Manila, Philippines – June 12, 2024 – Capstone-Intel CEO Atty. Nicasio Conti has called on Philippine law enforcement agencies to adopt advanced legal strategies used internationally for the forfeiture of properties involved in crimes such as human trafficking, drug trafficking, illegal gambling, money laundering, illegal POGO (Philippine Offshore Gaming Operations), and other cybercrimes and heinous offenses.
Atty. Conti highlighted the effectiveness of civil asset forfeiture proceedings, which target property rather than individuals. He cited successful cases from the United States, the United Kingdom, and Canada to underscore the potential benefits of these strategies for the Philippines.
“In the United States, for instance, civil asset forfeiture has been a critical tool. A notable case, United States v. One 1987 Jeep Wrangler, involved the forfeiture of a vehicle used for transporting illegal drugs. The absence of a legitimate claimant allowed the government to take possession of the vehicle seamlessly,” Atty. Conti explained.
He also mentioned the case of United States v. $124,700 in U.S. Currency, where the court ruled in favor of the government after the claimant failed to prove a legitimate source for the seized cash.
Atty. Conti pointed to the United Kingdom’s Proceeds of Crime Act 2002, which enabled the National Crime Agency to forfeit a mansion purchased with drug trafficking proceeds. “This case exemplifies how civil recovery orders can be utilized to dismantle criminal enterprises by targeting their assets,” he noted.
Additionally, Atty. Conti referenced Canadian practices, such as the forfeiture of luxury vehicles linked to drug trafficking in Ontario. “These cases demonstrate that civil forfeiture is not only effective but also adaptable across different legal systems,” he said.
Atty. Conti emphasized that adopting these strategies could significantly enhance the capacity of Philippine law enforcement agencies to disrupt and deter criminal activities. “By focusing on the forfeiture of assets used in or derived from criminal conduct, we can hit criminals where it hurts the most – their finances. This approach not only removes the tools of the trade from offenders but also deprives them of the profits of their illicit activities,” he asserted.
He further stressed the importance of targeting illegal POGO operations and other cybercrimes. “The rise of illegal POGO operations and cybercrimes presents new challenges for law enforcement. Implementing advanced forfeiture strategies can be a powerful deterrent against these modern threats,” Atty. Conti added.
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