THE NIGERIA POLICE PAPER ON INTELLIGENT INVESTIGATIONS AND DISRUPTION OF CRIME BY AIG TUNDE OGUNSAKIN AT THE 32ND INTERNATIONAL SYMPOSIUM ON ECONOMIC CRIME AT THE JESUS COLLEGE, UNIVERSITY OF CAMBRIDGE SEPTEMBER 5, 2014
Practically speaking, intelligence investigation is a clandestine and professional method, strategy or measure adopted by a security operative or an investigator to extract information on EVIDENTIAL RELEVANCE which may be used to establish the commission of a crime or prove an intention to commit crime.
Intelligent investigation is a useful technique in detecting organized crimes. It is also used in the investigation of subversive activities and systematic economic and financial crimes and most successfully used when there is prior knowledge that certain persons are engaged in criminal activities but proof that can only be used in their arrest and prosecution is lacking.
Disruption of Crime
Being disruptive is a strategy of intervention,- disruption of crime is essentially based on the idea that law enforcement agencies or investigators engage in actions that make it difficult for individuals participating in a criminal network or financial crimes network to continue with their illegal activities the rationale is to shortchange the formal administration of justice system based upon investigation and prosecution with a strategy of preventing or bursting the committing of crime.
Three Truths about Economic Crime.
*A small economic crime will grow into a big one.
Planning the Investigation & Creating an Effective Recovery Programme
*Dealing with suspicions/petitions/information
*The covert approach
*The overt approach
*Alternative approaches to investigation
*Managing the investigation
*Creating an effective recovery programme
*Fraud is not a genetic disease or crime.
*Opportunity is not created by a single regulatory or control weakness. Effective Investigation: The First 24 Hours
*How the problem was first identified?
*Who knows about it?
*What has been done so far?
*Is this a major immediate risk?
*Credibility of source
*Internal vs. External
*Unfounded or malicious allegations
Setting up Investigation
*Clear overall objectives
*Someone to ‘own’ the investigation
*Right mix of skills for the job
*Secure documents and other evidence
*Consider the need for prompt legal advice
*Record rationale for decisions taken
*Publicize at the initial stagEvaluating
*Treat all suspicions seriously
*Assume the worst
*Don’t rush into action
*Don’t alert suspects
*Proof of facts (onus of proof)
2.Large Scale Investigations & International Collaboration
1.Case assessment approach
*What do we need to prove?
*How do we need to prove it?
*Case study example…
2.Large Scale Investigations & International
Gathering of Evidence
*Establish legal elements of offence
*Relevance & admissibility of evidence
*Charting of evidence & chain of custody
The Covert Approach
1.Monitoring suspects and assets
2.The human rights act
*UN convention on human rights
*Regional/continental legal provisions i.e. African charter on human rights, EU charter on human rights
*Relevant constitutional provisions in the jurisdiction/country of investigation
*Issues with the use of entrapment/agent provocateur
Gathering and Using Information
*Right to search
THE ROLE OF FINANCIAL INTELLIGENCE UNITS
the financial intelligence unit is an important element in the anti-money laundering regime, particularly in the early, pre-investigative intelligence gathering stage where the financial intelligence unit acts as an interface between the private sector and law enforcement agencies, assisting with the flow of relevant information. It is important to mention that article 14, paragraph 1 (a) of the UN convention against corruption (UNCAC) calls on state parties to establish a financial intelligence unit as a ‘’national centre for the collection, analysis and dissemination of information regarding possible money laundering’’.
Fighting cross border economic and financial crimes require close and timely international cooperation through intelligence sharing.
Financial intelligence unit can bring added values to this process from the advantages of existing and well-established information exchange mechanisms developed to confront perpetrators of economic and financial crimes.
THE NIGERIAN FINANCIAL INTELLIGENCE UNIT (NFIU)
The Nigerian Financial Intelligence Unit (NFIU) is the Nigerian arm of the global financial intelligence unit (FIU) and is domiciled within the economic and financial crimes commission (EFCC) as an autonomous unit.
