,028

Social Welfare legislation:                  €    4,715,226

Total Returned to Exchequer:         €194,518,433