The Limits Of Asset Confiscation

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The Limits Of Asset Confiscation

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Author : Johan Boucht
language : en
Publisher: Hart Publishing
Release Date : 2014

The Limits Of Asset Confiscation written by Johan Boucht and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Forfeiture categories.

Non Conviction Based Confiscation In Europe

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Author : Jon Petter Rui
language : en
Publisher:
Release Date : 2016-01-13

Non Conviction Based Confiscation In Europe written by Jon Petter Rui and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-13 with categories.

Stolen Asset Recovery

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Author :
language : en
Publisher: World Bank Publications
Release Date : 2009

Stolen Asset Recovery written by 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 2009 with Law categories.

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.

Asset Forfeiture Law In The United States Second Edition

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Author : Stefan D. Cassella
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-01-01

Asset Forfeiture Law In The United States Second Edition written by Stefan D. Cassella and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.

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.

Barriers To Asset Recovery

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Author :
language : en
Publisher: World Bank Publications
Release Date : 2011-06-20

Barriers To Asset Recovery written by 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 2011-06-20 with Business & Economics categories.

It is estimated that the proceeds of crime, corruption and tax evasion represent between $1 trillion and $1.6 trillion per year, with half coming from developing countries. Proceeds are typically transferred abroad and hidden in foreign jurisdictions, thus requiring international cooperation. Various international conventions and agreements require international cooperation on this issue, in particular the United Nations Convention against Corruption; however, only $5 billion in stolen assets have been repatriated over the last 15 years. This enormous gap reveals that significant barriers continue to impede asset recovery despite the commitments taken by governments, civil society and the private sector. Drawing on the experience of practitioners with hands-on experience, the Stolen Asset Recovery (StAR) Initiative launched this study to identify the barriers to stolen asset recovery internationally, provide brief analysis of the impact of these barriers, and propose recommendations for overcoming these obstacles. This volume is intended to guide policy makers in their efforts to ensure necessary resources and the development of a plan, policy or strategy aimed at eradicating the barriers to asset recovery. In addition, this study proposes actions to be taken by the G20, international organizations, financial institutions, developmental agencies and civil society.

The Limits Of Asset Confiscation

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Author : Johan Boucht
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-01

The Limits Of Asset Confiscation written by Johan Boucht and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.

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.

The Limits Of Asset Confiscation

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Author : Johan Boucht
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-01

The Limits Of Asset Confiscation written by Johan Boucht and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.

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.

Asset Recovery Handbook

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Author : Jean-Pierre Brun
language : en
Publisher: World Bank Publications
Release Date : 2021-02-08

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 2021-02-08 with Business & Economics categories.

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.

The Confiscation Of Criminal Assets

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Author : J. Paul McCutcheon
language : en
Publisher:
Release Date : 1999-01-01

The Confiscation Of Criminal Assets written by J. Paul McCutcheon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Confiscations categories.

Aimed at legal practitioners, bankers, accountants, the Criminal Assets Bureau, the Gardai Siochana, the Revenue Commissioners and students, this text includes coverage of: seizure of criminal assets; targeting the financial wealth of criminals in Ireland; tracing the proceeds of crime - legal and constitutional implications; British legislative developments on the confiscation of criminal assets; asset forfeiture in the US; and the enforcement of money laundering legislation.

Chasing Criminal Money

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Author : Katalin Ligeti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-06

Chasing Criminal Money written by Katalin Ligeti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.

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.