Post on 08-Jul-2020
SETTING THE SCENESETTING THE SCENE
Shipment of ready-made garments
Freight prepaid and insurance taken out by shipper
Insured value in excess of US$4 million
Ten 40’ containers
Shipment of ready-made garments
Freight prepaid and insurance taken out by shipper
Insured value in excess of US$4 million
Ten 40’ containers
South East Asia –Singapore –Durban
South East Asia –Singapore –Durban
SETTING THE SCENESETTING THE SCENE
Containers landed at Durban
Private transport to Johannesburg
Containers landed at Durban
Private transport to Johannesburg
Empty containers turned in
Claim for theft of entire shipment
Empty containers turned in
Claim for theft of entire shipment
THE BUYERTHE BUYER
Did not order goods
No knowledge of shipper
Did not receive goods
Did not order goods
No knowledge of shipper
Did not receive goods
SHIPPING LINES’ AGENTSSHIPPING LINES’ AGENTS
Not prepared to co-operate
Liability insurers
Not prepared to co-operate
Liability insurers
THE BANKSTHE BANKS
Named as consignees
Received original documents, including Bills of Lading
Returned all documents to shipper’s bank
Named as consignees
Received original documents, including Bills of Lading
Returned all documents to shipper’s bank
THE CONTAINER TERMINALTHE CONTAINER TERMINAL
Container Terminal Orders (CTO’s) required for release of containers
CTO’s issued by shipping line’s agents
No documentation on file
Containers released in the normal manner
Container Terminal Orders (CTO’s) required for release of containers
CTO’s issued by shipping line’s agents
No documentation on file
Containers released in the normal manner
CUSTOMS DOCUMENTATIONCUSTOMS DOCUMENTATION
Bills of Entry
Intended to prevent release of containers before duties paid
Fraudulent Bills of Entry prepared and presented
Sole purpose of obtaining release of containers
Bills of Entry
Intended to prevent release of containers before duties paid
Fraudulent Bills of Entry prepared and presented
Sole purpose of obtaining release of containers
Single road transport broker
Telephonic delivery instructions
Multiple physical transporters
Deliveries undertaken on COD basis
Dishonoured cheque followed by cash payment
Single road transport broker
Telephonic delivery instructions
Multiple physical transporters
Deliveries undertaken on COD basis
Dishonoured cheque followed by cash payment
ROAD TRANSPORT BROKERSROAD TRANSPORT BROKERS
SCENE OF THE CRIMESCENE OF THE CRIME
Private house in Johannesburg
Short-term rental
Containers delivered to house and unpacked
Cartons removed by light delivery vehicles
Private house in Johannesburg
Short-term rental
Containers delivered to house and unpacked
Cartons removed by light delivery vehicles
POLICE INVESTIGATIONPOLICE INVESTIGATION
Initial contact unsuccessful
Task force established
Organised crime syndicate
Individuals involved known to task force
Unwilling to share further information
Initial contact unsuccessful
Task force established
Organised crime syndicate
Individuals involved known to task force
Unwilling to share further information
RESTATEMENT OF FACTSRESTATEMENT OF FACTS
Goods sold DP at sight
Shipper intended buyer to receive documents against payment
Containers shipped from South East Asia to South Africa via Singapore
Containers landed at Durban
Initial ‘sale’ fell through
Goods sold DP at sight
Shipper intended buyer to receive documents against payment
Containers shipped from South East Asia to South Africa via Singapore
Containers landed at Durban
Initial ‘sale’ fell through
RESTATEMENT OF FACTSRESTATEMENT OF FACTS
Containers uplifted and delivered to Johannesburg
Fraudulent Bills of Entry
Original Bills of Lading not released by banks
Inland deliveries COD
No firm evidence of buyers’ involvement
Containers uplifted and delivered to Johannesburg
Fraudulent Bills of Entry
Original Bills of Lading not released by banks
Inland deliveries COD
No firm evidence of buyers’ involvement
CONCLUSIONCONCLUSION
“The goods are long gone”
“The goods were sent exactly where they were intended to be sent”
“The goods are long gone”
“The goods were sent exactly where they were intended to be sent”