The criminal justice system must revolve on the victims of crime, said national director of public prosecutions Vusi Pikoli on Wednesday.
"We want to change our criminal justice system. We want to ensure justice for the victims of crime by prosecuting without fear, favour or prejudice and by working with our partners and the public to solve and prevent crime," he said.
Launching the NPA's Strategy 2020 at a conference held in Midrand, Pikoli said there needed to be a "marked improvement" in the work of the NPA by 2020.
The programmes include reducing the number of awaiting-trail detainees by developing guidelines for prosecution, prosecution-guided investigation in which the NPA works with police, and community prosecutions in which "alternative and varied law-enforcement mechanisms" will be developed.
"We want to make sure that we create a society where people obey the laws of the republic voluntarily, not because of fear of sanctions. We want to encourage that culture," Pikoli said.
Source: News 24.com
Wednesday, March 28, 2007
Thursday, March 22, 2007
Sustained gunfire reported in Congo's capital
Heavy gunfire sounded in Congo's capital on Thursday around the home of presidential runner-up Jean-Pierre Bemba, witnesses said. "We've been hearing shooting from heavy arms coming from the area of Jean-Pierre Bemba's residence," office worker Emery Makumeno said by phone from a nearby building. Makumeno and an AP photographer in the area said the shooting had been going on for about an hour.
Soldiers deployed throughout the city and people could be seen fleeing in vehicles and on foot. It was unclear whether the gunfire was coming from government soldiers, civilians or members of Bemba's armed guard. Bemba's guard has refused to disband as promised as part of a deal with the government of President Joseph Kabila. It was the first fighting in the capital since Kabila was installed as the Central African country's first freely elected president in decades late last year.
Bemba, who came in second, initially rejected the election results and his militia took to the streets, clashing with Kabila's security forces. At least two dozen civilians were killed. He gave up his challenge after Congo's Supreme Court rejected his claims of an unfair vote. Bemba, an ex-warlord who was recently elected senator, was allowed keep his personal army - numbering in the thousands - until this month. Last week, his personal guard was expected to register at an army base, where they were to begin their integration into the Congolese security force. But his militia ignored the deadline, and a spokesperson said Bemba's security was still uncertain.
Armed men wearing uniforms that designated them as Bemba's fighters could be seen deployed around his residence, Makumeno said. He said they were holding guns ready, apparently ready to shoot out onto the street - a wide boulevard that was the site of earlier brawls.
Source: IoL
Soldiers deployed throughout the city and people could be seen fleeing in vehicles and on foot. It was unclear whether the gunfire was coming from government soldiers, civilians or members of Bemba's armed guard. Bemba's guard has refused to disband as promised as part of a deal with the government of President Joseph Kabila. It was the first fighting in the capital since Kabila was installed as the Central African country's first freely elected president in decades late last year.
Bemba, who came in second, initially rejected the election results and his militia took to the streets, clashing with Kabila's security forces. At least two dozen civilians were killed. He gave up his challenge after Congo's Supreme Court rejected his claims of an unfair vote. Bemba, an ex-warlord who was recently elected senator, was allowed keep his personal army - numbering in the thousands - until this month. Last week, his personal guard was expected to register at an army base, where they were to begin their integration into the Congolese security force. But his militia ignored the deadline, and a spokesperson said Bemba's security was still uncertain.
Armed men wearing uniforms that designated them as Bemba's fighters could be seen deployed around his residence, Makumeno said. He said they were holding guns ready, apparently ready to shoot out onto the street - a wide boulevard that was the site of earlier brawls.
Source: IoL
Thursday, March 8, 2007
Emerging Schemes: Foreclosure Fraud
Recent statistics suggest that escalating foreclosures provide criminals with the opportunity to exploit and defraud vulnerable homeowners seeking financial guidance. The perpetrators convince homeowners that they can save their homes from foreclosure through deed transfers and the payment of up-front fees. This “foreclosure rescue” often involves a manipulated deed process that results in the preparation of forged deeds. In extreme instances, perpetrators may sell the home or secure a second loan without the homeowners’ knowledge, stripping the property’s equity for personal enrichment.
While foreclosure scams vary, they may be used in combination with other fraudulent schemes. For instance, perpetrators may view foreclosure-rescue scams as a new method for fraudulently acquiring properties to facilitate illegal property-flipping and equity-skimming.
Source: FBI
While foreclosure scams vary, they may be used in combination with other fraudulent schemes. For instance, perpetrators may view foreclosure-rescue scams as a new method for fraudulently acquiring properties to facilitate illegal property-flipping and equity-skimming.
Source: FBI
Tuesday, March 6, 2007
J Arthur Brown arrested
The Scorpions have moved with astonishing speed, given that key components of the Fidentia Group were placed under curatorship just over a month ago, on February 2. Brown and Maddock were arrested in respect of criminal allegations relating to a transaction, or series of transactions, totalling R200m. The two men were immediately taken to the Cape Town Magistrates Court.
In the background lies a tangled web of burned cash, running to well over R1bn. The key victims of a massive scam conceived and perpetrated by Brown and his corrupt network are tens of thousands of widows and orphans registered under the Living Hands Umbrella Trust. In October 2004, R1,1bn belonging to the trust was transferred to Fidentia when Fidentia seized control of Living Hands Pty Ltd, the trust's administrator. This cash enabled Brown and his corrupt network to continue with a bizarre business model that appeared to be based on overpaying for acquisitions, in the hope that fresh cash could be seized to fund past peccadilloes. The business model was utterly unsustainable, and maxed out during the second half of last year, when the Financial Services Board started to take various Fidentia whistleblowers seriously.
