Asset Forfeiture in Botswana

From February 23-28, 2024, I had the opportunity to do four days of asset forfeiture training for police, corruption investigators, asset managers, and prosecutors in Gaborone, Botswana.¬† We covered — in some detail — the provisions of the Proceeds and Instruments of Crime Act (PICA) regarding Criminal, Administrative and Civil Forfeiture, and related provisions regarding preservation orders, evidence gathering tools, third party rights, and many other things

To be able to teach forfeiture law in this setting, I had to spend quite of bit of time learning  Botswana law, and was impressed by its substantive scope and procedural detail.  Indeed, the PICA is one of the more comprehensive asset forfeiture regimes in Africa.

The following are six of the lecture outlines that I used for the training course, which contain references to the Botswana statute and citations to illustrative U.S. cases on many points.

LECTURE 1 – Overview

LECTURE 2 – What is forfeitable

LECTURE 3 – Investigative Techniques

LECTURE 4 – Criminal Confiscation Orders

LECTURE 5 – Administrative Forfeiture

LECTURE 6 – Civil Forfeiture