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Confiscation And Civil Recovery
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Book Synopsis Confiscation and Civil Recovery by : Heather-Mairi Carmichael
Download or read book Confiscation and Civil Recovery written by Heather-Mairi Carmichael and published by Sweet & Maxwell. This book was released on 2010-11-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides detailed guidance on the confiscation and civil recovery regimes in Scotland under the Proceeds of Crime Act 2002. It explains the provisions of the 2002 Act.
Book Synopsis Asset Recovery by : Richard G. Smith
Download or read book Asset Recovery written by Richard G. Smith and published by Bloomsbury Professional. This book was released on 2003-01-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work covers all aspects of asset recovery; from the role of the new Criminal Assets Recovery Agency and other law enforcement agencies, to taxation issues and compensation claims. It covers the new legislation on the proceeds of crime and offers comprehensive coverage of the subject. Legal professionals specialising in criminal and civil fraud, commercial litigators and compliance professionals will find this work invaluable."
Book Synopsis Money Laundering Law by : Peter Alldridge
Download or read book Money Laundering Law written by Peter Alldridge and published by Hart Publishing. This book was released on 2003-01-14 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading text on money laundering law in the UK and EU.
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.
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.
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.
Book Synopsis Money Laundering Law by : Peter Alldridge
Download or read book Money Laundering Law written by Peter Alldridge and published by . This book was released on 2003 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1980, action in respect of the profits of crime has moved rapidly up the criminal justice agenda. This book examines critically the history, theory and practice of such development, culminating in the Proceeds of Crime Act 2002.
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.
Download or read book Asset Recovery written by Ian Smith and published by Butterworths. This book was released on 2003 with total page 1590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two specialist commercial fraud lawyers from Irwin Mitchell, this work covers all aspects of asset recovery; from the role of the Criminal Assets Recovery Agency and other law enforcement agencies, to taxation issues and compensation claims. It also covers the legislation on the proceeds of crime and offers comprehensive coverage of the subject including the Financial Services Markets Act 2000. Legal professionals specializing in criminal and civil fraud, commercial litigators and compliance professionals should find this work valuable.
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.
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.
Book Synopsis The Limits of Asset Confiscation by : Johan Boucht
Download or read book The Limits of Asset Confiscation written by Johan Boucht and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.
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.
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.
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.
Book Synopsis Recovering Stolen Assets by : Mark Pieth
Download or read book Recovering Stolen Assets written by Mark Pieth and published by Peter Lang. This book was released on 2008 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.
Book Synopsis Chasing Criminal Money by : Katalin Ligeti
Download or read book Chasing Criminal Money written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
