Frequently Asked Questions
Please find below some answers to frequently asked questions about the Assets Recovery Agency (ARA):
Overview of the Assets Recovery Agency
- What is the ARA?
The Assets Recovery Agency was established to disrupt organised criminal enterprises through the recovery of criminal assets and also aims to promote the use of financial investigation as an integral part of criminal investigation.
The Agency became operational in February 2003. It is a Non-Ministerial Department, in other words an independent Government department.
The Director reports to the Home Secretary but is operationally independent.
- Why have the ARA?
Leaving illicitly obtained assets in the hands of criminals is damaging to society.
Firstly these assets provide the working capital for further crime, leading to a vicious circle of criminality.
Secondly, merely imprisoning criminals but leaving their assets untouched enables them to enjoy a life of luxury on their release, and often allows them to run their criminal empires from behind bars.
And thirdly, criminals living off the proceeds of crime send a message to young people that crime pays and provide appalling role models.
ARA Operations
- How do you decide what cases to pursue?
Cases are referred to the Agency from other Law Enforcement Agencies or prosecution authorities.
If a case is to be considered for adoption for civil recovery, it must meet the following criteria:
• the case must normally be referred by a law enforcement agency (LEA) or prosecution authority;
• recoverable property must have been identified and have an estimated value of at least £10,000; and
• there must be evidence of criminal conduct that is supported on the balance of probabilities.
In addition, the case referral group (CRG) will consider the potential impact of successful civil recovery action in terms of crime reduction.
- Can I get the Agency to take action against someone in my area who is involved in drugs/other crime if I ring up and tell them?
The Agency can only take on cases referred to it by a Law Enforcement Agency such as the Police or Customs. If you know or suspect someone in your area is involved in illegal activity, you should ring your local police or contact Crimestoppers.
- Why do cases take so long?
The Agency has no freedom to choose who we target- we get cases referred to us, and then select them on merit alone- i.e. how likely we are to be successful in our action.
It can take quite long to build a case, as assets are often widespread, contained in many locations and bank accounts.
It is absolutely right and proper that respondents have every opportunity to put forward their side of the story. Ultimately it is for the court to decide.
We take on cases referred to us regardless of the political, ethic or other background of those involved.
- Isn't it an abuse to try people twice for the same crimes?
The Court of Appeal has held that civil recovery proceedings are not criminal proceedings. No person is charged with an offence. Therefore, if the Agency is successful in its proceedings, there is no conviction, no sentence and no criminal record. They only affect the property which is the subject of the proceedings.
- If assets are frozen, how can people get at their ‘own’ money to defend themselves?
A recent legislative change has allowed for legal funding expenses to be excluded from the scope of property freezing orders and interim receiving orders. The secondary legislation SI 2005/3382 came into force on 1st January 2006, and contains detailed rules for its application.
- Why do you freeze the assets before the Court has decided they come from crime?
The Courts and Parliament have developed mechanisms to freeze assets in various types of legal proceedings where there is a risk that the assets will be dissipated if no preventative action is taken.
- What do you do to protect the rights of innocent third parties like partners or children?
The Proceeds of Crime Act 2002 provides for the protection of innocent property holders and others in a number of ways. So, for example, various protections are provided by sections 266(3) and (4), section 281 and section 283 of the Act.
In addition no court may make any order which breaches an individual's rights under the European Convention on Human Rights (which include the right to private and family life under Article 8 and the right to peaceful enjoyment of possession under Article 1 of the First Protocol.)
- Why do I hear of so many dead people’s assets being seized?
The ARA takes cases that are referred to it. It does not ‘choose to go after dead people’. Each case is handled on its individual merits- if the Agency believes it has a strong case it, it will take action, whether the holder of the assets is alive or dead.
The Agency has a remit to take the cash out of crime- just because a drug dealer or people trafficker dies does not mean that their relatives should be allowed to live in luxury with the proceeds of that person’s unlawful activity.
- Do you just target the kingpins?
The ARA seeks a balanced portfolio of cases, not just concentrating on the ‘Mr Bigs’. The key goal is that the community gets the message that crime does not pay. If we can get this point across by taking cases against ‘small-time’ criminals, then we do that.
The Outcome
- What effect does asset recovery have?
£1 million confiscated from a drug dealer would prevent him from buying 50 kilos of heroin at wholesale prices. Just 1 kg of heroin distributed at street level could result in:
o £220,000 worth of stolen property
o 220 victims of burglary
o 220 recorded crimes at a cost of £100 for each initial Police response
o £650 – £10,000 cost to prosecute each burglar
o 1,078 addict crimes per month
- Is the ARA just there to make money?
