Confiscation Law Handbook
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Confiscation Law Handbook
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Author : Adrian Eissa QC
language : en
Publisher: Bloomsbury Professional
Release Date : 2020-08-13
Confiscation Law Handbook written by Adrian Eissa QC and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-13 with Law categories.
Confiscation Law Handbook, Second Edition provides practitioners with a practical, user-friendly guide to this complex area of law. The clear analysis of legislation and proliferating case law allows principles to be quickly identified and understood. A stage by stage explanation of the procedural requirements ensures that required forms and responses are completed well and within time limits. Since the first edition, there have been a number of significant developments, most notably in case law at Supreme Court level which has had a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act. There have also been cases, again at Supreme Court level, on apportionment and double recovery. Cases covered in the second edition include: Criminal confiscation Supreme Court case of R v Waya (2012) which has a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act 1988 and Article 1 of the First Protocol of the European Convention. Supreme Court case of R v Ahmad and Field (2014), a crucial case on apportionment and double recovery. Court of Appeal case of Shakeel Ahmed (2012) the CA largest ever confiscation order overturned. Civil recovery Perry v Serious Organised Crime Agency (2012) implications to extra territorial jurisdiction of the Part V powers.
The Confiscation Manual
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Author : James O'Hara
language : en
Publisher:
Release Date : 2015-09-23
The Confiscation Manual written by James O'Hara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-23 with Forfeiture categories.
'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.
A Practical Guide To Confiscation And Restraint
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Author : Narita Bahra
language : en
Publisher:
Release Date : 2022-02-21
A Practical Guide To Confiscation And Restraint written by Narita Bahra and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-21 with categories.
This book is a practical and quick-reference guide to the highly topical and complex issues of Confiscation and Restraint under the Proceeds of Crime Act 2002 (POCA) in criminal proceedings. It is aimed at both prosecution and defence practitioners giving advice, preparing statements, and on their feet in the Crown Court or before Magistrates. Confiscation and Restraint issues arise in many criminal cases, where the prosecution seek to recover benefit from the assets of those convicted. The book explains the underlying logic behind the various provisions and their operation in everyday practice. It is packed with useful insights and practical points to assist practitioners to swiftly identify and competently address the relevant issues, supported by references to authority in statute, case law and the Criminal Procedure Rules. The appendices provide examples of key documents which the practitioner can adapt to meet the defendant's situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates' Court. "It is a great achievement to create a short guide to this area ... clear and accessible ... Practitioners will do well to carry it with them and use it as their first port of call to guide them in the right direction. It will save them from error and give them confidence to tackle cases which may at first seem intractable." - From the Foreword by Lord Justice Edis
The Proceeds Of Crime
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Author : Trevor Millington
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
The Proceeds Of Crime written by Trevor Millington and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Forfeiture categories.
This book is a practical and accessible guide to the Proceeds of Crime Act 2002 and its associated statutes, and also the formidable body of case law it has accumulated.
Civil Forfeiture Of Criminal Property
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Author : Simon N. M. Young
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Civil Forfeiture Of Criminal Property written by Simon N. M. Young and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
. . . 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.
Asset Recovery Handbook
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Author : Jean-Pierre Brun
language : en
Publisher: World Bank Publications
Release Date : 2011-01-18
Asset Recovery Handbook written by Jean-Pierre Brun and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-18 with Business & Economics categories.
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.
Extended Confiscation In Criminal Law
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Author : Malin Thunberg Schunke
language : en
Publisher:
Release Date : 2017
Extended Confiscation In Criminal Law written by Malin Thunberg Schunke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Forfeiture categories.
This book provides a comprehensive analysis of the measure of extended confiscation as an instrument of criminal policy. National and international regimes on confiscation are viewed from a multi-faceted perspective, and the main focus is the framework of the European Union. The book begins by examining extended confiscation from the national perspective, presenting the substantive criteria for this power of confiscation. It focuses on three main jurisdictions : England and Wales, Germany and Sweden ; and explores how domestic legislation is drafted and applied in their differing models. A key point of the analysis focuses on Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, which aims at harmonising the national powers of confiscation. This book explores whether such measures really lead to more efficiency, or if other reforms may be more effective. An overriding issue is whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of human rights. The second part of the book deals with the international perspective. The notion of extended confiscation is set in the broader context of transnational cooperation regarding the confiscation of assets.
Fraud A Practitioner S Handbook
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Author : Adrian Eissa QC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-09-30
Fraud A Practitioner S Handbook written by Adrian Eissa QC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-30 with Law categories.
This handbook is a practical and essential guide to fraud in the UK and the relevant investigatory bodies. It enhances the reader's practical understanding of fraud, and how it is committed, detected, prosecuted, and defended. The book clearly identifies the prevalent ways in which particular types of fraud are committed in the UK and the defenses thereto. Tables are used to provide instantly accessible checklists of what must be proved, the means by which it is often proved, and frequently encountered issues and defenses. No other book provides practical assistance by way of indicators of prevalent fraud offenses, nor the way in which defendants often respond to such indicators. Contents includes: historical approach to fraud and modern approach to fraud (UK Fraud Act 2006) * powers and duties of prosecutorial authorities: CPS, HMRC, serious fraud office, financial services authority, and trading standards * prevalent offenses: MTIC (Missing Trader Intra community), ponzi, boiler room, long firm, advance fee, carbon credit, VAT fraud, mortgage fraud, land banking fraud, cheating the revenue, conspiracy to defraud, money laundering, Fraud Act offenses * common defenses * frequent or typical disclosure requests * the role of the "Preparatory Hearing" and applications for "Interlocutory Appeals" * disclosure in fraud cases * abuse of process in fraud * civil alternatives to fraud prosecutions * sentencing * confiscation, including civil recovery/asset tracing.
The Proceeds Of Crime
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Author : Trevor Millington
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
The Proceeds Of Crime written by Trevor Millington and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Confiscations categories.
This is a comprehensive and practical step-by-step manual on the law relating to restraint, receivership, confiscation, and money laundering. The book includes detailed coverage of the Criminal Justice Act 1988, the Drug Trafficking Act 1994, and the Proceeds of Crime Act 2002 which extendsthe law surrounding asset forfeiture to cover all criminal activity. It also contains commentary and guidance on all the processes involved with particular emphasis on court procedures, precedents, and legislative extracts. An essential reference for both defending and prosecuting criminal lawyers,it will also be important to banking, insolvency, and family lawyers.
Extended Confiscation In Criminal Law
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Author : Malin Thunberg Schunke
language : en
Publisher:
Release Date : 2017
Extended Confiscation In Criminal Law written by Malin Thunberg Schunke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Forfeiture categories.
This book provides a comprehensive analysis of the development of extended confiscation in criminal law. With its main focus on the framework of the European Union, national and international regimes on confiscation are viewed from a multi-faceted perspective.