Transnational Crimes: Advocate Mugero Jesse

TRANSNATIONAL Advocate Mugero Jesse
CRIMES
The United Nations Convention against Transnational Organized Crime defines organized
crime groups broadly, encompassing most forms of profit-motivated crime.
Key findings from a threat assessment in the East African region by UNODC
Transnational organized crime in Eastern Africa is a product of both illicit markets that span
continents and an underlying weakness in the rule of law
Due to conflict and poverty, Eastern Africa produces a large and vulnerable stream of
smuggled migrants, who are abused and exploited at multiple stages of their journey.
24/02/2022 JMUGERO@UCU.AC.UG 2
EXAMPLES OF
TRANSNATIONAL CRIMES
Corruption
Money Laundering
Wildlife Crimes
Human Trafficking
Drug Trafficking
….etc
CORRUPTION
See link to the criminal cases on Prosecution successfully prosecuted by the
Inspectorate of Government
https://www.igg.go.ug/cases/concluded/criminal/?page=3
See link to the Anti corruption Act
https://ulii.org/akn/ug/act/2009/6/eng@2015-11-11
OFFENCES UNDER THE ANTI
CORRUPTION ACT
Purpose of the Act: An Act to provide for the effectual prevention of corruption in
both the public and the private sector, to repeal and replace the Prevention of
Corruption Act, to consequentially amend the Penal Code Act, the Leadership Code
Act and to provide for other related matters.
S. 3,4,5,6,7,8,12,13
Corrupt transactions with Agents
4. Corruptly procuring tenders
5. Bribery of a public official
6. Diversion of public resources
8. Influence peddling
9. Conflict of interest
10. Loss of public property
11. Abuse of office
12. Sectarianism
13. Nepotism
19. Embezzlement
20. Causing financial loss
21. Fraudulent disposal of trust property
31. Illicit enrichment
(1) The Inspector General of Government or the Director of Public Prosecutions or an authorised officer, may
investigate or cause an investigation of any person where there is reasonable ground to suspect that the person—
(a) maintains a standard of living above that which is commensurate with his or her current or past known sources of
income or assets; or
(b) is in control or possession of pecuniary resources or property disproportionate to his or her current or past known
sources of income or assets.
(2) A person found in possession of illicitly acquired pecuniary resources or property commits an offence and is
liable on conviction to a term of imprisonment not exceeding ten years or a fine not exceeding two hundred and
forty currency points or both.
(3) Where a court is satisfied in any proceedings for an offence under subsection (2) that having regard to the
closeness of his or her relationship to the accused and to other relevant circumstances, there is reason to believe that
any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or
acquired such resources or property as gift or loan without adequate consideration, from the accused, those resources
or property shall, until the contrary is proved, be deemed to have been under the control or in possession of the
accused.
(4) In any prosecution for corruption or proceedings under this Act, a certificate of a Government Valuer or a
valuation expert appointed by the Inspector General of Government or the Director of Public Prosecutions as to the
value of the asset or benefit or source of income or benefit is admissible and is proof of the value, unless the contrary
is proved.
Uganda v Namuyimba & Anor (CRSC-2011/102)
The two accused persons Shanita Namuyimbwa alias Bad Black (A1) and her co accused
Meddie Ssentongo were indicted as follows; In Count No.1 Shanita Namuyimbwa was
singularly indicted for the offence of Embezzlement contrary to s. 19 of the Anti Corruption
Act 0f 2009. In Count No.2 and Count No.3 Shanita Namuyimbwa and Ssentongo Meddie
were indicted for Conspiracy to Defraud Contrary to s. 309 of the Penal Code Act Cap 120.
In order to prove the offence of Embezzlement as charged, the prosecution is required to
prove the following ingredients beyond reasonable doubt.
That the person is a Director, Officer or employee of a company or corporation

That the person steals a chattel, money or valuable security
That the person receives or takes into his possession by himself such chattel, money or
valuable property on account of his employment.
the ingredients of the offence of Conspiracy to defraud are as follows:
Existence of two or more persons.

