An analysis of procedural challenges in asset forfeiture investigation

Abstract

The study explored the impact of procedural challenges in asset forfeiture investigation. The study revealed that challenges are being experienced by the investigators during asset forfeiture investigation. The challenges for successful asset forfeiture investigations depend on the systems or procedures in place to trace, identify and verify assets used or bought with the funds derived from crime, as well as covering the financial benefits from criminal activities. The research study was conducted with the asset forfeiture investigators of the Directorate for Priority Crime Investigation (DPCI) who are responsible for tracing, identification and verification of assets used or bought with the funds derived from criminal activities. A qualitative research design approach was adopted in this research study. National and international sources of literature were consulted, in conjunction with semi-structured interviews conducted with the asset forfeiture investigators from the Directorate for Priority Crime Investigation (DPCI). A small representative sample of 11 members was used for data collection using the random sampling method. The findings arising from the research pointed to the importance of capacitation, empowerment of the asset forfeiture investigation environment with enough resources to trace, identify and verify assets linked to criminal activities in order to secure successful forfeiture and confiscation orders. It became evident that participants experience a number of challenges during asset forfeiture investigation. Several recommendations are made as to what could be done to ensure that assets involved in criminal activities are seized and forfeited to the State. This will help to achieve objectives set out by the organisation’s strategy. The study makes recommendations on what could be done to ensure that asset forfeiture investigators are equipped with resources, and enhanced with skills and knowledge to effectively investigate asset forfeiture cases successfully.