INFORMATION ABOUT FINANCIAL TRANSACTIONS FOR CRIMINAL INVESTIGATION PURPOSES<\/p>\n
This Part gives effect to the provisions in the 2001 Protocol, which makes provision for the sharing of information and monitoring of banking transactions for criminal investigation purposes.<\/p>\n
Information about financial transactions for use in the State<\/p>\n
There are provisions which deal with obtaining information about financial transactions for the purpose of a criminal investigation in the State.<\/p>\n
Account information order and account monitoring order<\/p>\n
a member of the Garda Siochana not below the rank of inspector may apply ex parte to a judge of the District Court for an account information order and\/or an account monitoring order for the purposes of a criminal investigation in the State. The Act sets out the institutions to which such an application may relate.<\/p>\n
The Act specifies the conditions to be satisfied if the order sought is to be granted. The judge must be satisfied that the Garda Siochana is investigating whether a specified person has committed an offence or possesses or controls assets or proceeds deriving from criminal conduct. The judge must also be satisfied that there are reasonable grounds for believing that the specified financial institution(s) may have information required for the purposes of the investigation and that it is in the public interest that such information be disclosed.<\/p>\n
Sufficient information must be provided to enable the account to be identified by the financial institution concerned. An order made under the Act has effect as if it were an order of the District Court and notwithstanding any obligation which may arise with regard to secrecy or restrictions on disclosure imposed by statute or otherwise.<\/p>\n
The Act permits the making of a District Court order under the Act notwithstanding that the financial institution to which the order relates is not in the district court district where the judge concerned is assigned. The Act provides indemnity to financial institution(s) with regard to information provided in compliance with a District Court order. The indemnity will not however apply in relation to proceedings where the financial institution(s) concerned makes a statement which it knows to be false or misleading or recklessly makes a statement which is false or misleading.<\/p>\n
Request to member state for information about financial transactions<\/p>\n
Tthe Director of Public Prosecutions may send an account information or account monitoring order which relates to an account or accounts in a financial institution in a member state to the Central Authority for transmission to the competent authority in the state concerned along with a request for the relevant information to be supplied. Notwithstanding this, the Director of Public Prosecutions may make a request directly to the competent authority of a member state requesting information relating to account information or account monitoring order.<\/p>\n
A request may be made if the Director has reasonable grounds for believing that the financial institution(s) in the member state may have information required for the purposes of the investigation and that it is in the public interest that such information be disclosed. The Act sets out the information to be provided by the Director when making such a request.<\/p>\n
The information obtained will not be used for any purpose other than that set out in the request. The Act provides for the return of the information provided when it is no longer required unless it has been specified that it is not necessary to return the information.<\/p>\n
Information about financial transactions for use in member state<\/p>\n
Request from member state for information about financial transactions<\/p>\n
The 2008 Act deals with requests for information in relation to any account(s) that may be held in the State by a person who is the subject of a criminal investigation in another member state. It sets out the details that must be provided when a member state requests information relating to an account or accounts.<\/p>\n
Action on request<\/p>\n
The Minister may, on receiving a request from a member state that complies with the criteria set out authorise a member of the Garda Siochana not below the rank of inspector to apply to a judge of the District Court for an account information and\/or account monitoring order.<\/p>\n
Account information order and account monitoring order on foot of request<\/p>\n
On receipt of authorisation a member of the Garda Siochana not below the rank of inspector may apply to a judge of the District Court for an account information and\/or account monitoring order. The Act sets out the financial institutions to which such an application may relate and provides that a copy of the request and supporting documentation must accompany the application.<\/p>\n
The Act specifies the conditions under which the judge may make the order or orders. The order will be made if the judge is satisfied that an offence under the law of the member state has been committed, that the person concerned is the subject of an investigation into the offence, that the request is in accordance with the 2001 Protocol and that there are reasonable grounds for believing that the specified financial institution(s) may have information required for the purposes of the investigation.<\/p>\n
An account information or account monitoring order will contain sufficient information to enable it to be identified by the relevant financial institution.<\/p>\n
Transmission of information obtained to requesting authority<\/p>\n
The 2008 Act provides for the transmission to the requesting authority of any information provided by a financial institution in compliance with an account information or account monitoring order.<\/p>\n
Requesting authority to be informed of possible further investigations<\/p>\n
The 2008 Act gives effect to Article 5 of the 2001 Protocol. Provision is made for the Commissioner of the Garda Siochana to inform the requesting authority that it may be appropriate to undertake investigations which were not initially foreseen when the request for an account information or an account monitoring order was made.<\/p>\n
Variation or discharge of account information or account monitoring order<\/p>\n
A judge of the District Court may amend or terminate an account information or account monitoring order on foot of an application to the Court by either a member of the Garda Siochana not below the rank of inspector or by the financial institution affected. If the application relates to an order made following the request of a member state, the judge shall ensure that the member state concerned is informed of the applications and the grounds for the application, in order that it may submit arguments if it wishes, and also of the outcome of the application. The application shall not be heard in public.<\/p>\n
Noncompliance with account information order or account monitoring order<\/p>\n
The 2008 Act provides that if a financial institution does not comply with an account information or account monitoring order without good reason it is guilty of an offence. A financial institution is also guilty of an offence if, while appearing to comply with the order, it either makes a statement which it knows to be false or misleading in a matter of significance or if it makes such a statement\u00a0through carelessness. Under the Act a penalty of a fine not exceeding \u20ac5,000 will apply on summary conviction and a fine will also apply on conviction on indictment.<\/p>\n\n
INFORMATION ABOUT FINANCIAL TRANSACTIONS FOR CRIMINAL INVESTIGATION PURPOSES This Part gives effect to the provisions in the 2001 Protocol, which makes provision for the sharing of information and monitoring of banking transactions for criminal investigation purposes. Information about financial transactions for use in the State There are provisions which deal with obtaining information about financial […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[378],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27832"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=27832"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27832\/revisions"}],"predecessor-version":[{"id":27834,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27832\/revisions\/27834"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=27832"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=27832"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=27832"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}