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CHOI Shu-keung Assistant Director ICAC, Hong Kong Dalian, China – 27 June 2012

The Forth IAACA Seminar. Case Study Macao Senior Government Official Corruption Case Multi-jurisdictional Asset Concealment / Recovery / Restraining / Confiscation. CHOI Shu-keung Assistant Director ICAC, Hong Kong Dalian, China – 27 June 2012. Corruption Asset Concealment / Discovery.

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CHOI Shu-keung Assistant Director ICAC, Hong Kong Dalian, China – 27 June 2012

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  1. The Forth IAACA Seminar Case StudyMacao Senior Government Official Corruption Case Multi-jurisdictional Asset Concealment / Recovery / Restraining / Confiscation CHOI Shu-keung Assistant Director ICAC, Hong Kong Dalian, China – 27 June 2012

  2. CorruptionAsset Concealment / Discovery Mr AO Secretary for Transport and Public Work Land Developers Govt Contractors MACAO United Kingdom HONG KONG HK Co. Middlemen HK$42M Family Members Overseas Companies Nominees Lawyers Real Property 39 Bank A/C GBP 8.87M (US$14M) HK$330M (US$42M)

  3. InvestigationAsset Discovery / Restraining • Suspicious Transactions in Hong Kong • Hong Kong / Macao joint overt actions – Dec 2006 • Hong Kong • Arrest middlemen and associates • Seize HKD eqv 82M Cash (S.10C of ICAC Ordinance) • Restraint (S.14C of Prevention of Bribery Ordinance) $330M in bank A/C of overseas co & associates • Restraint (Organized and Serious Crimes Ordinance) $22M in bank A/C of middleman

  4. Prosecution Asset Restraining / Confiscation • Prosecution • AO / associates / offerors for bribery and related offences • (29 yrs for AO and etc) • Assets • Claimed all of AO’s assets in Hong Kong • Restrained the property in UK • Recovering all assets of AO MACAO • Prosecution • 2 x middlemen for money laundering (absconded) • 2 x company directors for offering MOP29M bribe • (36 mons jail pending appeal) • Assets • Returned HK$330M to Macao • Restrained HK$22.4M of a middleman • (pending confiscation) HONG KONG

  5. Issues • Anti-Money Maundering Law • implementation • civil participation • Anti-Corruption law • power to recover corrupt proceeds • Inter-jurisdictional cooperation • legal / operational • Role of Corporate Vehicles / Nominees

  6. Thank You

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