The setting up of the NFIU is part of the efforts of the federal government of Nigeria in combating money laundering as well as the financing of terrorist activities in Nigeria and is a precondition for the removal of Nigeria from the financial action task force (FATF) list of non-cooperation countries and territories (NCCTS).
Some functions of the Nigerian Financial Intelligence Unit (NFIU) include: Receiving and collecting Currency Transactions Report (CTRS) and Suspicious Transactions Report (STRS) and other information relevant to the money laundering and terrorist financing activities from financial institutions and designated non-financial institutions, and Receiving and collecting Currency Transactions Report (CTRS) and Suspicious Transactions Report (STRS) and other information relevant to the money laundering and terrorist financing activities from financial institutions and designated non-financial institutions, and To maintain a comprehensive financial intelligence database for information collection and exchange with counterpart FIUs and law enforcement agencies around the world.
EFFECTIVENESS OF INTERNATIONAL INTELLIGENCE SHARING
intelligence is like a commodity that states share for reasons of mutual interest or to extract things such as foreign aid and security assurances. I will move to outline some advantages of international intelligence sharing as modified from Rosenbach and Peritz (2009). The advantages are considered in clusters:
Ease of Direct Action:
When nations collaborate and share intelligence, fleeing criminals are easily brought to book as law enforcement agencies in one country see its contemporaries in another country as colleagues and partners. This was evident in Nigeria’s successes with the EFCC in cases such as the James Ohanefefe Ibori where the Britons cooperated and performed excellently with the Nigerian Law Enforcement Officers.
Intelligence divulged by a security agency closer to information on a particular crime or criminal is priceless and gives an insight which is key for taking the right action. When the Malaysian flight MH17 was shot down last month, the Ukrainian interception of Pro-Russian rebel radio conversation was extremely helpful to the world in understanding the true picture. A lot would likely have remained a mystery had the information not been shared with the rest of the world.
Access and speed of prosecution:
When home nations avail foreign law enforcers the opportunity to conduct investigations within their borders, they serve as inside sources thereby making the process faster than it would normally be. In august 2013, I led the special fraud unit in Nigeria to assist the Chinese government in speedily recovering about 644,171 USD from a fraudster who fled china for Nigeria after his crime. The recovery was made possible by our sincere cooperation.
NIGERIA – CHINA RELATIONS EXTENDED TO INTELIGENCE SHARING THAT RECOUPED 644,171USD FOR CHINA IN AUGUST 2 EXCHANGING INFORMATION: DOMESTICALLY AND INTERNATIONALLY
through the receipt of suspicious transaction reports and other information, the financial intelligence unit is a repository of vital information that could prove critical in assisting law enforcement agencies in initiating and enhancing economic and financial crimes investigation.
The financial intelligence unit can also aid in assisting investigators trace the proceeds of economic and financial crimes. Information received from reporting entities can be further enhanced where the financial intelligence unit has the possibility to access databases, whether held by reporting entities or government agencies to undertake its core functions, notably the operational analysis of suspicious transaction reports and related data.
As such, it is imperative to ensure that intelligence can flow internationally. The FIU-FIU information exchange can be better developed if the egmount principles of information exchange are applied, thus, it is of utmost importance that sensitive or confidential information is not improperly disclosed or disseminated.
in conclusion, it is seen that crime is a global phenomenon etched in antiquity and crime in one nation affects other nations both directly and indirectly; technology has made the spread of crime a lot easier; the best option to bursting crime is through intelligence sharing and intelligence investigation.
I shall close by lifting the position encapsulated in the Africa report 2014 on Nigeria. To international partners, continue to build bi and multinational security ties and networks in the region and also share and exchange intelligence information on a more regular basis.
Tunde Ogunsakin, AIG.