Purpose -Politicians justified the introduction of the illiberal and liberal parts of the UK's anti-money laundering and asset recovery regime by reference to the extra-ordinary threat posed by organised crime. This paper attempts to evaluate the extent to which the financial measures contained in the Proceeds of Crime Act (POCA) 2002 and the Serious and Organised Crime and Policing Act 2005 are actually used against this threat. Design/methodology/approach -The objective is achieved by reference to four distinct datasets found on the use of these measures. The first consists of the regular, usually monthly, bulletins on the Proceeds of Crime produced by the Assets Recovery Agency (ARA). The second -which reveals the length of sentences given to those convicted of money laundering offences under the POCA -was gathered from the Financial Action Task Force, the Home Office and Justice Office in Scotland. The third consists of the value of the cases which had been, and which were being, dealt with by the ARA at the time the National Audit Office produced it's report on the institution. The fourth is the number of financial reporting orders which have been imposed upon criminals, follows the discovery of an earlier version whilst examining parliamentary records. Findings -The triangulated results suggest that the POCA powers -originally used by use against organised crime -were used against this alleged threat only on a small minority and number of occasions.Research limitations/implications -This infrequent use raises major questions of either the ability of the policing agencies including the Serious and Organised Crime Agency to take on organised crime and/or the credibility of those who exaggerated a threat of organised crime to justify the (often illiberal) powers. Originality/value -This paper questions whether the POCA will achieve one of its original aims. It will interest politicians and practitioners concerned with the combating of organised crime and/or anti-money laundering and asset recovery as well as criminologists and those interested in civil liberties.
A critique of the official discourse on drug and sex trafficking by organised crime using data on asset recovery Peter Sproat
Article information:To cite this document: Peter Sproat, (2012),"A critique of the official discourse on drug and sex trafficking by organised crime using data on asset recovery"Abstract Purpose -The article aims to describe the role of asset recovery in combating drug and people trafficking within the UK and the different means by which the proceeds of crime can be taken away from such organised criminals. Design/methodology/approach -The author uses official data on asset recovery to critically analyse both the policing of drug trafficking in the UK and the official discourse on the extent, value and costs to the country of the trafficking of women for sex by organised crime. Findings -The article raises important questions about the credibility of the official estimates of the scale of drug trafficking by organised crime and/or the management and funding of those tasked with policing it within the UK. Originality/value -The work provides either a more accurate guide on the extent, value and costs to the country of the trafficking of women for sex or a much needed antithesis to the official discourse on the topic.
PurposeThe purpose of this paper is to identify the extent to which the “new policing of assets” has produced new assets for policing in the UK.Design/methodology/approachThis is achieved by producing an estimate of both the financial benefits and costs to the public purse based upon official documentation where possible.FindingsAsset recovery and anti‐money laundering work has produced some assets to be used for policing, but even using a conservative methodology it is unlikely to have produced a financial benefit which is much more than its costs, indeed the costs are likely to have been greater.Research limitations/implicationsMany parts of the cost are estimates; therefore, researchers are encouraged to ascertain the exact costs.Practical implicationsOf interest to those interested in the costs of government policies and regulations, especially the regulated sector burdened by the costs of complying with the money laundering legislation.Originality/valueThe paper attempts to fulfill the government's desire to improve the quality of the cost‐benefit analyses of the money laundering regime.
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