The first hardcore cases of alleged fraud were outlined late in 2005. Hendrik Roedolf Bam, who worked in and around the Fidentia Group between December 2002 and December 2003, determined to expose the rot in Fidentia, eventually deposed several affidavits at a Cape Town police station, backed up by extensive annexures containing accounts and much other sensitive information. Bam showed how Maddock was not only auditor for Fidentia Holdings (for a certain period of time), he was also an ongoing director, employee and shareholder in the Fidentia Group through Bonus Way (12) (Pty) Ltd. Bam alleges that Maddock and Brown were involved in "so many instances of fraud that it would be impossible to unravel, if one does not start at a point".
Bam forewarns police that "during your investigation" it would be realised that client funds were handled out of Maddock's statutory trust account by Brown and Maddock without client permission and utilised for personal expenses, company expenses (including operating expenses), and "repaying other clients whose money they used" where earlier-dated money had fallen short. "When I asked Brown", Bam states, "why the company did not have its own banking accounts, Brown said for security purpose, safeguarding client funds. It later became clear that it was done to facilitate fraud of client's funds".
Reports filed after a limited inspection of Fidentia by the Financial Services Board (FSB) accused the group of inadequate corporate governance, material conflicts of interest, poor financial management and reporting, deviation from client mandates, misrepresentation to clients, defying the segregation of assets principle and co-mingling funds, misappropriation of client funds, misrepresenting investments, a probable shortfall in trust holding, and non-adherence to licence conditions. Clients, stated the FSB, would, according to allegations, "be paid out of new or existing client funds. The process then carries forward the problem to the next set of clients. In our opinion this modus operandi is akin to a pyramid scheme". It is apparent throughout the FSB report that Brown "is the directing mind and will of the group". The inspectors say emphatically that "Brown controls FAM [Fidentia Asset Management] and the client investment assets single handedly".
FAM's auditors reported certain irregularities in the conduct of the company's affairs to the relevant registrar. An affidavit by the responsible auditor, a CH Beekmans of Greenwoods Chartered Accountants, stated that the audit of FAM for the year ended 2005 was initiated by his firm on August 1 2005. But the auditors were unable to finalise and sign the audit report for the financial 2005 year, never mind 2006.
Source: Money Web
In the background lies a tangled web of burned cash, running to well over R1bn. The key victims of a massive scam conceived and perpetrated by Brown and his corrupt network are tens of thousands of widows and orphans registered under the Living Hands Umbrella Trust. In October 2004, R1,1bn belonging to the trust was transferred to Fidentia when Fidentia seized control of Living Hands Pty Ltd, the trust's administrator. This cash enabled Brown and his corrupt network to continue with a bizarre business model that appeared to be based on overpaying for acquisitions, in the hope that fresh cash could be seized to fund past peccadilloes. The business model was utterly unsustainable, and maxed out during the second half of last year, when the Financial Services Board started to take various Fidentia whistleblowers seriously.
The first hardcore cases of alleged fraud were outlined late in 2005. Hendrik Roedolf Bam, who worked in and around the Fidentia Group between December 2002 and December 2003, determined to expose the rot in Fidentia, eventually deposed several affidavits at a Cape Town police station, backed up by extensive annexures containing accounts and much other sensitive information. Bam showed how Maddock was not only auditor for Fidentia Holdings (for a certain period of time), he was also an ongoing director, employee and shareholder in the Fidentia Group through Bonus Way (12) (Pty) Ltd. Bam alleges that Maddock and Brown were involved in "so many instances of fraud that it would be impossible to unravel, if one does not start at a point".
Bam forewarns police that "during your investigation" it would be realised that client funds were handled out of Maddock's statutory trust account by Brown and Maddock without client permission and utilised for personal expenses, company expenses (including operating expenses), and "repaying other clients whose money they used" where earlier-dated money had fallen short. "When I asked Brown", Bam states, "why the company did not have its own banking accounts, Brown said for security purpose, safeguarding client funds. It later became clear that it was done to facilitate fraud of client's funds".
Reports filed after a limited inspection of Fidentia by the Financial Services Board (FSB) accused the group of inadequate corporate governance, material conflicts of interest, poor financial management and reporting, deviation from client mandates, misrepresentation to clients, defying the segregation of assets principle and co-mingling funds, misappropriation of client funds, misrepresenting investments, a probable shortfall in trust holding, and non-adherence to licence conditions. Clients, stated the FSB, would, according to allegations, "be paid out of new or existing client funds. The process then carries forward the problem to the next set of clients. In our opinion this modus operandi is akin to a pyramid scheme". It is apparent throughout the FSB report that Brown "is the directing mind and will of the group". The inspectors say emphatically that "Brown controls FAM [Fidentia Asset Management] and the client investment assets single handedly".
FAM's auditors reported certain irregularities in the conduct of the company's affairs to the relevant registrar. An affidavit by the responsible auditor, a CH Beekmans of Greenwoods Chartered Accountants, stated that the audit of FAM for the year ended 2005 was initiated by his firm on August 1 2005. But the auditors were unable to finalise and sign the audit report for the financial 2005 year, never mind 2006.
Source: Money Web
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