Eurojust continued to provide support and advice to national authorities across the full life cycle of the asset recovery process, from tracing, freezing, confiscating and disposal of assets. This support included supporting national authorities with issues in relation to the application of the Regulation on the Mutual Recognition of Freezing Orders and Confiscation Orders. Issues covered include recognition and execution of freezing and confiscation certificates, victims’ rights, and affected persons’ rights.

In 2022, Eurojust contributed to the freezing of criminal assets worth almost EUR 3 billion and the seizure of drugs worth almost EUR 12 billion.

Throughout 2022, Eurojust monitored the relevant case law of the CJEU in the asset recovery area.

Asset recovery issues arising from Eurojust casework

A number of issues arose through Eurojust’s casework related to assets recovery in 2022. These included questions surrounding the scope of the Regulation, the restitution of frozen property to the victim, and exceptional costs.

Eurojust’s contribution to the EU Freeze and Seize Task Force

Since March 2022, Eurojust has actively participated in the EU Freeze and Seize Task Force set up by the European Commission to ensure the efficient implementation of EU sanctions against listed Russian and Belarussian oligarchs across the EU. Eurojust provides operational support to the Task Force by coordinating Member States’ enforcement of Union sanctions through criminal law (see Eurojust’s response to the war in Ukraine).

Proposals for new EU Directives on asset recovery and the violation of Union restrictive measures

In May 2022, the Commission launched a proposal for a Directive on asset recovery and confiscation. The aim of the proposal is to update the existing legal framework, and to facilitate and ensure effective asset recovery and confiscation efforts across the Union. The Directive will also ensure the effective tracing, freezing, management and confiscation of proceeds derived from the violation of Union restrictive measures.

The Directive’s legislative procedure was ongoing throughout 2022. In December 2022, Eurojust was invited by the European Parliament Rapporteur responsible for the Directive to provide written input on the Commission’s proposal. The Agency’s input concerned the cooperation between asset recovery/management offices with EU bodies and agencies, including Eurojust.

The Directive’s proposal states that asset recovery offices should cooperate with Eurojust and Europol for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order issued by a competent authority in the course of criminal proceedings. Cooperation with Eurojust and Europol should also take place where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.

In December 2022, the Commission launched a proposal for a Directive on criminal offences and penalties for the violation of Union restrictive measures, which encompasses freezing and confiscation measures. The Directive’s proposal states that Eurojust should cooperate with Member States’ authorities, Europol, EPPO, and the Commission in the fight against criminal offences related to the violation of Union restrictive measures. To this end, Eurojust should provide technical and operational assistance in order to facilitate the coordination of investigations and prosecutions by the competent authorities.

Eurojust was consulted by the European Commission on the Directive proposal in September 2022, concerning the offences, penalties, jurisdiction rules, and provisions on cross-border cooperation.

Eurojust helps return historic painting by Artemisia Gentileschi to Italy

Crime: A historic 17th-century painting, estimated at over EUR 2 million, by the Italian baroque painter Artemisia Gentileschi, is transferred to Austria where it is due to be auctioned. The suspects obtained an export license from the Italian Ministry of Culture in 2019, by disguising the painter's identity and underestimating its true value.

Action: Following the cancellation of the export license by the Ministry of Culture, two suspects are investigated for fraud and attempts to illegally sell the painting in Austria by the Public Prosecutor's Office of Bari.

Result: Thanks to the judicial cooperation facilitated by Eurojust, the painting is seized at the auction house by the Austrian Police, with the assistance of the Italian embassy in Austria. The painting is successfully returned to Italy.

Eurojust's Role: Eurojust provides rapid assistance through its Italian and Austrian National Desks by supporting the execution of an EIO and a freezing certificate at the request of the judicial authorities in Bari.

Major operation against call centre fraud: 108 persons detained in Latvia and Lithuania

Crime: An OCG commits large-scale call centre fraud and money laundering. The OCG approaches victims by phone, promising high returns on investments in cryptocurrencies, commodities and foreign currencies. Up to 200 fake traders proficient in English, Hindi, Polish and Russian are used to defraud victims in various countries. The suspects allegedly make illegal gains estimated at more than EUR 3 million per month.

Action: Eurojust supports the establishment and funding of a JIT involving judicial and law enforcement authorities from Latvia and Lithuania. During two action days in March 2022, hundreds of law enforcement officers search and dismantle three call centres belonging to the OCG in Riga and Vilnius. With support from Eurojust and Europol, the coordinated operation enables the authorities in Latvia and Lithuania to detain 108 persons (80 in Latvia and 28 in Lithuania).

Result: During the two action days, funds and bank accounts are frozen. Cash and luxury vehicles are also seized, as well as cryptocurrencies with an estimated value of EUR 95 000.

Eurojust's Role: In addition to setting up the JIT within just a week, Eurojust helps to prepare the operation by organising a first coordination meeting at very short notice, followed by two further meetings to discuss the next investigative steps. As it becomes clear that Polish citizens are also victims of this fraud, Eurojust supports the extension of the JIT in December 2022 to involve the Polish authorities. Eurojust's support to the investigations into this case is still ongoing.