Purpose
To provide the highest quality legal advice to the Chief Technical Director and the Financial Investigations Division by utilizing best practices in advising on the gathering and collating of evidence in investigation, adjudication or for sanctions under the relevant laws; to adequately prepare and submit cases and opinion to stakeholders, ministries and other agencies interfacing with the Division so as to ameliorate convictions, forfeiture of assets, and compliance.
Unit Role and Functions
Specifically, the Legal Unit, which is staffed by qualified experienced lawyers, paralegal officers and lead by the Director, provides the following:
- Legal direction and advice on the merits of cases for trial under relevant laws impacting the FID, such as the Proceeds of Crime Act, Terrorism Prevention Act, Financial Investigations Division Act and the Corruption Prevention Act.
- Legal advice on best practices in gathering and ultimately, collating evidence on matters referred to the Division for investigation, to be adjudicated on. Sanctions are imposed predominantly under the FID Act, POCA and other laws relevant to the functions of the Division.
- The unit represents the Division in the submission of cases and opinions to stakeholders, Ministries and agencies engaged in the drive to realise a reduction in benefit from crime.
- The Legal Officers attend and represent the Division on matters touching and concerning financial crimes (criminal and civil) that are adjudicated in the Resident Magistrate Court, Supreme Court and the Court of Appeal as warranted.
- Make recommendations for structural or Legislative changes as well as recommendations to eliminate weaknesses and shortcomings impacting cases referred to the Legal Services Unit and the Division as a whole.
- Direct, research and make recommendations for required amendments to relevant legislations inclusive of regulations governing financial crimes.
- Provide sound advice on legal issues impacting the Division.
- Make recommendations for effective working tools, as well as to incorporate procedural changes to reflect the additional responsibilities and new thrust of the Legal Services Unit and the Division as a whole.