Civil Recovery Of Criminal Property

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Civil Recovery of Criminal Property

Author : Colin King
Publisher : Oxford University Press
ISBN 13 : 0198824254
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Civil Recovery of Criminal Property by : Colin King

Download or read book Civil Recovery of Criminal Property written by Colin King and published by Oxford University Press. This book was released on 2023-08-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Follow-the-money' approaches are increasingly being adopted to tackle organised crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery -- like other civil/criminal hybrids -- straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a wide-ranging analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organised crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.

Civil Forfeiture of Criminal Property

Author : Simon N. M. Young
Publisher : Edward Elgar Publishing
ISBN 13 : 1848446217
Total Pages : 393 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Civil Forfeiture of Criminal Property by : Simon N. M. Young

Download or read book Civil Forfeiture of Criminal Property written by Simon N. M. Young and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this work is an important contribution to the global discourse on pursuing property, money or resources linked to crime. Michelle Gallant, Journal of Business Law Informed and informative, Civil Forfeiture of Criminal Property is a seminal work of impressive scholarship and strongly recommended for professional, academic, and governmental judicial studies collections in general, and criminal justice reference collections in particular. Library Bookwatch, Midwest Book Review This book is interesting because there is a dearth of writing on the subject. It must be read for that reason. Sally Ramage, The Criminal Lawyer Once called the monster that ate jurisprudence , civil forfeiture is now an established weapon in the fight against organized crime, terrorism, drug trafficking and corruption. This fine collection of essays covering civil forfeiture regimes in ten diverse jurisdictions, written by leading practitioners, provides a comprehensive and detailed overview of the jurisprudential, legal, political and practical dimensions of the new generation of these powerful and controversial laws. I commend this book to criminal, civil, comparative and human rights lawyers who have an interest in how serious and profit-motivated crime, and responses to it, develop over time and in different legal cultures. Arie Freiberg, Monash University, Australia In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds. This book will be of great interest to policy-makers in government, and law enforcement agencies who are thinking of reforming their own laws, as well as to law reform agencies or select parliamentary committees where the issue of reform is topical. It will also appeal to students in criminal law, criminology and human rights.

Stolen Asset Recovery

Author :
Publisher : World Bank Publications
ISBN 13 : 082137902X
Total Pages : 284 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Stolen Asset Recovery by :

Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Civil Recovery of Criminal Property

Author : Colin King
Publisher : Oxford University Press
ISBN 13 : 0192557556
Total Pages : 241 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Civil Recovery of Criminal Property by : Colin King

Download or read book Civil Recovery of Criminal Property written by Colin King and published by Oxford University Press. This book was released on 2023-07-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Follow-the-money' approaches are increasingly being adopted to tackle organized crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery—like other civil/criminal hybrids—straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a comprehensive analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organized crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.

Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation, and Civil Recovery

Author : Ian Smith
Publisher : OUP Oxford
ISBN 13 : 9780199298983
Total Pages : 0 pages
Book Rating : 4.2/5 (989 download)

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Book Synopsis Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation, and Civil Recovery by : Ian Smith

Download or read book Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation, and Civil Recovery written by Ian Smith and published by OUP Oxford. This book was released on 2007-04-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive work, previously published by LNUK, is now available in looseleaf format with regular updates (approximately two per year). It covers the expanding law and practice of Asset Recovery in the domestic, European, and international spheres.

Asset Recovery Handbook

Author : Jean-Pierre Brun
Publisher : World Bank Publications
ISBN 13 : 1464816174
Total Pages : 348 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Asset Recovery Handbook by : Jean-Pierre Brun

Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

Asset Forfeiture Law in the United States - Second Edition

Author : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233658
Total Pages : 932 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Asset Forfeiture Law in the United States - Second Edition by : Stefan D. Cassella

Download or read book Asset Forfeiture Law in the United States - Second Edition written by Stefan D. Cassella and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.

