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Ill-gotten cash and bling could be seized

Suspected criminals could soon lose their prized possessions under new laws to be introduced by Government.File photo.

Drug dealers and gun-runners who live the high life could have their glitzy possessions confiscated under new Government proposals.National Security Minister Wayne Perinchief wants suspected criminals to lose their cars, boats and bling even when there's not enough evidence to prosecute them.His proposed amendments to the Proceeds of Crime Act would allow civil action against the alleged crooks where lawyers can prove “on the balance of probabilities” that such possessions result from a criminal lifestyle.That standard of proof is lower than the criminal standard of “beyond reasonable doubt,” and the onus would be on the accused to prove the goods are not ill-gotten gains. They could even be forced to hand over cash.The Minister told The Royal Gazette: “In many cases, people who are fuelling or financing criminal activity may not actually ever touch or deal with drugs or contraband. They just finance it.”He admitted there will “of course” be civil liberties concerns over the proposals but said there will be a right of appeal.Previously, prosecutors could only seek to confiscate assets from criminals once they'd been convicted of a criminal offence.Mr Perinchief said of his plans: “Persons won't have to be convicted of an offence. That's one of the salient points. Where they can be described as having a criminal lifestyle, that's the part that will be proven in a civil court on the balance of probabilities. They will have to rebut the assertion that they got it [the assets] from other than lawful means.”Prosecutors will be able to delve back six years when it comes to the acquisition of assets such as cars and boats. The legislation is modelled on laws in Canada, the United States and United Kingdom.Mr Perinchief announced the proposals in the House of Assembly yesterday, telling fellow MPs the community demands “action and innovation in this fight against crime”.He added: “Intelligence analysis indicates that when cash flow is disrupted, gang activity is lessened. When it becomes apparent to defendants and others that the criminal justice system will not stop at sentencing but will ensure that crime genuinely does not pay, this will act as a deterrent.”The items seized or forfeited will be deposited into the Criminal Assets Fund.Mr Perinchief explained: “From this fund, the same money that could cause harm can be used for good. The act permits payments from the fund for purposes related to law enforcement, costs associated with the treatment and rehabilitation of drug addicts and the training of officials in the effective implementation of the provisions of the act.”He said of the proposals: “My hope is the House will debate them in early course”.The idea won the backing of the opposition United Bermuda Party, with leader Kim Swan telling The Royal Gazette: “We understand the reasoning for the Minister to introduce legislation to strengthen the Proceeds of Crime legislation and make it more relevant to the serious issues facing our society today.“The facts are that with increased gang activity and a thriving drug trade, the Bermuda culture as we know it has been infested with criminal activity which causes the circulation of dirty money.“The announcement of this proposed legislation sends an early message that this behaviour is acknowledged and that there will be consequences.”

Ill-gotten gains netted in Bermuda

Proposed new legislation could see suspected criminals forced to hand over their ill-gotten gains, even if they've not been charged with a crime.

The move would amend the Proceeds of Crime Act 1997 to allow civil court proceedings. The act already allows prosecutors to net the assets of crooks who've been convicted in the criminal courts. The money raised goes toward funding crime-prevention work.

High-profile Proceeds of Crime cases handled by Bermuda's criminal courts in recent years include:

l Roger Cox, convicted of laundering money from underground gambling dens, agreed last month to forfeit $1.47 million in assets including cash and jewellery.

l Convicted cannabis trafficker Justin Guy DeSilva was ordered to hand over almost $70,000 in profits from his criminal enterprise in 2008. The order represented the value of items he owned including a truck, boat, large television and watch although he did not have to forfeit the items themselves.

l Convicted cocaine and cannabis trafficker Allan Daniels was ordered to hand over $62,357 from his crimes, including his BMW car, Rolex watch and large amounts of cash in 2008.

l Former powerboat champion and convicted cannabis trafficker Kirk Roberts was ordered to give up almost $1 million in 2006. The amount represented his 50 percent share in a house and land in Sandys deemed to be the spoils of his criminal activity.