Agreement to pursue an unlawfully purpose. It does not matter if the purpose is criminal or
amounts to a civil wrong.
Link to the entire case https://ulii.org/ug/judgment/high-court-uganda/2012/124
MONEY LAUNDERING
Legitimizing money from organized or other crime by paying it through normal business
channels. (Oxford Law Dictionary Page 357)
The process of laundering money typically involves three steps: placement, layering, and
integration.
Placement puts the "dirty money" into the legitimate financial system.
Layering conceals the source of the money through a series of transactions and bookkeeping
tricks.
In the final step, integration, the now-laundered money is withdrawn from the legitimate
account to be used for whatever purposes the criminals have in mind for it.
(source: https://www.investopedia.com/terms/m/moneylaundering.asp )
Placement
Cash businesses – adding the cash gained from crime to the legitimate takings. This works
best in business with little or no variable costs, such as car parks, strip clubs, tanning
studios, car washes, and casinos.
False invoicing – putting through dummy invoices to match cash lodged, making it look
like payment in settlement of the false invoice
Smurfing – lodging small amounts of money below the AML reporting threshold to bank
accounts or credit cards, then using these to pay expenses etc.
Trusts and offshore companies – useful for hiding the identity of the real beneficial owners.
Foreign bank accounts – physically taking small amounts of cash abroad, below the
customs declaration threshold, lodging in foreign bank accounts, then sending back to the
country of origin.
Aborted transactions – funds are lodged with a lawyer or accountant to hold in their client
account to settle a proposed transaction. After a short time, the transaction is aborted. Funds
are repaid to the client from an unimpeachable source
Layering
Layering is essentially the use of placement and extraction over and over again, using
varying amounts each time, to make tracing transactions as hard as possible.
(source:
https://www.icas.com/professional-resources/anti-money-laundering-resources/latest-develo
pments/aml-awareness-three-stages-of-money-laundering
)
Integration / Extraction
The final stage is getting the money out so it can be used without attracting attention from
law enforcement or the tax authorities. In this regard, criminals are often content to pay
payroll and other taxes to make the “washing” more legitimate and are often happy with a
50% “shrinkage” in the wash.
Fake employees - a way of getting the money back out. Usually paid in cash and collected
Loans - to directors or shareholders, which will never be repaid
Dividends - paid to shareholders of companies controlled by criminals
The Financial Intelligence Authority of Uganda (https://www.fia.go.ug/about/who-we-are)
Anti Money Laundering Act and the Regulations thereunder
https://www.fia.go.ug/enabling-laws-regulations
WILDLIFE CRIMES
Legislation
https://www.ugandawildlife.org/phocadownload/legal-and-corporate-affairs/wildlife-
act-2019.pdf
Uganda’s wildlife is a huge earner of revenue yet constantly under attack from
poachers and other related issues .
https://www.ugandawildlife.org/news-events/news/tag/Poaching
https://www.ugandawildlife.org/news-events/news/poachers-arrested-for-killing-gori
lla
What Drives Wildlife Crimes in Uganda?
Cultural Traditions Surrounding Natural Resources for example, some
people around Queen Elizabeth National Park believe that a new bride will not conceive
until she has consumed hippo meat.
Corruption Within Enforcement Agencies for example, Some officials of the relevant
authorities such as the Ugandan Wildlife Authority (UWA), police and the Uganda Revenue
Authority (URA) have sometimes been guilty of colluding in the commission of organised
wildlife crimes.
Conflict in Neighbouring Countries
Market Demand
Poverty
Increased Population Pressure
Report on taking action against wildlife crime in Uganda
https://pubs.iied.org/sites/default/files/pdfs/migrate/17604IIED.pdf
Police officers arrested for Poaching

https://www.upf.go.ug/five-arrested-for-poaching/ and
https://www.independent.co.ug/poaching-police-updf-officers-arrested/
One of the purposes of the wildlife act is the protection of rare, endangered and endemic
species of wild plants and animals; Identify the related crimes from your reading of the
Act
HUMAN TRAFFICKING
Trafficking in Persons is defined as
Recruitment, transfer harboring or receipt of persons
By means of the threat or use of force or other means of coercion, of the giving or
receiving of payments or benefits to achieve the consent of a person having control
over another person
For the purpose of exploitation
Definition from the Prevention of Trafficking in Persons Act 2009
Legislation against Trafficking in Persons
UN Convention against Transnational Organised Crime (Which under articles 6 -13 gives
state parties an obligation to domesticate the protocol with legislation against human
trafficking)
The Prevention of Trafficking in Persons Act
The Regulations to the Prevention of Trafficking in Persons Act
Link to the key legislation
https://www.traffickingmatters.com/wp-content/uploads/legal-resources/uganda/Uganda-TI
P-Resource-Booklet-2018.pdf
Other key resources

