Reaching the parts other investigations cannot reach. Securing convictions for organised crime through financial investigation
| Pages | 259-266 |
| Published date | 12 July 2013 |
| DOI | https://doi.org/10.1108/JFC-03-2013-0018 |
| Date | 12 July 2013 |
| Author | Rick Brown |
| Subject Matter | Accounting & finance |
Reaching the parts other
investigations cannot reach
Securing convictions for organised crime
through financial investigation
Rick Brown
Australian Institute of Criminology, Canberra, Australia
Abstract
Purpose – This paper aims to examine 12 cases in which financial investigation was used in the UK
to secure a conviction of an organised crime group. Importantly, no conviction would have been
achieved in these cases without the use of financial investigation.
Design/methodology/approach – Qualitative interviews were undertaken with investigating
officers/financial investigators/prosecutors associated with 60 cases in which a conviction and
subsequent confiscation order were achieved. Of these 60 cases, a conviction would not have been
achieved without the use of financial investigation in 12 cases. In other cases (not examined here),
financial investigation played a supporting role for other methods of investigation to achieve a
conviction. This paper provides a reanalysis of the 12 cases concerned.
Findings – The study shows that financial investigation was often introduced at the pre-arrest stage
in an investigation, although there were still opportunities to introduce financial investigation earlier
in the case in some instances. While a range of different types of criminality were investigated, all 12
were eventually convicted of financial crime.
Research limitations/implications – The research was limited by the small number of cases
examined and by the fact that it relied on the recollections of those involved in the cases, rather than
analysis of case files. Further research should examine a wider range of cases in which a conviction
was secured solely through financial investigation.
Originality/value – This paper is the first to analyse cases in which convictions for organised crime
would not have been achieved without financial investigation.
Keywords Financial investigation, Organisedcrime, Convictions, Money laundering,Crimes
Paper type Research paper
Introduction
The Proceeds of Crime Act (2002) resulted in a significant increase in law enforcement
effort that focused on asset recovery as a tool for disrupting organised crime. Building
on earlier legislation, including the Drug Trafficking Offences Act (1986), the Criminal
Justice Act (1988) and the Proceeds of Crime Act (1995), the Proceeds of Crime Act (2002)
provided a comprehensive framework for asset recovery. This included provisions for
cash seizure and civil forfeiture, the restraint of assets, civil recovery of assets and
post-conviction confiscation orders. Over the past decade, there has been a concerted
government effort to increase the level of assets recovered. This has included additional
government funding to employ financial investigators (Her Majesty’s Inspectorate of
Constabulary, Her Majesty’s Crown Prosecution Service Inspectorate and Her Majesty’s
Magistrates Courts Service Inspectorate, 2004, p. 26), the formation of the Asset
Recovery Agency and subsequent merger into the Serious Organised Crime Agency
(House of Commons Committee of Public Accounts, 2007) the introduction of Regional
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
Journal of Financial Crime
Vol. 20 No. 3, 2013
pp. 259-266
qEmerald Group Publishing Limited
1359-0790
DOI 10.1108/JFC-03-2013-0018
Securing
convictions
259
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