Case Law Database

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)

Degree of Involvement

• Overt act in furtherance of agreement

Ramcharan Operation

Fact Summary

An Organized Crime Syndicate in Jamaica, Netherlands and the UK exported drugs from South Africa and the Caribbean into Europe and then used the proceeds of this crime to amass wealth and further their criminal enterprise.

- Financial Investigations were conducted on the assets of the accused

- An Attorney from the DPP’s assisted in the registering of Confiscation order in the local jurisdiction matter

- Charges of money laundering were laid on the accused

- Accused pleaded guilty to Conspiracy to commit money laundering

- All assets were restraint under the POCA

- MLAT was requested by the UK law enforcement agency

- DPP obliged and registered the Confiscation Request as requested

- Conviction of 7 ½ years and £240,153.00 in Confiscation order

Commentary and Significant Features

The case was significant as it received considerable publicity. Mr. Ramcharan was viewed as a drug lord and the principal individual in this drug-trafficking and money laundering ring. It showed also that the criminal justice system responded well to the developments and acted in accordance with the legal principles governing the case which is also consistent with what the Palermo convention dictates inter alia.

Keywords

Organized Crime Convention:
Article 5 UNTOC
Article 6 UNTOC

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Jamaica

Netherlands (Kingdom of the)

United Kingdom of Great Britain and Northern Ireland

South Africa

Investigation Procedure

Involved Agencies

• FID
• DPP
• UK Law Enforcement Agents

Confiscation and Seizure

Seized Money:
240153 Pound

Special investigative techniques

• Special investigative techniques
• Electronic or other forms of surveillance
• Undercover operation(s)/ Assumed identities/ Infiltration

Comments

Search Warrants, surveillance (video, undercover operations) civil forfeiture regime instituted and Restraint orders.

Requests made for Tax information.

 

International Cooperation

Involved Countries

United Kingdom of Great Britain and Northern Ireland

Measures

• International cooperation for confiscation/asset recovery
• Mutual legal assistance
• International law enforcement cooperation (including INTERPOL)

Outline

The Jamaican Law enforcement officers working in tandem with the UK counterpart did parallel investigations in this regard with valuable data shared which was used to good effect to ensure a successful conclusion to the matter.

The support was commendable and assisted in the positive result.

 

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 
 
Proceeding #1:

Court

• Criminal

Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    7 years 6 Months
     

    Defendants / Respondents in the first instance

    Defendant:
    Norman Ramcharan Etal
    Gender:
    Male

    Charges / Claims / Decisions

    Defendant:
    Norman Ramcharan Etal
    Charge:

    Conspiracy to commit money laundering

    Statute:
    Proceeds of Crime Act (POCA)
    Verdict:
    Guilty

    Sources / Citations

    UNODC