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Money Laundering and Acquisitive Crime: The Proceeds of Crime
2006Abstract There is no common law right to strip criminals of their property. Consequently, if police sweep up assets found in the possession of a suspect to use in subsequent criminal proceedings, they have no right to retain those assets beyond the end of the trial unless there is a statutory power to do so.
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Quicksand; the ‘Proceeds-of-Crime-Approach’.
2003During the last decade, throughout the world a strong urge has been felt to develop new strategies in combating organized crime (and more recently) terrorism. Most democratic countries have developed systems for the disclosure of suspicious financial transactions and have adopted legislation to find, freeze and seize criminal assets.
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Laundering of Proceeds of Crime
2019Abstract This section is about Article 23 of the United Nations Convention Against Corruption (UNCAC), dealing with Laundering of Proceeds of ...
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The Proceeds of Crime in Tanzania as Explained by the Proceeds of Crime Act, [Cap.256] 2007
SSRN Electronic Journal, 2018“It is a notorious fact that professional and habitual criminals frequently take steps to conceal their profits from crime. Effective but fair powers of confiscating the proceeds of crime are therefore essential. ” (Lord Steyn) The Act was enacted to provide for the forfeiture or confiscation of the proceeds of certain crimes and for connected or ...
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Proceeds of Crime, Forfeiture and Provincial Law
SSRN Electronic Journal, 2012Seizing assets through civil legal processes is a recent arrival to the set of contemporary tools focused on tackling crime through an assault on its financial underpinnings. Together with money laundering regulation and criminal confiscation, the reliance on civil instruments has become increasingly common, a popularity chiefly due to the replacement ...
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Tracing and confiscating the proceeds of crime
Journal of Financial Crime, 2003Discusses the prosecution of solicitor Jonathan Duff for failing to disclose his suspicions of money laundering by two clients; he was sentenced to six months imprisonment. Outlines the police’s statutory powers to obtain production orders for investigating the proceeds of crime, including search warrants and special procedure material, plus the ...
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Civil Forfeiture of Proceeds of Crime in Australia
Journal of Money Laundering Control, 2002‘It is incorrect to view the recovery of the profits of unlawful activity as a part of the criminal justice process and, as such, justifiable only on the basis of a prior finding of guilt according to the criminal standard of proof beyond reasonable doubt.’
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Disposal of Confiscated Proceeds of Crime or Property
2023Abstract This chapter examines the final stage of the confiscation process indicated in Article 14 of the United Nations Convention against Transnational Organized Crime (UNTOC). The final stage consists of the disposal of seized property and assets and the potential repatriation of these assets to the requesting State.
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