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Author : Anonim
Publisher : Unknown
Page : 152 pages
File Size : 40,7 Mb
Release : 1999
Category : Forfeiture
ISBN : PURD:32754074478573
Author : United States. Department of Justice. Asset Forfeiture and Money Laundering Section
Publisher : Unknown
Page : 137 pages
File Size : 48,7 Mb
Release : 2002
Category : Forfeiture
ISBN : OCLC:49665799
Author : Anonim
Publisher : Unknown
Page : 153 pages
File Size : 40,7 Mb
Release : 2003
Category : Forfeiture
ISBN : OCLC:52044099
Author : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
Page : 932 pages
File Size : 41,7 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 : Dee Edgeworth
Publisher : American Bar Association
Page : 324 pages
File Size : 48,5 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 : Anonim
Publisher : Unknown
Page : 548 pages
File Size : 53,6 Mb
Release : 1998
Category : Actions and defenses
ISBN : HARVARD:32044056096324
Author : United States. Department of Justice
Publisher : Unknown
Page : 718 pages
File Size : 52,8 Mb
Release : 1985
Category : Justice, Administration of
ISBN : IND:30000089174308
Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 55,9 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 : Congressional Research Service
Publisher : CreateSpace
Page : 34 pages
File Size : 41,5 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.
Author : United States
Publisher : Unknown
Page : 1508 pages
File Size : 55,7 Mb
Release : 1952
Category : Law
ISBN : UCR:31210025663863
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 45,6 Mb
Release : 2007
Category : Law
ISBN : 1590318730
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.
Author : Steven L. Kessler
Publisher : Unknown
Page : 128 pages
File Size : 47,8 Mb
Release : 2021
Category : Civil RICO actions
ISBN : 1663323720
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 228 pages
File Size : 44,7 Mb
Release : 1997
Category : Law
ISBN : PURD:32754066857347
Author : Charles Doyle
Publisher : DIANE Publishing
Page : 97 pages
File Size : 54,6 Mb
Release : 2011-04
Category : Law
ISBN : 9781437944983
The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law which protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This report provides a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act, P.L. 110-326. Extensive appendices. This is a print on demand publication.
Author : David B. Smith
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 1985
Category : Actions and defenses
ISBN : LCCN:85072210
