Confiscation largest ever awarded in Bermuda court
The Aldo Pace confiscation is the largest ever awarded in a Bermuda court ? and Police say several more cases are now in the pipeline.
Only four confiscation orders have been granted under the Proceeds of Crime Act which came into effect in early 1998 ? the biggest was for just $62,000 in 2001.
Det. Sgt. Grant Tompkins, who worked on the Pace case, said gathering evidence was a long involved job. Police poured over documents and bank statements going back years during investigations which paid off with the record award.
"It's hundreds of man hours of work," said Det. Sgt. Tompkins. "We have a couple of cases pending, it will become more and more common."
Money confiscated under the Proceeds of Crime Act is put in a fund to investigate cases of money laundering and drug trafficking and to finance rehabilitation for drug addicts and anti-drug education.
A case against Kirk Roberts is pending.
Roberts, a 43-year-old boatyard worker, was convicted of drug smuggling and handed a ten-year prison sentence in 2002 for his part in a conspiracy to import 200 pounds of marijuana.
Det. Sgt. Tompkins explained in Proceeds of Crime hearings judges determined the amount of assets to be recovered based on what was realisable. So if a dealer was found to have made a million illegally on drugs but had only $100,000 in cash or assets then the Crown would just seek to confiscate that sum.
"But if that person went to Vegas and won $900,000 they would be the unluckiest man in the world as the judge could then go after that."
He warned other drug dealers: "It is important that people realise, like the judge said, that it is draconian legislation."
And he said Bermuda Police were co-operating well with foreign counterparts to gather evidence.
The Department of Prosecutions is hoping to appoint a lawyer to specialise in Proceeds of Crime cases and is considering sending a candidate away to get experience in jurisdictions with similar legislation.
The case against Harrison Isaac, who has been accused of stealing nearly $2 million from the Bermuda Government, will go ahead on January 17 in New York.
Isaac, a former management accountant in the Accountant General's office, has denied one count of conspiracy to commit wire fraud, 13 counts of wire fraud and one count of access device fraud in the theft of $1,899,888 from an account held in Government's name at The Bank of New York.
The week-long trial had been due to start last month but has been adjourned after Isaac changed his lawyer.