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Author : Brenda Grantland
Publisher : Brenda Grantland
Page : 92 pages
File Size : 47,8 Mb
Release : 2011-10-07
Category : Law
ISBN : 9780971540927
Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 54,8 Mb
Release : 2009
Category : Law
ISBN : 9780821379028
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 : Henry J. Hyde
Publisher : Cato Institute
Page : 119 pages
File Size : 40,8 Mb
Release : 1995-03-01
Category : Political Science
ISBN : 9781935308966
Most people don't know it, but the government can take people's homes, cars, and money without charging them with a crime -- and the burden of recovery is on the owners! In Forfeiting Our Property Rights, Congressman Henry Hyde of Illinois examines the abuse inherent in civil forfeiture, the law that lets government take property that is merely suspected of having "facilitated" crime. Hyde shows how forfeiture law has cost innocent people their property and at least one citizen, Donald Scott, his life. In fact, over a quarter of a million Americans have had their property seized through forfeiture law. Congressman Hyde proposes an overhaul of the law to protect innocent property owners, including a shift in the burden of proof from citizen to the government and a raising of the standard the government must satisfy to seize property in the first place. This alarm on behalf of our threatened civil liberties and rights couldn't be more timely.
Author : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
Page : 932 pages
File Size : 40,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781578233656
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 : G. Patrick Gallagher
Publisher : Unknown
Page : 20 pages
File Size : 42,7 Mb
Release : 1988
Category : Drug traffic
ISBN : PURD:32754061523217
Author : Dee Edgeworth
Publisher : American Bar Association
Page : 324 pages
File Size : 52,8 Mb
Release : 2004
Category : Law
ISBN : 1590313011
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.
Author : United States. Marshals Service. Asset Forfeiture Office
Publisher : Unknown
Page : 278 pages
File Size : 51,8 Mb
Release : 1999
Category : Forfeiture
ISBN : PURD:32754071040038
Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395
Author : Radley Balko,Tucker Carrington
Publisher : PublicAffairs
Page : 319 pages
File Size : 52,7 Mb
Release : 2018-02-27
Category : History
ISBN : 9781610396929
A shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent lives After two three-year-old girls were raped and murdered in rural Mississippi, law enforcement pursued and convicted two innocent men: Kennedy Brewer and Levon Brooks. Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free. The Cadaver King and the Country Dentist recounts the story of how the criminal justice system allowed this to happen, and of how two men, Dr. Steven Hayne and Dr. Michael West, built successful careers on the back of that structure. For nearly two decades, Hayne, a medical examiner, performed the vast majority of Mississippi's autopsies, while his friend Dr. West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Here, Radley Balko and Tucker Carrington tell the haunting story of how the courts and Mississippi's death investigation system -- a relic of the Jim Crow era -- failed to deliver justice for its citizens. The authors argue that bad forensics, structural racism, and institutional failures are at fault, raising sobering questions about our ability and willingness to address these crucial issues.
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 228 pages
File Size : 54,9 Mb
Release : 1997
Category : Law
ISBN : PURD:32754066857347
Author : Anonim
Publisher : Unknown
Page : 48 pages
File Size : 54,5 Mb
Release : 1994
Category : Forfeiture
ISBN : PURD:32754077977282
Author : Leonard W. Levy
Publisher : UNC Press Books
Page : 289 pages
File Size : 50,9 Mb
Release : 2014-03-30
Category : Law
ISBN : 9781469620183
Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that civil forfeiture is unconstitutional, Levy provides examples of the victimization of innocent people and demonstrates that it has been used primarily against petty offienders rather than against its original targets, members of organized crime.
