Financial Crown Counsel

The role of Financial Crown Counsel will assist the Office of the Director of Public Prosecutions in preparing for the Caribbean Financial Action Task Force Mutual Evaluation in 2021, by reviewing, evaluating and revising internal policies and procedures associated with Money Laundering, Terrorism.

Opening Date: 23 August 2023

Closing Date: 06 September 2023

Location: Tortola

Vacancy Notice No. JLSC 5 of 2023

Job Classification: Grade 15

Ministry/Department/Unit: Office of the Director of Public Prosecutions

Position Details: Contractual or Probationary period Established position

Employment Type: Full-time Remuneration/Benefits: Salary will be commensurate with qualifications and experience. The salary range $51,069 – $63,733 and applicable allowances. A tax-free gratuity, housing allowance and reallocation allowance applicable to contracted candidates.

ROLE SUMMARY

The role of Financial Crown Counsel will assist the Office of the Director of Public Prosecutions in preparing for the Caribbean Financial Action Task Force Mutual Evaluation in 2021, by reviewing, evaluating and revising internal policies and procedures associated with Money Laundering, Terrorism and Proliferation Financing, Confiscation, Forfeiture and Proceeds of Criminal Conduct. To assist in the review and drafting of proposed amendments to the Proceeds of Criminal Conduct Act 1997 ( as amended), Drug Trafficking Act and other criminal legislation to be submitted to the Attorney General. To provide assistance to the Law Enforcement Agencies as instructed to assist with developing policies and procedures as it relates to financial investigations, confiscation, seizures, detention and forfeiture. To also provide legal advice on financial investigations, terrorist financing, money laundering, terrorist financing and proceeds of Criminal Conduct, and to provide training on prosecution procedures in confiscation and forfeiture.

MAIN RESPONSIBILITIES

1. Serve as lead counsel in the courts for proceeds of crime matters, and matters involving detention, forfeiture and confiscation, and if necessary complex fraud.

2. Prepare cases, draft charges and arguments, letters, opinions and legal documents as well as manage the preparation filing and service of documents.

3. Conduct reviews, evaluations and revisions of internal policies and procedures associated with money laundering, terrorism and proliferation financing, confiscation, forfeiture and proceeds of criminal conduct.

4. Review current proceeds of crime, terrorist financing, and drug trafficking legislation and prepare drafting instructions to be submitted to the Attorney General’s Chambers for further action.

5. Provide assistance to Law Enforcement Agencies to assist in reviewing and evaluating policies and procedures related to financial investigations, confiscation, seizures, detention and forfeiture.

6. Provide written legal advice to Law Enforcement Agencies on financial investigations, and investigations that concern the proceeds of criminal conduct and asset recovery.

7. Prepare and execute training programs for the ODPP on the prosecution of proceeds of criminal conduct, forfeiture, confiscation , money laundering and Terrorist Financing

8. Prepare and execute training programs for the Law Enforcement Agencies in investigation suspicious activity reporting, financial crimes including fraud and complex theft. In the proper practices to seize, and detain cash and other proceeds of criminal conduct, to prepare for freezing orders, and proliferation and terrorist financing investigations

9. Vet files and provide legal advice on matters that deal with serious fraud or financial matters.

10. Supervise and lead Crown Counsels in court matters involving proceeds of crime matters, and matters involving detention, forfeiture and confiscation, and complex fraud.

11. Assist with producing the preparatory reports and responses for the Mutual Evaluation.

12. Develop policies, guidelines and a framework to guide the team at the Office of the Director of Public Prosecutions, the Royal Virgin Islands Police Force and other law enforcement agencies on money laundering, asset recovery and forfeiture, terrorist proliferation financing and other financial crimes to assist each agency with meeting their objectives for the 2021 Mutual Evaluation.

13. Perform any other related duties as assigned by the Director of Public Prosecutions or the Principal Crown Counsel.

BEHAVIOURAL COMPETENCIES

1. Manage relationships across the organization

2. Provide leadership for the organization

3. Encourage innovation in the organization

4. Communicate and influence effectively

5. Ensure compliance with legal, regulatory, ethical and social requirements

6. Manage your own resources, development and networks

7. Obtain and analyse information for critical decision-making

WORKING CONDITIONS/ ENVIRONMENTAL FACTORS

 Normal office environment

 Courtroom environment

 Extended working hours

MINIMUM QUALIFICATIONS AND EXPERIENCE

 Bachelor of Laws Degree or equivalent

 Bar Professional Training Course Certificate (BPTC)

 Current Professional Certification in Forfeiture, Confiscation, Proceeds of Crime, Money Laundering and Terrorist Financing (2-3 years)

 Laundering

 Admitted to the BVI Bar or imminent Call or other common law Bar qualification(s)

 Seven (7) to eight (8) years post qualification experience

 Five (5) years’ experience in legal financial investigation and FATF Mutual Evaluation

 Expert knowledge of the New 40 Recommendations of the Financial Action Task Force

 Demonstrated expert knowledge and practical prosecutorial experience in Asset Recovery including seizure,

 detention, forfeiture, freezing orders and confiscation

 Expert knowledge of Government structure, policies and procedures

 Expert knowledge and experience in criminal prosecutions

 Excellent knowledge of applicable statutes and statutory interpretation

 Demonstrated knowledge of commonwealth criminal court procedures

 Ability to master and interpret legislation

 Sound knowledge of the use of standard office equipment and computer applications

 Ability to communicate clearly and concisely in writing and verbally

 Expert analytical, negotiating, interpersonal and organisational skills

 Ability to work under pressure

 Excellent legal research skills

HOW TO APPLY All applications for employment to the Public Service, including applications for transfer under the Employee Mobility Programme must be submitted to the address provided below by the job closing date. Agency: Judicial and Legal Services Commission c/o Department of Human Resources Simms Building Road Town, Tortola VG 1110 British Virgin Islands. Applicants should submit the Employment Application (available at: www.bvi.gov.vg); a Résumé/Curriculum Vitae of their relevant experience and qualifications; with two personal reference letters; certified copies of identification, citizenship, and academic certifications/diplomas/licenses, along with a police certificate from your place of residency. Applying through the Employee Mobility Programme: Applicants interested in transferring to the Public Service through the Employee Mobility Programme must submit the standard Employment Application (see above) along with the Employee Mobility Application (available at: www.bvi.gov.vg/services/emp. All sections of both forms must be thoroughly completed in order to prevent delays in processing applications. For more information about the Employee Mobility Programme, click www.bvi.gov.vg/services/emp. Important Notice: Qualified candidates who are considered for potential employment with the Government of the Virgin Islands may be requested to provide further criminal history record information. Evidence of a criminal conviction or other relevant information obtained shall not automatically disqualify an individual from employment with the Government of the Virgin Islands.