The Limits Of Asset Confiscation

Author: Johan Boucht
Publisher: Bloomsbury Publishing
ISBN: 1509907084
Size: 71.37 MB
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This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective.

Money Laundering Asset Forfeiture And Recovery And Compliance A Global Guide

Author: William H. Byrnes
Publisher: LexisNexis
ISBN: 0327170840
Size: 54.35 MB
Format: PDF, Docs
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If legitimate and illegally acquired property is mixed, the amount of the illegally
acquired property can be confiscated. Authorities must obtain a court order to
confiscate assets. Confiscation may be imposed without prejudice to the rights of
third parties. The Attorney General will proceed under the formalities of
registration and disclosure requirements.151 Some gaps limit the ability of
authorities to freeze, confiscate and recover proceeds of crime and the
mechanism of freezing and ...

Corruption Asset Recovery And The Protection Of Property In Public International Law

Author: Radha Ivory
Publisher: Cambridge University Press
ISBN: 1316061590
Size: 28.20 MB
Format: PDF, Mobi
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Could states violate an international human right to property by enforcing foreign
confiscation orders with respect to the proceeds, instrumentalities, or objects of
corruption or substitute assets if they have another international legal obligation
to do so? The questions that have driven this book tap an old vein in human
rights discourse, namely, the fundamental entitlements of the most reviled
members of society and the limits of state power with respect to “classic” civil
liberties. Yet they ...

Barriers To Asset Recovery

Publisher: World Bank Publications
ISBN: 0821386603
Size: 68.64 MB
Format: PDF, ePub, Mobi
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Issuance of Domestic Provisional Measures upon Request by a Foreign
Jurisdiction • Legal basis: US Code Title 28 Section 2467 • Procedure: OIA, often
in conjunction with the Asset Forfeiture and Money Laundering Section, may
apply to the courts for issuance of a restraining order on behalf of the requesting
country. • Evidentiary requirements: The United ... give rise to confiscation under
U.S. federal law. • Time limit: None, if a permanent restraining order was issued
in foreign state.

Asset Recovery Handbook

Author: Jean-Pierre Brun
Publisher: World Bank Publications
Size: 48.39 MB
Format: PDF, ePub
View: 391
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Given that assets can be hidden or moved out of reach in a short period of time
and that an investigation and confiscation can take years (offering a target ample
time to move or dissipate assets), it is critical that measures be taken early on to
secure the assets that may become subject to a confiscation ... In Liechtenstein,
for example, the court must limit the duration for which the order is issued, but the
deadline may be extended upon application (Code of Criminal Procedure, sec.


Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 1452701431
Size: 21.18 MB
Format: PDF, ePub
View: 3160
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267. For the lists of persons and entities designated for freezing purposes
through the EU regulations, Austria can freeze funds in accordance with
UNSCRs 1267 and 1373 directly through the EU regulation mechanisms (with
the limits described in the case of other assets than funds). For EU internals
covered and designated by Common Position 2001/931 but not Regulation 2580/
2001) Austria relies (with the limitations described earlier) on the Official
Announcements issued by the ...

The Foundations Of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508586
Size: 23.21 MB
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As a second step, let us see how this state of nature—clantype communal view of
ownership and debt; limits on neither territorial nor nationality sovereignty— was
subsequently operationalized in interstate relations. In the roughly 300 years ... If
international economic exchange were to flourish, rules of the game had to be set
to limit abuses and remove irritants. Host states granted ... of reprisals or
marquee, authorizing private individuals to confiscate foreign assets. To limit
abuse of ...

Criminal Finance The Political Economy Of Money Laundering In A Comparative Legal Context

Author: Kris Hinterseer
Publisher: Kluwer Law International
ISBN: 9041198644
Size: 48.98 MB
Format: PDF, Docs
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The Directive overcomes many of the limits that currently exist under the domestic
laws of many Member States because of the broad definitions that are used and
the wide scope of its application. In particular, the definition of "criminal activity" in
Article 1, the ..., Evaluation of Laws and Systems in FATF
Members Dealing with Asset Confiscation and Provisional Measures (August 20,
1998). "The formulation, in light inter alia of the work of 142 Criminal Finance


Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 1452794057
Size: 43.65 MB
Format: PDF
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So all items that should be subject to seizure and confiscation are also covered in
the MLA context. Some reservation must be made, however, if the request would
relate to instrumentalities, which under the Article 26 StGB regime are only
subject to confiscation to a very limited extent. In principle this may also limit the
MLA possibilities, although it must be recognized that such occurrence is rather
theoretical. 762. As for the establishment of an asset forfeiture fund, the
prosecution ...

Adb Oecd Anti Corruption Initiative For Asia And The Pacific Anti Corruption Policies In Asia And The Pacific Legal And Institutional Reform In 25 Countries

Author: OECD
Publisher: OECD Publishing
ISBN: 9264041346
Size: 29.44 MB
Format: PDF, Mobi
View: 2498
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Some countries like Hong Kong, China; Indonesia; Japan; Korea; Malaysia;
Nepal; Pakistan; Papua New Guinea; the Philippines; Singapore; and Thailand
allow or require confiscation of the bribe or other proceeds. The authority to
freeze assets during investigation complements these provisions in most
countries. This provision, however, becomes difficult to implement ... Japan, by
contrast, limits confiscation to the bribe. In Japan and Korea, rules on the
confiscation of proceeds ...