Author : Jean-Pierre Brun,Anastasia Sotiropoulou,Larissa Gray,Clive Scott
Publisher : World Bank Publications
Page : 348 pages
File Size : 44,6 Mb
Release : 2021-02-08
Category : Business & Economics
ISBN : 9781464816178
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 : DC Vesser
Publisher : Page Publishing Inc
Page : 377 pages
File Size : 41,8 Mb
Release : 2020-01-21
Category : Political Science
ISBN : 9781684568086
This book attacks a poison that for so very long we have called political correctness. Political correctness (PC) is the act of avoiding expression or language that can perceptively be construed as marginalizing by specific minorities or demographic groups. It is often difficult to argue against PC, because supporters of PC are likely to claim that contrary to using PC, one would instead use expressions or language that offends, which is oft what I wind up doing. This response is a false conflation of permitting and condoning, but the fallaciousness usually doesn't deter those who want to win the argument. It's easy to accuse someone of simply seeking justification to use epithets in order to put him on the defensive and into the unenviable position of having to assert that he's not a racist. It's also dirty and hateful to do so, and that's how such responses should be considered. We also review Agenda 21, Document 7277, the Illuminati, the Club of Rome, and the Committee of 300 in brevity. We discuss the New World Order and speculate about megaregions and their locations both in the United States and abroad. We take a very long train ride from the most southern tip of South America all the way to New Zealand, and we discuss possibilities for a likely location for the capital of the world (that may surprise you). We even speculate about a location right here in the United States for a habitat for useless eaters. We discuss how close we have come in our society to achieve all the goals of the New World Order. I really hope you enjoy the read.
Author : Congressional Research Service
Publisher : CreateSpace
Page : 34 pages
File Size : 42,5 Mb
Release : 2015-02-02
Category : Business & Economics
ISBN : 1508433429
From its beginning in the First Congress, Congress has viewed asset forfeiture as an integral part of federal crime fighting: It takes contraband off the streets, ensures that “crime doesn't pay,” and deprives criminals of their “tools of the trade.” In short, asset forfeiture is the process of confiscating money or property from a person because it is illegal to possess, it constitutes proceeds of a crime, or it was used to facilitate a crime. Asset forfeiture became a major tool in combating organized crime, drug trafficking, and other serious federal offenses throughout the mid-to-late 20th century and continues to play a major role in federal prosecutions. In recent years, however, there has been growing opposition to the expanding scope of asset forfeiture, both civil and criminal, with objections primarily coming in two forms: procedural and structural. The procedural objections are based on the idea that the current rules pertaining to asset forfeiture heavily favor the government. With civil asset forfeiture, the property owner need not be convicted nor even prosecuted for a crime before the government can confiscate his or her property. Unlike criminal prosecutions, the property owner is not constitutionally entitled to an attorney or many other safeguards found in the Bill of Rights. The burden of proof is set at the preponderance-of-the-evidence standard, lower than the traditional criminal standard of beyond a reasonable doubt. If the property owner is claiming innocence, he has the burden of proving either that he had no knowledge of the criminal activity or that he tried to stop the activity if he did know about it. Structural objections pertain to how property and money are allocated once forfeited. The Department of Justice (DOJ) is permitted by law to keep most of the forfeited assets, creating what some view as a profit motive. Recently, DOJ stopped its practice of “adoptive forfeitures,” which allowed it to adopt property seized by state and local law enforcement as part of its “equitable sharing” program. Some saw this as a way of bypassing more stringent state forfeiture laws. Asset forfeiture faced comparable criticism several decades ago, leading Congress to enact the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the first major overhaul in federal forfeiture law in 200 years. While this law brought about significant reform to federal forfeiture policy and procedures, some have questioned whether CAFRA went far enough to rein in what they characterize as overzealous police forfeiture tactics. Recent concerns about the current legal framework are evidenced in new reports of possible police misuse of federal forfeiture laws. Contemporaneously, reform legislation has been introduced in the 113th and 114th Congresses. With these proposals in mind, this report will provide an overview of selected legal issues and reforms surrounding asset forfeiture, including the burden-of-proof standard and innocent-owner defense in civil asset forfeiture cases, access to counsel in both civil and criminal forfeiture cases (including a discussion of the 2014 Supreme Court asset forfeiture decision Kaley v. United States), allocation of profits from confiscated assets, and DOJ's equitable sharing program.