In a decisive move to clamp down on illicit activities and reclaim the proceeds of crime, Brunei Darussalam has been effectively utilising the Criminal Asset Recovery Order (CARO) 2012.
The legal framework serves as a formidable weapon in the nation’s arsenal against criminal enterprises, ensuring that crime does not pay.
CARO was established with the intent to strip criminals of their ill-gotten gains, thereby disrupting the financial foundations of illegal activities such as drug trafficking, corruption and money laundering.
The order empowers authorities to seize and forfeit assets derived from or used in criminal activities, even in the absence of a conviction, through a process known as non-conviction-based forfeiture.
MECHANISMS OF CARO
The order operates on several key principles:
Non-conviction-based forfeiture
This allows for the seizure of assets without the need for a criminal conviction, provided there is clear evidence linking the assets to criminal activities.
This is particularly crucial in cases where prosecuting the individuals involved may be challenging, but the illegal origins of their assets are evident.
Tainted property
Under CARO, any property deemed to be “tainted” – that is, obtained through or used in the commission of crime – can be confiscated.
This includes physical assets such as vehicles and real estate, as well as financial assets like bank accounts and cash.
Criminal assets confiscation fund
Seized assets are transferred to this fund, which is used to support law enforcement efforts and community initiatives aimed at preventing crime.
HIGH-PROFILE APPLICATIONS OF CARO
One of the most recent applications of CARO was the case involving an arrest in January 2022 on suspicions of drug trafficking.
The Narcotics Control Bureau seized a range of assets including two vehicles, two boats with its engines, money in a local bank and cash in hand.
Despite not contesting the forfeiture, the individual’s admission of his involvement in drug trafficking and the lack of legitimate income to justify his assets facilitated the High Court’s decision to declare these properties tainted and order their forfeiture to the government.
CHALLENGES AND CONSIDERATIONS
Despite their effectiveness, criminal asset recovery orders face several challenges:
Legal hurdles
Establishing the link between assets and criminal activities can be legally complex and time-consuming, often requiring extensive cross-border investigations.
Due process concerns
Ensuring that asset recovery processes respect due process and the rights of individuals is crucial to maintaining the legitimacy and fairness of the system.
IMPACT AND SIGNIFICANCE
The use of CARO not only ensures criminals are deprived of their resources but also acts as a deterrent, signalling to potential offenders the Sultanate is unwavering in its resolve to combat crime.
By removing the financial incentives for criminal behaviour, CARO helps undermine the operations of criminal networks and reinforces the rule of law.
FUTURE PROSPECTS
With the growing complexity of financial crimes and the advent of digital currencies, Brunei is continually enhancing its legal and technological capabilities to stay ahead of criminals.
CARO remains a central component of this strategy, ensuring that justice extends beyond convictions to dismantling the economic underpinnings of crime.
Ultimately, the Criminal Asset Recovery Order 2012, stands as a testament to Brunei Darussalam’s commitment to a crime-free society.
By reclaiming the proceeds of crime and reinvesting them into community and enforcement initiatives, CARO not only punishes wrongdoers but also strengthens the nation’s overall security and integrity. – Rizal Faisal
