The Head of the JFCU is a Detective Inspector who reports directly to senior officers of the States of Jersey Police, with reporting to senior officers of JCIS carried out by the JFCU Senior Customs Officer.
The Head of the JFCU is Detective Inspector Dave Burmingham, who has overall responsibility for the management of financial intelligence and operational investigations.
His career started with Surrey Police and has involved operational and management roles in emergency response, community policing and crime investigation. Dave held division CID command roles before moving to Jersey in 2006.
Dave, is a qualified Senior Investigating Officer, Critical Incident Manager and Firearms CADRE. He sits on the Egmont Group of Financial Intelligence Units, and is Jersey’s Law Enforcement Contact for the CARIN Asset Recovery Inter-Agency Network.
The JFCU is divided into 3 sections:
- Drugs Trafficking Confiscation
The Intelligence team is Jersey's Financial Intelligence Unit (FIU).
The Island requires an FIU in order to comply with Anti Money Laundering (AML) and Counter Terrorist Financing (CFT) Recommendations issued by the Financial Actions Task Force (FATF) – Recommendation 29 requiring that:
“Countries should establish an FIU that serves as a national centre for the receipt and analysis of: (a) suspicious transaction reports; and (b) other information relevant to money laundering, associated predicate offences and terrorist financing, and for the dissemination of the results of that analysis...."
When SARs are received an initial assessment is made with respect to issues such as the granting of consent to proceed with transactions or continue with a relationship (such consent being required by local legislation in order to protect institutions against criminal charges of money laundering). Further analysis will determine how the intelligence is developed and this may include disseminating it on an intelligence basis, typically to an equivalent overseas FIU, where this is appropriate and permitted by legislation. Any such dissemination is completed on a sanitised basis with strict conditions on how such information may be handled and subsequently processed.
In addition to dealing with SARs, the Intelligence team also receives and responds to requests for assistance (RFAs), typically from overseas FIUs on AML / CFT enquiries, as well as miscellaneous information reports (MIRs) from a variety of sources.
The number of SARs has increased over recent years.
2014 SARs were processed by the Intelligence team in 2013, representing an increase of 15% on the previous year.
The Operations team is responsible for carrying out criminal investigations into serious and complex fraud, often but not always originating from the development of SARs. The majority of work is undertaken in conjunction with the Law Officers’ Department (LOD), and powers exercisable by the Attorney General within the Investigation of Fraud (Jersey) Law 1991.
Owing to the complexity of such investigations, including extensive overseas connections, these are very often protracted and significant in terms of the volumes of documentary and electronic evidence obtained. They are also expensive to resource for the Island, with the services of appointed lawyers, forensic accountants and other professionals being necessary.
High profile convictions arising from investigations involving the Operational team and LOD include that of local accountant Peter Michel and Indian businessman Raj Bhojwani for a number of money laundering offences.
Drugs Trafficking Confiscation
JCIS officers undertake specialised investigations required to confiscate the realisable assets of those who have been convicted for drug trafficking offences. In addition, they oversee all cash seizures made under the Proceeds of Crime (Cash Seizure) (Jersey) Law 2008.
One important aspect of JFCU work is dealing with the responses to Liaison Notices which are sent out to the industry following an individual having been charged with a drug trafficking offence. Such responses very often quickly identify where illegitimate funds exist, or have existed, and are extremely valuable in assisting with restraining and later confiscating funds, as well as providing investigative avenues to help determine to what extent such individuals have benefited financially from their criminal activities.
Specialist and Administrative Support
JFCU have 2 specialist Analysts and 1 Accountant who provide support to the Intellignce, Operations and Drug Trafficking teams, as well as regular management information.
The receipt and processing of SARs and RFAs requires significant administrative support, in terms of database maintenance and formal responses to SARs. This is particularly important with the issue of consent – once an institution has formed a suspicion and reported it to the JFCU, a formal response on the issue of consent is often sought as a matter of urgency. The administrative function is therefore vital in ensuring such processes flow smoothly and that there are no unnecessary delays.
Administrative staff carry out other functions such as background checks, communication with outside agencies, and are the first point of contact for generic approaches to the JFCU.
Close working with the LOD has already been mentioned from an operational perspective. Owing to the overseas connections of the majority of SARs and subsequent jurisdictional issues that may arise, there is also frequent dialogue between the Intelligence team and the LOD, with the LOD being the office in Jersey responsible for receiving and processing formal Letters of Request from overseas. Drugs Trafficking Confiscation staff also have frequent communication with the LOD to formally restrain (via a “saisie judiciarie”) assets prior to any eventual confiscation. Such processes are conducted in the Royal Court upon application by the Attorney General and hence the involvement of the LOD.
There is a significant overlap with certain aspects of the regulatory work of the Jersey Financial Services Commission (JFSC) and there is a close working relationship between the JFSC and JFCU. The JFCU are in frequent communication with a large number of financial institutions locally who are regulated by the JFSC; while the vast majority cause no concern, there are at times issues which require the joint consideration of more than one agency and the JFCU, JFSC and LOD meet regularly on a tripartite basis to discuss matters of mutual interest.
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