AGA: Combating financial crimes in Africa

 

Participants during a virtual workshop on financial crimes organised by AGA-Africa and the Drug Enforcement Commission.

AGA-Africa works with law enforcement agencies in Africa and other countries to combat financial crime through knowledge sharing.

JACK ZIMBA

ABOUT June 2019, a young woman working for Barclays Bank Zambia (before it changed its name to Absa) allegedly gained access to the vault, laid her hands on over US$400,000 cash and vanished. Pamela Gondwe became an instant social media hit, and both local and international law enforcement agencies got on her trail. Almost exactly two years later, the case is still active, as Pamela is still a fugitive. She is believed to have slipped out of the country with her Nigerian boyfriend.

While Pamela Gondwe’s whereabouts remain unknown, the case presents a typical example of one of the challenges law enforcement agencies face in reining in suspects who escape beyond their area of jurisdiction.

And for a long time, international crime syndicates – drug lords, terrorists and human traffickers – have used the lack of collaboration among law enforcement agencies in different countries as a loophole to escape the law. 

It is a global challenge that organisations like the Attorney General Alliance – Africa (AGA) are now trying to overcome.

AGA, which was founded in 2016, seeks to establish and foster robust relationships with justice and law enforcement agencies and officials throughout Africa in order to support the rule of law and combat transnational criminal activities.

AGA collaborates with African ministries of justice, attorneys general, solicitors general, and public prosecution agencies to share knowledge and experience in the fight against crimes like human trafficking, corruption, money laundering, cybercrime, and other cross-border criminal activities.

It currently has a footprint in Kenya, Nigeria, Rwanda, Senegal, South Africa and Zambia.

Recently, the organisation, in collaboration with the Drug Enforcement Commission (DEC), held a virtual workshop for law enforcers on financial crimes which also addressed the issue of transnational crimes.

One of the facilitators, Scott Blake, is a long-time prosecutor who has also worked with the Federal Bureau of Investigations (FBI) in his home country – United States of America.

Rachel Heintz is an assistant attorney general specialised in fighting white-collar crimes in the state of Arizona in the US. 

Both have also had experience working with law enforcement agencies and government wings in Africa.

Through his work in various countries, Mr Blake has come across three major challenges when it comes to combating financial crimes. 

“The three common challenges that I have observed are: a limitation on available resources to fully investigate financial crimes; the need for greater cooperation between private sector financial institutions, regulatory agencies, law enforcement, prosecutors, and government officials; and the difficulties associated with investigating transnational financial crimes in which the suspects live in foreign jurisdictions. These are similar challenges that we are facing in the United States as well,” says Mr Blake.
He says although resources that each country devotes to combating financial crimes vary, as well as the laws, some countries are ahead of others.

“It is clear that some countries have made greater efforts to address financial crimes than others. Zambia is one of the countries that I have noticed that is making significant efforts to combat financial crimes,” says Mr Blake.  
According to him, one of the biggest steps in fighting financial crimes that transcend international borders is collaboration among different countries.
“I think it is important to develop relationships with other nations so that information and knowledge can be shared on the new and innovative ways crimes are being committed and how different nations are taking steps to combat those crimes,” he says.
He adds: “I have observed that Zambia is taking two important steps to deal with financial crimes. First, Zambia is actively training their investigators to take a more proactive approach in identifying and investigating financial crimes. Second, Zambia has shown a willingness to create partnerships with other countries.”
Mr Blake’s assertion is backed by evidence.

Last year, Rwanda and Zambia renewed collaboration through an agreement which aims at strengthening cooperation between the Rwanda National Police and the Zambia Police Service.

The first collaboration agreement between the two security organisations was signed in 2015, and was aimed at establishing channels of cooperation and communication in combating transnational organised crime, as well as exchanging information on suspects, crime intelligence and training, among others.

Rwandan police chief Dan Munyuza said during a signing ceremony with his Zambian counterpart, Kakoma Kanganja, in Lusaka, that cooperation among countries on matters of safety and security open a wider perspective to jointly face current major security challenges such as cybercrimes, drug trafficking, financial crimes and terrorism.

“The growth of criminal networks that operate with little regard to national boundaries is a global concern and a significant law enforcement challenge we all share,” he had said.

Mr Blake also says Zambia has comprehensive legislation addressing money laundering and the relating underlying criminal offences, and has been proactive in training its investigators on how to conduct financial investigations. 

He says Zambia’s partnership with the Attorney General Alliance – Africa also shows the country’s willingness to fight financial crimes.

Mr Blake believes that if Zambia continues on this path, it will win the war against financial crimes and all related crimes.

For Rachel Heintz, who has worked in two African countries, as well as others around the world, the challenges facing Zambia in financial crimes are not unique.

“From the questions and discussions during the financial investigations training, I think Zambia is confronted with many similar challenges as other countries. By discussing trends and challenges that come up during enforcement efforts, the law enforcement agencies in Zambia will be able to more effectively confront those individuals and organisations facilitating financial crimes,” she says.

Ms Heintzsays continuous training in ways to combat financial crimes is critical. 

“The more we share information, experiences, and ideas about how to confront criminal activities, the more success we will see in our efforts. This is especially important for agencies or areas that have limited resources. Bringing together investigators and attorneys to share information provides a variety of ways for agencies with limited resources to conduct investigations and address criminal activities within their respective areas of responsibilities,” says Ms Heintz.

She adds: “I was very impressed by the comments and questions from participants during this training. I think the right discussions are taking place to facilitate the information sharing, partnerships, and coordination needed to effectively confront financial crimes in Zambia.”

And one of the participants in the training, Jacqueline Chisi, who is chief investigations officer at DEC, is happy that the training highlighted how investigators could use partnerships with agencies in other countries to gather evidence or information on suspects.

She says this is important if investigators are to submit concrete evidence in court.

“The training was very beneficial,” she says.

Ephraim Chipilipili, who is an investigations officer, says the training was very beneficial, especially that those involved in the vice keep devising new ways to beat security systems and hide their loot.

Like Mr Blake and Ms Heintz, Mr Chipilipili says lack of collaboration among different countries poses a huge challenge in curbing crimes.

But he says there is also need for local institutions such as banks and telecommunication companies to collaborate with law enforcement agencies such as DEC when investigating financial crimes.

“The beauty is that there is already legislation that allows sharing of information,” he says.

He notes that there were many similarities in the experiences in the US, as shared by Mr Blake and Ms Heintz, to the Zambian experience in terms of fighting financial crimes, which made the training very beneficial. 

With fast-changing technology which is now commonly used in financial crimes, investigators like Mr Chipililipili have to always be on the lookout for new trends in the underworld.

He says one new area of interest for local investigators are the casinos and betting outlets, which can be used for money laundering.