The Proceeds of Crime Act for Anguilla will provides a scheme to trace, restrain and confiscate the proceeds of crime. The new Act also will provide a scheme that allows confiscated funds to be given back to the Anguillian community in an endeavour to prevent and reduce the harmful effects of crime on Anguilla.
Sometimes I'm inclined to believe that many of our people are using the words "love for country" loosely, without taking careful consideration of what these words actually mean, and what their historic characteristics really are. When you study the historic nature; motive; objective; and results of our ‘so-called revolution’, you may want to change those words to their rightful meaning.
To understand our so-called ‘Anguilla professionals’ dissent; you must study their history and the characteristics of the individuals crying fouled. These are the same dodgy ‘all of self’ suspects who have forever benefited from the said ‘proceeds of crime’ (corruption), and the very loopholes from insufficient or ineffective legislation… or none thereof.
A Proceeds of Crime Act is best described as an exposing corruption legislation. On Anguilla this will affect the average accountant; politician; attorney; bank; minister of religion; businessman; civil servant and 'many' who have benefited from the proceeds of crime – directly or indirectly.
Now that our government has decided to take the bull by the horn, these same corrupted elites are busy trying to taint our government as incompetent. And as such - politically - our government is forced not to make competent legislation or lose the next general election.
However, the British Government has rescued Anguilla in 1969; the 1980 Constitution; and they will have to rescue us again with a Proceeds of Crime Act in 2010; regardless to government.
“Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity” – MLK
With the lost of windfall moneys from the Transhipment Scheme and very low taxes, the recovery or confiscation of such proceeds of crime will help enable government to finance specific areas where funding are urgently needed. Example - the government may approve a program for the expenditure, in a particular financial year, of money standing to the credit of the Confiscated Assets Account (CAA). It will be up to the government to use this windfall money wisely.
The government may also approve equitable sharing payments to be made to other jurisdictions in recognition of the effort involved in joint investigations or prosecutions of unlawful activity; and vice versa.
The United Nations Convention Against Corruption obliges States to share profits of crime where assistance in the recovery of those profits contributes to legal enforcement cooperation.
The ball is in our court and the opposing team is us - so play professionally well, being fully aware that we can only outplay ourselves.
We all love Anguilla…