https://www.traffickingmatters.com/wp-content/uploads/legal-resources/uganda/Uganda-TI
P-Report-2017-18.pdf
and
https://www.traffickingmatters.com/wp-content/uploads/legal-resources/uganda/Uganda-PT
IP-Act-Chart.pdf
HOW DOES TRAFFICKING IN
PERSONS OCCUR?
How do you identify the 3 ingredients of the offence?
1. Recruitment, Transfer and Destination
Recruitment (By internet, Newspapers, face to face contacts), false or deceptive
promises, use of force or abduction, abuse of power or position of vulnerability,
payment and receipt of money or gifts
Transfer
(On Land, Sea, air, foot, vehicle etc) Movement of victim from one place to another, within
the country or across national borders, a one go mission r through several transit points
Destination
(In homes, factories, bushes, farms, shrines, hospitals etc) Or a combination of the afore
mentioned forms of exploitation
CONTROL MECHANISM USED
BY TRAFFICKERS
Debt bondage
Isolation through removal of identification documents
Use of violence or fear or threats
EXAMPLES OF ACTS THAT
MAY RESULT INTO OFFENCES
OF HUMAN TRAFFICKING
Labour exploitation
Sexual exploitation
Forced or Child Marriage
Use in illegal activities (Adult or Child)
Removal of body organs
Human Sacrifice
LEGAL PROVISIONS AGAINST HUMAN
TRAFFICKING AND OTHER RELATED
OFFENCES (PTIP ACT)
Trafficking in Persons – 15 years imprisonment
Aggravated Trafficking in Persons – Life imprisonment
Trafficking in Children – Death
Engaging the labour or service of a victim of TiP- 10 years imprisonment
Promoting trafficking in persons – 5 years imprisonment or fine of 120 currency
points or both
Other offences related - 5 years imprisonment or fine of 120 currency points or both
Failure to disclose conviction under the act – 3 years imprisonment or fine not exceeding
3,000 currency points or both
Duty to report trafficking in persons - 6 months imprisonment or fine not exceeding 5,000
currency points or both
HUMAN TRAFFICKING V
SMUGGLING
While the aim of people smuggling is the unlawful cross-border transport in order to
obtain, directly or indirectly, a financial or other material benefit, the purpose of
trafficking in human beings is exploitation
Trafficking in human beings does not necessarily involve crossing a border, it can
take place within a country.
COUNTER MEASURES TO
TRAFFICKING IN PERSONS
Detection, Investigations and Prosecutions
Protection and support of TiP victims
Prevention of TiP
Partnerships
Report by the Human Trafficking Institute on Prosecution led trafficking in persons
https://www.traffickinginstitute.org/wpcontent/uploads/2020/06/HTI-Best-Practices-
Manual-WEB-High-Res-1.pdf
Uganda v Orwothwun (Criminal Session Case-2017/52)
For the accused to be convicted of Aggravated Trafficking in Children c/s 5 (f) of The
Prevention of Trafficking in Persons Act, the prosecution must prove each of the following
essential ingredients beyond reasonable doubt;
That the victim in each count was a child.

The victims were used or any of their body parts was used in witchcraft or harmful rituals
and related harmful human practices.
That it is the accused who used the victims or any body parts of theirs in such practices.
DRUG TRAFFICKING
A very lucrative yet unlawful industry that also has a huge cost to the economy of
Uganda
https://www.monitor.co.ug/uganda/news/national/ugandans-top-drug-smugglers-inte
rpol--1752926
And https://www.upf.go.ug/police-arrests-7-over-drug-trafficking/
Key resources for the discussion
National Drug Policy and Authority Act (Chapter 206)
https://ulii.org/akn/ug/act/statute/1993/13/eng@2016-02-15
Narcotic Drugs and Psychotropic Substances (Control) Act, 2016

https://ulii.org/akn/ug/act/2016/3/eng@2016-02-05
Identify the offences in the Legislation and penalties therein
Uganda v Lutoti & 2 Ors (HCT-04-CR-CN-0020-2011)
Charged under 4 counts
Counter (i): Carrying on business of a Pharmacist without Licence c/s 14 (3) of the National
Drug Policy Act .
Count (ii): Supply of restrict drugs without a general Limited Certificate c/s 16 (1) (a) and
60 (1) (a) (c) (d) and (e) of the National Drug Policy Act .
Count (iii): Possession of classified drugs c/s 27 (2) of the National Drug Policy Act .
Count (iv): Possession of Narcotics c/s 47 (1) and 60 (a) (c) (d) and (e) of the National Drug
Policy Act.
When they checked the premises they found classified medicine. There was no
licence on display, no Certificate of suitability of premises was on display, these two
had to be displayed for identification purposes. He testified that the restricted drugs
found included class A, B and C drugs. For class ‘B’ they found metronidazole
tablets and class ‘A’ codeine.
In my view that is a misunderstanding of the operation of evidential burden. If X enters a
bus from Jinja to Kampala and pays the conductor shs. 2000/= but is not given a ticket.
When an Inspector stops the bus and asks passengers for their tickets, and X gulps “but I
paid 2000/= to the conductor and no receipt was yet given; but I have travelled anyway.” Is
it the Inspector to call the conductor to clear the matter, or the passenger who alleges so? In
my view section 101,102, 103 and 104 of the Evidence Act would operate here so as to
inform us that he who asserts the existence of a set of facts must lead evidence to prove
them to be so. Respondents had the burden to call evidence for themselves to prove that the
payment of fees amounted to a licence. In absence of such evidence, the prosecution’s case
is water tight that they had no licence.
Moreover PW.1 was an Inspector currently liable for the region whom even A.2 insisted had
inspected the premises. He told court that even if one had paid fees it was not proof of the
licence.

Transnational Crimes: Advocate Mugero Jesse

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TRANSNATIONAL Advocate Mugero Jesse

That the person is a Director, Officer or employee of a company or corporation

Existence of two or more persons.

Link to the entire case https://ulii.org/ug/judgment/high-court-uganda/2012/124

Police officers arrested for Poaching

Definition from the Prevention of Trafficking in Persons Act 2009

Other key resources

Isolation through removal of identification documents

Use of violence or fear or threats

That the victim in each count was a child.

Narcotic Drugs and Psychotropic Substances (Control) Act, 2016

Identify the offences in the Legislation and penalties therein

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