The Limits of Asset Confiscation
The Limits of Asset Confiscation

Author: Johan Boucht

Publisher: Bloomsbury Publishing

Published: 2017-06-01

Total Pages: 279

ISBN-13: 1509907092

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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.

Stolen Asset Recovery
Stolen Asset Recovery

Author:

Publisher: World Bank Publications

Published: 2009

Total Pages: 284

ISBN-13: 082137902X

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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
Asset Forfeiture Law in the United States - Second Edition

Author: Stefan D. Cassella

Publisher: Juris Publishing, Inc.

Published: 2013-01-01

Total Pages: 932

ISBN-13: 1578233658

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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.

Asset Recovery Handbook
Asset Recovery Handbook

Author: Jean-Pierre Brun

Publisher: World Bank Publications

Published: 2011-01-18

Total Pages: 286

ISBN-13: 0821386352

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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.

The Limits of Asset Confiscation
The Limits of Asset Confiscation

Author: Johan Boucht

Publisher: Bloomsbury Publishing

Published: 2017-06-01

Total Pages: 305

ISBN-13: 1509907084

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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 Forfeiture
Asset Forfeiture

Author: Dee Edgeworth

Publisher: American Bar Association

Published: 2004

Total Pages: 324

ISBN-13: 9781590313015

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Among the key strategies in taking the financial incentive out of criminal activity are freezing, seizing, and confication of assets--better known as asset forfeiture. This book is a how--to, practical guide to the common legal and practical issues faced by the asset forfeiture litigator.

Chasing Criminal Money
Chasing Criminal Money

Author: Katalin Ligeti

Publisher: Bloomsbury Publishing

Published: 2017-04-06

Total Pages: 400

ISBN-13: 1509912061

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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.