derivative (indirect) proceeds
and property of corruption and
money laundering were provided by Lithuania and Serbia only. Thus, confiscation of indirect proceeds of
corruption had been applied by the Decision of the Kaunas District Court in the criminal case, when a person
has given a bribe in the amount of Lithuanian Litas 700 to the customs officer for passage of contraband
cigarettes. The accused person admitted that he gained Litas 3 900 as a result of this crime, which became
the object for confiscation by the court’s decision. Serbia referred to some cases of confiscation in criminal
cases on corruption related to securities and the ownership stake in the legal entity, which were the derivate
proceeds of corruption; however, it was informed that no court decisions were available with the reference
to those cases.
Examples of confiscation of the property from the
nominal owners
were provided by
Lithuania, Georgia
,
and
Croatia
(example of Croatia is described below as part of the effective practices).
Thus, in the Lithuanian case, a person, who received money as a result of corruption crime – abuse of official
position, transferred it to the legal entity allegedly for the purchase of furniture. This money was transferred
further to another legal entity for services, which have not been provided. The person’s daughter was the
director of this legal entity. The Kaunas District Court decided, in its judgment of 9 March 2015, to confiscate
the above property from the nominal owners, since it might be the object for confiscation and it was found
that this property was acquired by the nominal owners as a result of fictitious transaction, and they have
acquired the property as a legal entity, in which the offender, his family member of his close relative was
holding the position of director, member of the governing body or the shareholder, holding more than 50%
of the interest (shares, etc.).
A criminal case in Georgia dealt with fraud and money laundering. In 2013-2014, four persons fraudulently
got into possession of USD 550 000 belonging to a person living abroad. Proceeds of fraud have been
gradually transferred to different account in the banks of Georgia, then structured and transferred to different
bank accounts abroad. Finally, some part of these funds has been transferred back to the bank accounts in
Georgia. One of the persons involved in this case has purchased a vehicle by using this money and has
registered it in the name of his friend. In July 2016, the Tbilisi Municipal Court convicted all four persons
of fraud and money laundering and sentenced them to 11 years of imprisonment and applied the confiscation
of the property, in particular, the high-priced car formally owned by the third person. The court noted in the
judgement that, despite the registration of the ownership for criminal proceeds (in this case – the vehicle)
was made in the name of third person, the defendant was the actual owner of them; therefore, they were
subject to confiscation.
Examples of
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