Bureau of International Narcotics and Law Enforcement Affairs
U.S. Embassy, Paraguay
Anti Money Laundering and Asset Forfeiture Course For Judges Overview
This course provides judges with a detailed understanding of the key principles governing money laundering and asset forfeiture, including evidentiary chain-of-custody and rendering legal judgments during trial.
The objective of the training program is to offer a practical understanding of the course material that can be applied to real-life scenarios in order to:
- Enhance the student’s professional capabilities as judges and improve the overall efficacy of the courts in which they serve; and
- Foster relationships with other countries involved in International Money Laundering
Day 1 Classes:
Main Segment #1: Money Laundering
- Part 1: Discussion of common money laundering techniques and their relationship to activities such as terrorism, drug running and organized crime. Discussion of the most common Anti-Money Laundering (AML) methods, including the Know-Your-Customer provision and the Customer Identification Program.
- Part 2: Interactive discussion of the main legal and jurisdictional elements relevant to money laundering. Topics will include the legal elements required to convict a suspect of money laundering; the basic judicial principles for judges presiding over money laundering trials; key investigatory and prosecutorial methods; and the trial, judgment and sentencing phases. Students will be asked to discuss the current methods utilized in their professions and what they consider to be “best practices” while the instructors will provide constructive feedback based on their own experience and expertise in the subject matter.
- Part 3: Computer Forensics Training Module – This value-added module uses data analytic software (Maltego) to identify and track money laundering transactions that can lead to the seizure of target assets. Students will practice using the software and perform PEs related to tracking money laundering transactions.
- Part 4: Discussion of the main international laws and standards that govern AML and the proper techniques for working on multi-agency task forces with national, international and local law enforcement personnel and the specific issues that may arise.
- End-of-Day Review, Quiz and Q&A; Discussion of Next Day’s Activities
Day 2 Classes:
Main Segment #2: Asset Forfeiture
- Part 1: Discussion of the legal relationship between money laundering and asset forfeiture, including financial crimes that create U.S. jurisdiction over foreign individuals and can lead to cross-border asset seizure.
- Part 2: Discussion of the investigatory procedures used to track target assets; the main legal restrictions placed on judicial officers; and the legal rules governing asset recovery.
- Part 3: Overview of Standard Operating Procedures (SOPs) and best practices with regard to investigatory and documentation procedures, the prosecutorial and judgment phases and multi-agency coordination.
- Part 4: Students will participate in a “mock trial” that uses a relevant case study to compare the key differences between U.S. and Paraguayan/Argentine/Brazilian AML and asset forfeiture laws and legal procedure.
Corruption, Integrity and Ethics as They Relate to the Legal Profession
- Part 1: Overview of corruption and its impact on government, society and professional performance, with a focus on Politically Exposed Persons and their role in money laundering, using case studies that deal with legal or judicial corruption. Discussion of the main factors that contribute to judicial corruption, including lack of transparency; interference in the judicial process by outside actors; and discretionary prosecution. Discussion of legal ethics and how to apply them in real-life work situations.
Human Rights as They Relate to the Legal Profession
- Part 1: Discussion of human rights as they pertain to legal/judicial officers using the standards set by the UN. Students will learn the importance of respecting the human rights of all individuals, even suspects and arrestees, and how to incorporate human rights standards into their professional duties.
- Quiz on Corruption, Integrity and Ethics and Human Rights followed by discussion of questions and answers.
- Review of course content
- Final written examination
- Student and instructor close-out discussion, final Q&A and feedback
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