The Criminal Proceeds Recovery Act
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Author | : Heather McKenzie (Lawyer) |
Publisher | : |
Total Pages | : 455 |
Release | : 2015 |
Genre | : Forfeiture |
ISBN | : 9781927313053 |
"Practitioners will benefit from this text, which provides guidance on the Criminal Proceeds (Recovery) Act 2009's provisions and machinery, the growing body of case law, and the status of a conceptually criminal regime which engages the civil procedure and civil standard of proof"--Publisher information.
Author | : |
Publisher | : World Bank Publications |
Total Pages | : 284 |
Release | : 2009 |
Genre | : Law |
ISBN | : 082137902X |
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.
Author | : Stefan D. Cassella |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 932 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 1578233658 |
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.
Author | : Simon N. M. Young |
Publisher | : Edward Elgar Publishing |
Total Pages | : 393 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 1848446217 |
. . . 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.
Author | : Jean-Pierre Brun |
Publisher | : World Bank Publications |
Total Pages | : 348 |
Release | : 2021-02-08 |
Genre | : Business & Economics |
ISBN | : 1464816174 |
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.
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
Author | : Heather-Mairi Carmichael |
Publisher | : Sweet & Maxwell |
Total Pages | : 360 |
Release | : 2010-11-01 |
Genre | : Forfeiture |
ISBN | : 9780414017375 |
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.
Author | : Edward Rees |
Publisher | : Blackstone Press |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780199535385 |
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after an Act they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. Theyoffer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.The Proceeds of Crime Act 2002 (POCA) came into force in February 2003, introducing a new anti-money laundering regime. It created the Asset Recovery Agency; introduced wide new powers in relation to the confiscation of criminal property; as well as new civil recovery and enforcement powers.The third edition provides a clear and accessible exploration of POCA, which has been completely updated to include all recent developments notably; the Serious Organised Crime and Police Act 2005 (SOCPA), the Criminal Procedure Rules 2005 and the Fraud Act 2006. It includes the full updated text ofPOCA 2002, plus other essential materials. Included are the Crown Court Rules governing procedures, forms and timetables, and Codes of Practice dealing with search, seizure warrants and production and disclosure orders.
Author | : United States |
Publisher | : |
Total Pages | : 356 |
Release | : 1994 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.