Money Laundering and the Proceeds of Crime

Author : Mary Michelle Gallant
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781958094
Total Pages : 176 pages
Book Rating : 4.9/5 (58 download)

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Book Synopsis Money Laundering and the Proceeds of Crime by : Mary Michelle Gallant

Download or read book Money Laundering and the Proceeds of Crime written by Mary Michelle Gallant and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pursuit of the financial proceeds of criminal activity has become a central theme of contemporary crime control. Initially conceived to tackle the global trade in illegal drugs, these methods have been more recently employed in the context of terrorism. This work offers a judicious account of the national and international strategies which seek to cope with crime by attacking its financial underpinnings. The book focuses on the increasingly civil legal orientation of these strategies - a sea change from criminal prosecutions to civil legal instruments. The author focuses on developments of the civil strategy in the US and the UK beginning with its historical origins. The work reveals the contradictions that animate the civil approach to criminal finance and discloses the failure of civil devices, as presently constituted, to comply with rights. It bridges the gap between two jurisdictions prominent in this area; the United States and the United Kingdom. This comparative element distinguishes the project from other work in the field that focuses on a single jurisdiction. Critical in its perspective, the work brings balance and reflection to an emergent area of national and international interest.

The Confiscation Manual

Author : James O'Hara
Publisher :
ISBN 13 : 9780414033542
Total Pages : 500 pages
Book Rating : 4.0/5 (335 download)

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Book Synopsis The Confiscation Manual by : James O'Hara

Download or read book The Confiscation Manual written by James O'Hara and published by . This book was released on 2015-09-23 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Confiscation Manual' provides a straightforward and complete but concise guide to confiscation which can be used across the spectrum of those confronted with applications for the recovery of the proceeds of crime, whether they be corporate entities or individuals.

Millington and Sutherland Williams on The Proceeds of Crime

Author : Trevor Millington
Publisher : Oxford University Press, USA
ISBN 13 : 0199566127
Total Pages : 857 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Millington and Sutherland Williams on The Proceeds of Crime by : Trevor Millington

Download or read book Millington and Sutherland Williams on The Proceeds of Crime written by Trevor Millington and published by Oxford University Press, USA. This book was released on 2010-02-25 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Proceeds of Crime, this new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on the release of restrained funds to meet legal expenses following the decisions of the Court of Appeal in Briggs-Price v RCPO and the rights of innocent spouses in the matrimonial home in Gibson v RCPO. It also covers changes in regulation and enforcement including an examination of the future of civil recovery following the abolition of the Assets Recovery Agency and the transfer of its power to the Serious Organized Crime Agency. The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988.

Asset Recovery Handbook

Author : Jean-Pierre Brun
Publisher : World Bank Publications
ISBN 13 : 9780821386354
Total Pages : 282 pages
Book Rating : 4.3/5 (863 download)

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Book Synopsis Asset Recovery Handbook by : Jean-Pierre Brun

Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2011-01-18 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is designed as a 'how-to' manual that guides practitioners as they grapple with the strategic, organizational, investigative, and legal challenges of recovering assets that have been stolen by corrupt leaders and hidden abroad.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bad Business Practice

Author : Harding, Christopher
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439735
Total Pages : 296 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Bad Business Practice by : Harding, Christopher

Download or read book Bad Business Practice written by Harding, Christopher and published by Edward Elgar Publishing. This book was released on 2022-02-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.

Civil Remedies and Crime Prevention

Author : Lorraine Green Mazerolle
Publisher : Criminal Justice Press
ISBN 13 : 9781881798194
Total Pages : 350 pages
Book Rating : 4.7/5 (981 download)

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Book Synopsis Civil Remedies and Crime Prevention by : Lorraine Green Mazerolle

Download or read book Civil Remedies and Crime Prevention written by Lorraine Green Mazerolle and published by Criminal Justice Press. This book was released on 1998-01-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the social, legal and political issues raised by the use of civil remedies and contains as well a series of evaluative reports covering current civil remedies practices in the USA, England and Australia.It examines the reasons behind the rapid development and acceptance of civil remedies for crime control purposes; the linkages between civil remedy practices and theories underlying other crime prevention and control initiatives; and the critical dimensions of civil remedy tactics.Australian contributions are by Sharyn Roach Anleu on the Role of Civil Sanctions in Social Control; and by Rob White on Curtailing Youth, a critique of coercive crime prevention.

Dirty Assets

Author : Colin King
Publisher : Routledge
ISBN 13 : 1317150457
Total Pages : 372 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Dirty Assets by : Colin King

Download or read book Dirty Assets written by Colin King and published by Routledge. This book was released on 2016-05-23 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.

Corruption, Asset Recovery, and the Protection of Property in Public International Law

Author : Radha Ivory
Publisher : Cambridge University Press
ISBN 13 : 1316061590
Total Pages : 407 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Corruption, Asset Recovery, and the Protection of Property in Public International Law by : Radha Ivory

Download or read book Corruption, Asset Recovery, and the Protection of Property in Public International Law written by Radha Ivory and published by Cambridge University Press. This book was released on 2014-08-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.