Perinchief: Toughened Asset Forfeiture Law
Telling the House of Assembly Bermudians were demanding “action and innovation” in the island’s ongoing war against crime and drugs, the National Security Minister on Friday [May 20] proposed amendments to the Proceeds of Crime Act which could allow for the forfeiture of ill-gotten assets without conviction.
Minister Wayne Perinchief first publicly floated the concept at the Town Hall meeting on crime on May 5th.
The Minister said the proposed legislation would mirror toughened laws now on the books in the UK, US and Canada,
Mr. Perinchief told the “Bermuda Sun” last week beefed-up legislation is necessary because the kingpins of Bermuda’s drugs trade distance themselves from selling narcotics and focus instead on laundering the profits.
He added: “Most of these people are careful enough to physically stay away from drug dealing and deal with the financing.
“That means they are insulated from prosecution because police and prosecutors cannot make the link between them and drug dealing.
“They are maybe two or three levels removed and launder the money, or even have others do it, as we have seen recently.”
Mr Perinchief’s plans include seizing assets derived from crime through the civil courts without the need for a criminal conviction — meaning the “Mr. Bigs” of Bermuda’s underground economy could lose their illegally earned gains without ever facing criminal charges.
Shadow Minister of National Security Michael Dunkely said, “It is our belief that there will be broad support for the concept as we are all very aware that we have serious challenges to face with the use and abuse of drugs and the recent drastic increase in gun violence. We must do all we can to stop the rot.”
“This is an interesting concept and obviously the devil will be in the detail. It is difficult to give a anything other than a general comment at this time as we have not seen the actual amendments and as my colleagues who are lawyers remind me from time to time, legislative drafters are not perfect and the actual wording sometimes does not reflect what is intended.”
The One Bermuda Alliance Senate Leader said legislation similar to what the Minister proposed in his statement last Friday is in effect in other jurisdictions so there is ample precedent for Bermuda to review and make sure we get it right.
“Clearly it is possible there will be all sorts of constitutional issues arising and we must make sure the right balance is struck between protecting the community and one’s individual rights,” he said.
Mr. Dunkley said in this instance he thought it would be “prudent” for the Minister, after his Cabinet colleagues have agreed to the draft legislation, to allow the OBA and other interested parties such as the Bermuda Bar Association the opportunity to review the proposals.
“With legislation such as this, as we saw with the Bail Amendment Act, we have the expertise and knowledge that can be helpful as we try to work through what can be a very important piece of legislation to ensure we get it right and do so in a timely fashion, he said.
Mr. Dunkley added: “The Minister has made a number of statements about proposed legislation to help deal with the challenges we face with gun violence and associated law breaking activities. We support the Minister with these efforts but we must act swiftly to have these statements transformed into something more substantive.”
How you gunna take guyz’s stuff just cuz u THINK guyz are drug dealers?
I mean FLEP dun, just cuz guyz have MASSIVE flatscreens, BMWs and 40000 dollar chains rond der necks, all from workin at Mr. Chicken, DOESNT MEAN THAT GUYZ ARE DRUG DEALERS. WAKE UP PPL, MAYBE THERE JUST RLY GOOD AT SAVIN MONEY.
My cousin Cransqueesha wuz sayin dat dis is is de first step on de way to fascism, which I lerned about up de college. First dey take yuh car, den ya house, den ya dog, den YA FREEDOM. B4 u know it, deres police up in ya house tellin u what kind of cereal 2 eat for breakfast, and ya just like “Ok cool, Oat Bran is safe”, WITHOUT REALIZIN THAT YOU HAVE NO LONGER HAVE ANY SAY IN THE MATTER…IT WILL SEEM NORMAL JUST BCUZ IT HAPPND OVER A LONG PERIOD OF TIME.
Dis hurr is social engineering at its worst, and it pains me 2 c my beautiful country takin guyz’s stuff just cuz BABYLON needs a chunk of change…DON’T TAKE MY TRAMPOLINE JUST CUZ GOVERMENT MESSED UP DE BUDGET, DUN.
these lot cant even keep there own houses clean and wana try clean up a country.
jokers,,
thank you for removing the other two comments i made, i went over board jus now, ,,, i get sooo angry at these people in charge
This country is a joke.AWar on drugs is the best answer they came up with.
AS LONG AS THERE IS A DEMAND FOR A PRODUCT SOMEONE WILL BE THERE TO PROVIDE THE PRODUCT. IF ITS HARDER TO SELL THE DRUGS THE DRUGS WILL COST MORE MAKING THE DEALERS RICHER. IT WILL ALSO MAKE SMARTER CRIMINALS.
If you want to stop violence stop people from drinking alcohol.
Police and government dont care..They will probably have first bidding rights on those possesions reposessed.
“In this white mans world, Im similiar to a squirrel, lookin for a slut with a nice but to get nut”
HOw many more liberties do we have to loose?
even if ya not guilty they can take your things?
people fought for freedoms an rights we have now, and the plp is just taking everything away.