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

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Author :
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

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Author :
Publisher : Bloomsbury Professional
ISBN 13 : 9781845923860
Total Pages : 568 pages
Book Rating : 4.9/5 (238 download)

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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."

Asset Recovery

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Author :
Publisher : Butterworths
ISBN 13 : 9780406946461
Total Pages : 1590 pages
Book Rating : 4.9/5 (464 download)

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Book Synopsis Asset Recovery by : Ian Smith

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.

The Illicit Trade in Art and Antiquities

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509905456
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Illicit Trade in Art and Antiquities by : Janet Ulph

Download or read book The Illicit Trade in Art and Antiquities written by Janet Ulph and published by Bloomsbury Publishing. This book was released on 2015-11-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.

Stolen Asset Recovery

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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.

Criminal and Quasi-criminal Enforcement Mechanisms in Europe

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932887
Total Pages : 440 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Criminal and Quasi-criminal Enforcement Mechanisms in Europe by : Vanessa Franssen

Download or read book Criminal and Quasi-criminal Enforcement Mechanisms in Europe written by Vanessa Franssen and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.

Civil Forfeiture of Criminal Property

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Author :
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.

Corruption and Misuse of Public Office

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Publisher : Oxford University Press
ISBN 13 : 0199577277
Total Pages : 931 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Corruption and Misuse of Public Office by : Colin Nicholls QC

Download or read book Corruption and Misuse of Public Office written by Colin Nicholls QC and published by Oxford University Press. This book was released on 2011-09-29 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and detailed analysis of the law relating to corruption and misuse of public office, including specialist issues such as whistleblowing. This new edition covers major developments in the area since the publication of the first edition, and includes full coverage of the Bribery Act 2010.

The Limits of Asset Confiscation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907092
Total Pages : 280 pages
Book Rating : 4.5/5 (99 download)

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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.

Chasing Criminal Money

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912053
Total Pages : 400 pages
Book Rating : 4.5/5 (99 download)

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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.

European Land Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313957
Total Pages : 634 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis European Land Law by : Peter Sparkes

Download or read book European Land Law written by Peter Sparkes and published by Bloomsbury Publishing. This book was released on 2007-11-30 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.

Practitioner's Guide to Global Investigations

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Author :
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 1026 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon

Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Bankruptcy: Law and Practice

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Publisher : Edward Elgar Publishing
ISBN 13 : 1802205918
Total Pages : 591 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Bankruptcy: Law and Practice by : Alaric Watson

Download or read book Bankruptcy: Law and Practice written by Alaric Watson and published by Edward Elgar Publishing. This book was released on 2023-01-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.

Money Laundering Law and Regulation

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Publisher : Oxford University Press
ISBN 13 : 0199543038
Total Pages : 514 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Money Laundering Law and Regulation by : Robin Booth

Download or read book Money Laundering Law and Regulation written by Robin Booth and published by Oxford University Press. This book was released on 2011-03-03 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a practical, comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organised crime.

Dirty Assets

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Author :
Publisher : Routledge
ISBN 13 : 1317150465
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.

Chasing Criminal Money

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912061
Total Pages : 400 pages
Book Rating : 4.5/5 (99 download)

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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.

Dirty Assets

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472407865
Total Pages : 344 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Dirty Assets by : Dr Colin King

Download or read book Dirty Assets written by Dr Colin King and published by Ashgate Publishing, Ltd.. This book was released on 2014-02-28 with total page 344 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.