Issue link: https://maltatoday.uberflip.com/i/1276949
Significantly, the law will place the burden of proof on the individual to show that the asset was acquired legitimately 7 maltatoday | SUNDAY • 9 AUGUST 2020 NEWS CONTINUED FROM PAGE 1 Significantly, the law will place the burden of proof on the indi- vidual to show that the asset was acquired legitimately. Given the civil nature of pro- ceedings, the court will determine the outcome on the balance of probability, unlike criminal ac- tion where the court has to be convinced beyond reasonable doubt of the individual's guilt. Zammit Lewis presented the First Reading of the Proceeds of Crime Bill last week and the le- gal text was published on Friday evening. In comments to MaltaToday, the minister said the proposed legisla- tion will be a breakthrough in the fight against organised crime and money laundering. The law will also make it possible for the bureau to institute court proceedings against an asset, when its owner cannot be traced or is abroad. "This is a principle derived from maritime law where it is possible to institute a case against the ship. In this case, the ARB may have reasonable suspicion that a par- ticular asset is a proceed of crime but its owner cannot be traced or is abroad, and so it will be empow- ered to act against the asset itself," Zammit Lewis said. But the most crucial aspect of the proposed legislation is the ability of the ARB to act without the need of a criminal conviction. Legislation so far, allows the ARB to seize and preserve an asset when a criminal case is instituted. However, the confiscation can on- ly be complete once all criminal proceedings are over. Under the proposed law, the ARB will retain its current func- tion but will also be able to insti- tute civil proceedings to confiscate assets on the basis of reasonable suspicion. Similar legislation is found in Italy, the UK and US. An EU di- rective from 2014 also allows for the seizure and confiscation of property without a criminal con- viction. Zammit Lewis said the ARB's enhanced powers will be used to target organised crime, terrorism, money laundering, human traf- ficking, illegal arms dealing and crimes punishable by a prison sentence of 10 years and more. It will also be used in cases involving individuals hit by UN sanctions. The Bill proposes giving the ARB the power to issue a monitoring order, an investigation order and finally a freezing order. A special- ised civil court will be created to deal with asset recovery to ensure expediency. "Until today, confiscation of as- sets ordered by the court can only take place after a criminal convic- tion. The proposed regime allows assets to be confiscated for serious crimes where it may be very dif- ficult, if not outright impossible to proceed criminally," Zammit Lewis said. The move comes as Malta faces a crucial test in a couple of months' time when Moneyval, a Council of Europe body, gives its verdict on the country's ability to act against financial crime. The minister said the ARB's re- sources will be beefed up to en- sure efficiency in confiscating and preserving property derived from crime. "This is a clear commitment on the part of the government to seri- ously fight organised crime, mon- ey laundering and serious cross border crime… This is a break- through law introducing new con- cepts within our legal system, such as non-conviction based confisca- tion and civil actions against ob- jects that are proceeds of crime. I am confident that this will help our jurisdiction pass the Money- val test," Zammit Lewis said. The Bill is expected to be put on parliament's agenda when it re- convenes in October. Confiscating luxury that dirty money can buy POST OF LAWYER WITH THE OFFICE OF THE ATTORNEY GENERAL The Office of the Attorney General Agency is inviting applications for Lawyer to carry out prosecution and related duties. The selected candidates will be employed on a full-time indefinite term basis, subject to a probation period, and will be required to work for a minimum of forty hours per week. Applicants must be in possession of a warrant to practice the profession of Advocate and, must also have at least one year experience in the practice of the profession covered by a warrant. Letters of application, including a detailed CV, should be addressed to: The Administration Jobplus Vacancy Nos 357954, Permit Nos. 52/2020 Office of the Attorney General, No. 53, Admiralty House, South Street, Valletta VLT 1101 or emailed to ag@attorneygeneral.mt and should be submitted by not later than Friday 21st August 2020 at 13.00 hrs. Edward Zammit Lewis: proposed legislation will be a breakthrough in the fight against organised crime and money laundering