ARA exists to make sure that crime doesn't pay, and dismantle and disrupt organised criminal empires.
By removing the ill-gotten gains from the pockets of these people, we remove the key motivation behind them- money. This sends out a signal to them, and those who would think about getting involved in similar activities, that crime doesn’t pay.
- Is the Agency too powerful?
The Assets Recovery Agency cannot take any action without the agreement of the Court. Our investigators compile strong cases and the respondents have ample opportunity to refute any allegations made. It is not in our interests to target people who we do not feel are living off the proceeds of crime.
The legislation provides for a fair but effective system of asset recovery, and the Agency adheres strongly to our values of integrity, honesty and professionalism.
- What is involved in the sale of assets, once you have seized them?
Once assets are identified as being recoverable and are listed on the Recovery Order granted by the High Court, we look to realise them in the most cost efficient way. This will either involve ourselves disposing of them or the appointment of a receiver to act on out behalf. We are required to achieve maximum value for money when realising assets, whilst also focusing on the crime reduction benefit of publicly removing assets from those who have benefited from their criminal lifestyle.
For assets consisting of property e.g. vehicles, houses, jewellery etc. we will generally sell these publicly. This can be done by a variety of methods depending on the type of property we have. Our experience so far has led to houses and vehicles being sold at public auction in the local area. However if we have more specialised assets they will be taken to a specialist dealer.
The assets will be listed in the brochure for sale alongside all the other assets, but might not specify that we are selling them. However it is our policy to advertise the fact that we have recovered goods and will most likely issue a press release stating that the goods are to be sold at auction. We do not tend to use specific Government Auctions but instead use local auctioneers and include the property for sale in a more general auction.
Getting further information on the Agency
- How do I make a request for information held by the Agency?
The Freedom of Information Act (2000) came into full force on 1st January 2005. The Act provides the public with the right to request information from named public authorities (including the Agency). There are two ways in which a request for information can be made:
i) Publication Scheme
The publication scheme can be found alongside a range of documents produced by the agency here. Check the website for the publication that you require. If you are unable to find the publication you require you can request the publication by:
a) TELEPHONE (020 7029 5700) please leave your name, address, telephone number and details of the publication
b) E-MAIL (foi@ara.gsi.gov.uk) please include details of your name, address, telephone number and details of the publication (including format i.e. hard copy or electronic copy)
c) POST (Policy Team, Assets Recovery Agency, PO Box 39992, London, EC4M 7XQ) please include details of your name, address, telephone number and details of the publication
ii) General Right of Access
If the information that you require is not included on the publication scheme you must make a written request for information (either by post or by email) stating your name, address, telephone number. Please clearly explain in detail the information that you are requesting.
All requests for information will be dealt with within a 20 working day time limit unless you receive notice of a request for an extension to the time limit.
- What if I want to copy information from the ARA website?
Nothing on the ARA website, whether text, graphics, or otherwise, may be reproduced without permission of the Assets Recovery Agency.
- What if I want to link to the ARA website or use the Agency logo?
The Agency’s policy on the granting/ refusal of permission to persons/ organisations regarding the use of Assets Recovery Agency logos or material, or hyperlinks to the Assets Recovery Agency’s website, is as follows:
Permission will be granted to government bodies (or persons acting on behalf of said bodies) including, but not limited to: local authorities, central government departments or agencies, non-departmental public bodies, public/ law enforcement authorities (e.g. police, fire services etc.) subject to their stated planned usage being acceptable to the Agency.
Other requests will be considered on their individual merit at the discretion of the ARA Communications Department. For instance, permission will not be granted in situations whereby commercial organisations are seeking to use ARA’s branding or website to indicate endorsement thereof. On the other hand, if a legal publisher wishes to reproduce guidance on PoCA from the ARA website in one of their publications for use by legal professionals, then permission may be granted.
The overriding concern for ARA is that its corporate image is only used in ways which the Agency can justify. The Agency will not grant permission for use of its branding, material or website unless said usage can be clearly condoned.
The Assets Recovery Agency reserves the right to withdraw any permission at any time at its discretion.
Please contact the Web Editor Shailja Morris (shailja.morris@ara.gsi.gov.uk) for further information.
- Where can I get information on money laundering laws?
The Statutory Instrument that sets out the Money Laundering Regulations can be found by following this link.
There is some useful information about when and how to submit Suspicious Activity Reports on the SOCA website here:http://www.soca.gov.uk/financialIntel/suspectActivity.html
Working for ARA
- Ok, you’ve convinced me. How can I get a job with the Agency?
The Assets Recovery Agency recruits on an ongoing basis. To see our current vacancies, please visit the Recruitment section of this website.