Civil Forfeiture Of Criminal Property

Author : Simon N. M. Young
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 40,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848446212

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Civil Forfeiture of Criminal Property by Simon N. M. Young Pdf

. . . 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 : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
Page : 932 pages
File Size : 44,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781578233656

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Asset Forfeiture Law in the United States - Second Edition by Stefan D. Cassella Pdf

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 : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 53,7 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

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 : Dee Edgeworth
Publisher : American Bar Association
Page : 324 pages
File Size : 47,5 Mb
Release : 2004
Category : Law
ISBN : 1590313011

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Asset Forfeiture by Dee Edgeworth Pdf

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 : Anonim
Publisher : Unknown
Page : 312 pages
File Size : 55,6 Mb
Release : 1996
Category : Actions and defenses
ISBN : PURD:32754070687813

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Asset Forfeiture Policy Manual by Anonim Pdf

Author : Congressional Research Congressional Research Service
Publisher : CreateSpace
Page : 98 pages
File Size : 45,6 Mb
Release : 2015-01-22
Category : Electronic
ISBN : 1507734557

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Crime and Forfeiture by Congressional Research Congressional Research Service Pdf

Forfeiture has long been an effective law enforcement tool. Congress and state legislatures have authorized its use for over 200 years. Every year, it redirects property worth billions of dollars from criminal to lawful uses. Forfeiture law has always been somewhat unique. By the beginning of the 20th century, however, legislative bodies, commentators, and the courts had begun to examine its eccentricities in greater detail because under some circumstances it could be not only harsh but unfair. The Civil Asset Forfeiture Reform Act (CAFRA), P.L. 106-185, 114 Stat. 202 (2000), was a product of that reexamination. Modern forfeiture follows one of two procedural routes. Although crime triggers all forfeitures, they are classified as civil forfeitures or criminal forfeitures according to the nature of the procedure which ends in confiscation. Civil forfeiture is an in rem proceeding. The property is the defendant in the case. Unless the statute provides otherwise, the innocence of the owner is irrelevant-it is enough that the property was involved in a violation to which forfeiture attaches. As a matter of expedience and judicial economy, Congress often allows administrative forfeiture in uncontested civil confiscation cases. Criminal forfeiture is an in personam proceeding, and confiscation is possible only upon the conviction of the owner of the property. The Supreme Court has held that authorities may seize moveable property without prior notice or an opportunity for a hearing but that real property owners are entitled as a matter of due process to preseizure notice and a hearing. As a matter of due process, innocence may be irrelevant in the case of an individual who entrusts his or her property to someone who uses the property for criminal purposes. Although some civil forfeitures may be considered punitive for purposes of the Eighth Amendment's excessive fines clause, civil forfeitures do not implicate the Fifth Amendment's double jeopardy clause unless they are so utterly punitive as to belie remedial classification. The statutes governing the disposal of forfeited property may authorize its destruction, its transfer for governmental purposes, or deposit of the property or of the proceeds from its sale in a special fund. Intra- and intergovernmental transfers and the use of special funds are hallmarks of federal forfeiture. Every year, federal agencies share among themselves the proceeds of jointly conducted forfeitures. They also transfer hundreds of millions of dollars and property to state, local, and foreign law enforcement officials as compensation for their contribution to joint enforcement efforts.

Author : Anonim
Publisher : Unknown
Page : 520 pages
File Size : 42,9 Mb
Release : 1998
Category : Actions and defenses
ISBN : PURD:32754068906290

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Asset Forfeiture by Anonim Pdf

Author : Henry J. Hyde
Publisher : Cato Institute
Page : 120 pages
File Size : 43,5 Mb
Release : 1995
Category : Forfeiture
ISBN : 1882577191

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Forfeiting Our Property Rights by Henry J. Hyde Pdf

Errata slip inserted. Includes bibliographical references and index.

Author : Leonard W. Levy
Publisher : UNC Press Books
Page : 289 pages
File Size : 48,8 Mb
Release : 2014-03-30
Category : Law
ISBN : 9781469620183

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A License to Steal by Leonard W. Levy Pdf

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 : Charles Doyle
Publisher : Unknown
Page : 74 pages
File Size : 40,7 Mb
Release : 2007
Category : Criminal law
ISBN : OCLC:137284506

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Crime and Forfeiture by Charles Doyle Pdf

Forfeiture has long been an effective law enforcement tool. Congress and state legislatures have authorized its use for over hundred years. Every year it redirects property worth hundreds of millions of dollars from criminal to lawful uses. Forfeiture laws have always been somewhat unique. Legislative bodies, commentators and the courts, however, had begun to examine its eccentricities in greater detail because under some circumstances it could be not only harsh but unfair. The Civil Asset Forfeiture Reform Act, P.L. 106-185, 114 Stat. 202 (2000) is a product of that reexamination. Modern forfeiture follows one of two procedural routes. Although crime triggers all forfeitures, they are classified as civil forfeitures or criminal forfeitures according tot he nature of the procedure which ends in confiscation. Civil forfeiture is an in rem processing. The property is the defendant in the case. Unless the statue provides otherwise, the innocence of the owner is irrelevant -- it is enough that the property was involved in a violation to which forfeiture attaches. As a matter of expedience and judicial economy, Congress often allows administrative forfeiture in uncontested civil confiscation cases. Criminal forfeiture is an in personam proceeding, and confiscation is only possible upon the conviction of the owner of the property. The Supreme Court has held that authorities may seize movable property without prior notice or an opportunity for a hearing but that real property owners are entitled as a matter of due process to preseizure notice and the chance for a hearing. As a matter of due process, innocence may be irrelevant in the case of an individual who entrusts his or her property to someone who sues the property for criminal purposes. although some civil forfeitures may be considered punitive for purposes of the Eighth Amendment's excessive fines clause, civil forfeitures do not implicate the Fifth Amendment's double jeopardy clause unless they are so utterly punitive as to belie remedial classification. The statutes governing the disposal of forfeited property may authorize destruction of property, or transfer for governmental purposes, or deposit of the property or the proceeds from its sale in a special fund. Intergovernmental transfers and the use of special funds are hallmarks of federal forfeiture. Every year federal agencies transfer hundreds of millions of dollars worth of property to state and local law enforcement officials in compensation for their contribution to joint enforcement efforts.

Author : Colin King
Publisher : Oxford University Press
Page : 241 pages
File Size : 46,7 Mb
Release : 2023-08-17
Category : Law
ISBN : 9780198824251

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Civil Recovery of Criminal Property by Colin King Pdf

'Follow-the-money' approaches are increasingly being adopted to tackle organised crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery -- like other civil/criminal hybrids -- straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a wide-ranging analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organised crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.

Author : United States. Marshals Service. Asset Forfeiture Office
Publisher : Unknown
Page : 278 pages
File Size : 54,8 Mb
Release : 1999
Category : Forfeiture
ISBN : PURD:32754071040038

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Asset Forfeiture Office by United States. Marshals Service. Asset Forfeiture Office Pdf

Author : National Criminal Justice Association
Publisher : Unknown
Page : 216 pages
File Size : 54,5 Mb
Release : 1988
Category : Confiscations
ISBN : STANFORD:36105044205388

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Assets Seizure & Forfeiture by National Criminal Justice Association Pdf

Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 45,6 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395

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United States Attorneys' Manual by United States. Department of Justice Pdf

Author : Anonim
Publisher : Unknown
Page : 252 pages
File Size : 53,7 Mb
Release : 2001
Category : Forfeiture
ISBN : PURD:32754073195681

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Asset Forfeiture Office Real Property Manual by Anonim Pdf