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Je wayajua Mahusiano ya Tanzania na Kisiwa cha Jersey

Discussion in 'Jukwaa la Siasa' started by Kuntakinte, Apr 20, 2008.

  1. Kuntakinte

    Kuntakinte JF-Expert Member

    Apr 20, 2008
    Joined: May 26, 2007
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    Waungwana katika pita pita yangu nimekutana na makala moja iliyoandaliwa na jamaa zetu wa USA.

    Kwa mujibu wa ripoti iitwayo International Narcotics Control Strategy Report, iliyotolewa hivi karibuni na Wizara ya Mambo ya Ndani ya nchi hiyo, kisiwa cha Jersey ni moja ya maeneo yaliyo rahisi kwa biashara haramu ya fedha na ambako wanasiasa na viongozi wengi wa umma hupata mwanya wa kuweka fedha zao 'haramu.'



    Tafakari kisha Jadili kuhusu "Vijisenti"

    Inapatikana hapa.
  2. n

    ngonga Member

    Apr 20, 2008
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    hii cha mtoto wewe google CORRUPTION INVOLVED JERSEY ISLAND ENGLAND halafu utaona mafisadi kwanini wanapenda kuweka pesa kwenye hiki kisiwa, jamani enhe wekeni thread kuhusu hiki kisiwa kuelezea kilivyokubuu kwa kuweka pesa za wizi.
  3. L

    Lifer Member

    Apr 22, 2008
    Joined: Jan 28, 2007
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    The Anti-Money Laundering ACT 2006 was enacted and is inforce. The Tanzania Financial Intelligence Unit (FIU) has also been established and the President has also appointed one BOT Fisadi by the name of Herman Mark Kessy as its first Commisioner. As I write this, the FIU is busy recruiting albeit not in a so open and competitive manner(apparently, personnel for the unit are appointed and they will only come from the public sector) this in my view is a recipe for failure.

    Every so often the Tanzanian government comes up with some profound plans to tackle this or that, they enact laws and establish agencies but then implementation is usually carried out so horribly that everything fails in the end. This FIU is a classic example of this. Why appoint people? I belive the FIU will be better served if they advertised job positions competitvely, that way they stand a chance of getting the best and brightest.

    Second, based on what I gathered from the ACT establishing the FIU, the FIU will be pretty much a toothless organization.They are only empowered to "recieve" "analyze" and "desseminate" information. This in my view will make the FIU a very passive agency.If we are serious about fighting economic and financial crimes,we need to take a foward-leaning approach The ACT should have given the FIU a more proactive role. How about amending the legislation so that it empowers the FIU to not only receive information, but also look for information, go after information, collect information"Gather" information. How about amending the legislation so that it empowers the FIU to prosecute/institute criminal proceedings.The way things are right now is if after analysis of recieved information it deems the information importatnt, the FIU can then disseminate "recived" infomation to relevant law enforcment agenices so that they can act upon it if they so wish. This is total BS!!
  4. Halisi

    Halisi JF-Expert Member

    Apr 23, 2008
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    This is JF.... Bravo... Sasa mambo ya kikubwa si UDAKU tena
  5. Mzalendo

    Mzalendo Senior Member

    Jul 2, 2008
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    BS indeed,How could i have missed this....

    Over a year ago march 18th Jackson Madzima, Researcher: Organised Crime and Money Laundering Programme, with ISS (The Institute for Security Studies) in Cape Town, SA, wrote an article on the ISS monogram titled :politics, Corruption and Money Laundering in Tanzania – An Unholy Trinity

    This is my take, and mine only.......

    There are 4 types of money laundering prosecution. There are, firstly, those "mixed" cases in which money laundering can be charged or included on an indictment in which the underlying proceeds -generating predicate offence is included.

    The subsets of this are:

    "Own proceeds" or "self laundering", where the defendant in a money laundering case may also be the author of the predicate crime;
    Laundering by a person or persons other than the author of the predicate offence.

    Secondly, there are those cases where money laundering is the sole charge capable of proof or the easiest charge to prove. Again, there are two subsets:

    "Own proceeds" laundering;
    Laundering by a person other than the author of the predicate offence.

    Proving that proceeds are the benefit of "criminal conduct" will usually be done by circumstantial evidence.

    Where money laundering offences are proceeded with on the same indictment as the underlying crimes, the underlying criminal conduct will be proved as part of the proceedings to the requisite standard. Where the money laundering proceedings are "stand alone" it is necessary to prove the underlying criminal conduct in the money laundering prosecution.

    It is not necessary in "stand alone" money laundering prosecutions to wait for a conviction in relation to the "criminal conduct" (i.e. the underlying or predicate offences giving rise to the criminal property).

    Prosecutors are not required to prove that the property in question is the benefit of a particular or a specific act of criminal conduct, as such an interpretation would restrict the operation of the legislation. The prosecution need to be in a position, as a minimum, to be able to produce sufficient “circumstantial evidence” or other evidence from which inferences can be drawn to the required criminal standard that the property in question has a criminal origin.

    Typically evidence of the criminal origin of proceeds may be provided in money laundering proceedings by:

    Accomplice evidence;

    Circumstantial evidence and/or other evidence;

    Evidence of complex audit trails, from which an accountancy expert may be able to conclude that the complexity of the transactions indicate that the property was the proceeds of crime. (Vijisenti on his offshore accounts). While this was not a money laundering prosecution, by analogy, it would seem permissible for a witness to give expert evidence that the facts lead him to the conclusion that the property was the proceeds of crime);
    Evidence of the unlikelihood of the property being of legitimate origin - Where the prosecution proves that Fida Hussein or Alfred Tibaigana has no legitimate explanation for possessing the property in question a jury may be willing to draw an inference that it is proceeds of crime.

    Now the question would be;

    Does money laundering investigation need the president’s approval before it commences?

    And who would be able start a money laundering investigation?

    for the first part the president approval already exists ,the ascent in 1992 by Hon Mwinyi on the Proceeds of Crimes Act 1991( money laundering provision on section 71) and 2007 by Hon kikwete on the Anti Money Laundering Act need for a commission what so ever.

    Although while interpreting law enforcement agency (Proceeds of Crimes Act 1991), the law states;
    ''Law enforcement agency'' means the Police Force, and including any person authorized in writing by the Inspector General of Police to perform investigative or monitoring duties under this Act;

    To my street lawyer’s ability in interpretation this says clearly that the police force are the spearhead of any issues concerning this act (not the Attorney General’s nor the PCCB not even the FIU) “unless” the IGP authorises. (FYI: ACP Kasala heads the financial crimes division at the police HQ he’s also the Deputy DCI)

    The law further interprets what a police officer is, and I quote;
    ‘‘Police officer'' means a, member of the police force of or above the
    Rank of corporal;
    My street ability in legal affairs suggests that any member of the police force can start a money laundering investigation or to be certain from the rank of corporal.
    Police Officer what is merely suggested here is you do your job which is just to” uphold the law”
  6. G

    Game Theory JF-Expert Member

    May 18, 2009
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    Hii thread nzuri sana hii..tukiendelea kuinarrow down naamini tutakubaliana kuwa kuuupiga vita ufisadi itabidi mpaka Queen of England naye atiwe ndani
  7. zumbemkuu

    zumbemkuu JF Bronze Member

    Jul 12, 2013
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    pesa za ufisadi na za biashara haramu ya madawa ya kulevya hufichwa huko.
  8. zumbemkuu

    zumbemkuu JF Bronze Member

    Nov 8, 2013
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    Thread kama hizi zinakimbiwa na vijana wa Lumumba,