director of public prosecution dpp vs jackson sifael mtares 2018 tzca 393 7 september 2018
The orders of the trial and first appellate courts directing refund of money to DECI (T) Ltd. members and involving the BOT were erroneous because they failed to follow the mandatory procedure under the Proceeds of Crime Act for forfeiture and distribution of tainted property after pyramid scheme convictions. The 2012 amendment to the Anti-Money Laundering Act, which made pyramid schemes predicate offences, applies retrospectively as a procedural law. The defence of innocent owner could only be properly considered through the PCA process, which was not followed.
Source excerpt
- Pyramid schemes
- Proceeds of crime
- Forfeiture
- Retrospective application of procedural law
- Innocent owner defence