INTERPOL Silver Notices and Diffusions | Identifying & Targeting Criminal Proceeds Hidden Abroad
INTERPOL has introduced Silver Notices and Silver Diffusions to its suite of colour-coded Notices and Diffusions which enable countries to share alerts and requests for information worldwide aimed at combating fraudulent activities.
This initiative represents part of a pilot phase, first discussed in 2015, which will run until November 2025 and involves fifty-two of INTERPOL’s one hundred and ninety-six member countries and territories including the UK, United States, China, Russia and the UAE.
The purpose of Silver Notices and Silver Diffusions is to assist INTERPOL members share information and facilitate locating, identifying, and obtaining information about laundered assets including properties, vehicles, financial accounts and businesses. Countries may subsequently use such information as a basis for bilateral engagement, including bilateral requests for seizure, confiscation or recovery of assets, subject to national laws.
The requesting and sharing of information are permitted for both criminal and civil forfeiture.
Valdecy Urquiza, Secretary General of INTERPOL stated:
“Stripping criminals and their networks of illegal profits is one of the most powerful ways to fight transnational organized crime, especially considering that 99 per cent of criminal assets remain unrecovered. By targeting their financial gains, INTERPOL is working to disrupt criminal networks and reduce their harmful impact on communities worldwide.”
The UK’s first Silver Notice has recently been published in respect of convicted fraudster Anopkumar Maudhoo who admitted seventy-six offences including fraud, money laundering and possession of false identity documents, enabling him to operate behind at least four aliases.
Tim Thompson of KANGS comments upon this INTERPOL initiative and the conviction of Anopkumar Maudhoo.
The Legal Framework
INTERPOL has introduced a Legal Framework Governing this Pilot Period which includes the following.
Article 1
What is the purpose of Silver Notices or Silver Diffusions?
- Silver Notices and Silver Diffusions may be published or circulated at the request of a National Central Bureau in order to:
- locate assets;
- identify assets;
- obtain information about assets; and
- monitor assets discreetly and/or continuously.
- The purpose of the Silver Notice and Silver Diffusion in the pilot phase shall be limited to non-coercive measures, notably requesting and sharing information with a view to facilitating follow-up bilateral cooperation.
- Requesting and sharing information will be for the purposes of criminal and/or civil forfeiture, post-conviction and/or non-conviction based forfeiture.
Article 2
What are the specific conditions for the publication of Silver Notices and the circulation of Silver Diffusions?
(1) Minimum criteria: Silver Notices and Silver Diffusions may be published or circulated at the request of a National Central Bureau only if the Silver Notice/Silver Diffusion relates to:
- a natural person subject to a criminal investigation,
- serious crime punishable by a maximum deprivation of liberty of at least four years or a more serious penalty, as per Article 2(b) of the United Nations Convention against Transnational Organized Crime.
A minimum threshold amount is not required for the publication/circulation of Silver Notices/Silver Diffusions.
(2) Minimum data: Sufficient identifiers for the individual, such as family name, forename, sex, date of birth and a physical description or photograph of good quality, must have been provided.
Sufficient judicial data will be considered to include at least:
A summary of facts of the case, which must;
- provide a succinct and clear description of the underlying criminal activities,
- establish the link between the criminal activities and the person and/or the asset(s) derived from the offence(s),
- specify whether the assets sought are the instrument, the object, the direct or indirect proceeds, or the value of benefits of the crime or the criminal conduct,
reference to a valid judicial decision related to a natural person subject to a criminal investigation indicating that that person’s assets are subject to:
- criminal restraint, including seizure and freezing orders, or a criminal confiscation/forfeiture order, and/or
- non-conviction based restraint, including seizure and freezing orders, or a confiscation/forfeiture order;
- the charge(s) and law(s) covering the offence.
Article 3
What steps are taken following the location of the assets?
If an asset belonging to an individual, who is the subject of a Silver Notice or Silver Diffusion is located, the following steps shall be taken.
The country where the asset has been located shall:
- immediately inform the requesting National Central Bureau and the General Secretariat of the fact that the asset has been located, subject to limitations deriving from national law and applicable international obligations,
- provide information concerning the appropriate procedures the requesting country should take to pursue further actions with regard to the asset.
The requesting National Central Bureau shall act immediately once it has been informed that the asset has been located in another country. In particular, it shall ensure swift transmission within the time limits defined for the case in question, of data and supporting documents requested by the country where the asset was located, or by the General Secretariat.
The General Secretariat shall provide assistance to the relevant National Central Bureaus by, inter alia, facilitating the transfer of documents related to the monitoring, restraint, or confiscation order in accordance with the relevant national laws and international treaties.
The Case of Anopkumar Maudhoo
Following his admission to the seventy-six offences, a Silver Notice has been issued to help trace and recover the criminal assets. He is thought to have made over eight million pounds illegally, according to the Eastern Region Special Operations Unit.
Maudhoo utilised at least four aliases when committing his fraudulent activities. Additionally, domestic inquiries conducted under the Proceeds of Crime Act 2002, have so far, led to the identification of a speedboat and nineteen high-value cars.
Detective Chief Inspector Rob Burns stated:
“We know he has strong links abroad, particularly around Europe, and the Notice will help us liaise with partner agencies and identify any further assets that can, in turn, be used to repay his victims.”
How Can We Assist?
KANGS brings over 25 years of specialist legal expertise in defending clients accused of serious and complex criminal offences. Our team has proven success representing individuals facing allegations including fraud, money laundering, white collar crimes, people trafficking, and drug smuggling. Trusted nationwide, our experienced solicitors deliver strategic defence solutions tailored to each case.
If we can be of assistance, please do not hesitate to contact our team using the contact details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
Top ranked by leading legal directories Chambers UK and the Legal 500.
