Download or read book Forfeitures Revisited written by David Pimentel and published by . This book was released on 2013 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dramatically expanded use of federal forfeitures since the 1980s has raised persistent concerns about government overreaching in the seizure of private property. The Supreme Court failed to address the problem in Bennis v. Michigan (1996), upholding the forfeiture of property of an entirely innocent owner, relying on the ancient and unconvincing principle that the property itself is guilty. Congress stepped in to curb law enforcement's worst abuses of this lucrative practice in 2000, but the Civil Asset Forfeiture Reform Act was a patchwork effort that tweaked the rules without revisiting the unsatisfying policies behind them. Thus a comprehensive, policy-based re-examination of forfeiture doctrines is overdue. This re-examination reveals three distinct and dissimilar categories of forfeitures -- (1) contraband, (2) proceeds of crime, and (3) property used to facilitate crime -- which are lumped together into a one-size-fits-all procedure. Because each of these types of forfeitures is based on distinct policy objectives, and because each poses different risks to the legitimate interests of property owners, separate procedures are required for each. Contraband forfeitures, which protect public health and welfare, can be effected on probable cause alone. Proceeds forfeitures, which effect a nonpunitive deterrence under the principle of unjust enrichment, raise factual questions that require stronger procedural safeguards and a higher burden of proof. Facilitating property forfeitures, which give rise to the worst abuses of the procedure, and which serve the most dubious of policy objectives, are difficult to justify under any procedure. A clearer articulation and understanding of the policy behind each type of forfeiture will set the stage for a more comprehensive and coherent reform. In the meantime, it can help courts to interpret and apply existing standards -- including Eighth Amendment excessive fines analysis -- in a more principled way. A policy-based approach, under a new taxonomy of forfeitures, is essential to address the persistent problems with federal forfeiture procedure and bring coherence and equity to the practice in federal court.
Download or read book The United States Declaration of Independence Revisited written by J. Jackson Owensby and published by a-argus books. This book was released on 2010-11-14 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Yale Law Journal Volume 125 Number 8 June 2016 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2016-07-20 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Chicago Plan Revisited written by Mr.Jaromir Benes and published by International Monetary Fund. This book was released on 2012-08-01 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the height of the Great Depression a number of leading U.S. economists advanced a proposal for monetary reform that became known as the Chicago Plan. It envisaged the separation of the monetary and credit functions of the banking system, by requiring 100% reserve backing for deposits. Irving Fisher (1936) claimed the following advantages for this plan: (1) Much better control of a major source of business cycle fluctuations, sudden increases and contractions of bank credit and of the supply of bank-created money. (2) Complete elimination of bank runs. (3) Dramatic reduction of the (net) public debt. (4) Dramatic reduction of private debt, as money creation no longer requires simultaneous debt creation. We study these claims by embedding a comprehensive and carefully calibrated model of the banking system in a DSGE model of the U.S. economy. We find support for all four of Fisher's claims. Furthermore, output gains approach 10 percent, and steady state inflation can drop to zero without posing problems for the conduct of monetary policy.
Download or read book Presumption of Innocence in Peril written by Anthony Gray and published by Lexington Books. This book was released on 2017-11-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Download or read book Chasing Criminal Money written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
Download or read book The Palgrave Handbook of Criminal and Terrorism Financing Law written by Colin King and published by Springer. This book was released on 2018-05-04 with total page 1247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.
Download or read book Tax Evasion and the Law written by Sam Bourton and published by Taylor & Francis. This book was released on 2024-06-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical and contemporary evaluation of the laws and enforcement policies pertaining to tax evasion in the United Kingdom (UK) and United States (US). Since the inception of taxes, revenue collection authorities around the world have attempted to address the seemingly perennial problem of individuals evading their tax liabilities. The financial crisis has shone a new light on the issue with an increased interest in using the criminal justice system as a means of addressing it in the UK. In sharp contrast to the UK, the US has a strong record of prosecuting crimes of tax evasion, whether committed by individuals or professional corporate facilitators. Providing an evaluation of the UK’s tax evasion laws and enforcement policy, through a comparative approach, this work highlights insights provided by the US experience. In so doing, the book explores the interconnections between tax evasion and money laundering, identifying best practices, omissions, and areas for reform. The work will be a valuable resource for researchers, academics, and policy-makers working in the areas of financial crime, financial law, accountancy and criminal justice.
Download or read book Michigan Law Review written by and published by . This book was released on 2015 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book FCC Record written by United States. Federal Communications Commission and published by . This book was released on 2014 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asset Forfeiture Law in the United States Second Edition written by Stefan D. Cassella and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Amexica written by Ed Vulliamy and published by Macmillan + ORM. This book was released on 2010-10-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amexica is the harrowing story of the extraordinary terror unfolding along the U.S.-Mexico border—"a country in its own right, which belongs to both the United States and Mexico, yet neither"—as the narco-war escalates to a fever pitch there. In 2009, after reporting from the border for many years, Ed Vulliamy traveled the frontier from the Pacific coast to the Gulf of Mexico, from Tijuana to Matamoros, a journey through a kaleidoscopic landscape of corruption and all-out civil war, but also of beauty and joy and resilience. He describes in revelatory detail how the narco gangs work; the smuggling of people, weapons, and drugs back and forth across the border; middle-class flight from Mexico and an American celebrity culture that is feeding the violence; the interrelated economies of drugs and the maquiladora factories; the ruthless, systematic murder of young women in Ciudad Juarez. Heroes, villains, and victims—the brave and rogue police, priests, women, and journalists fighting the violence; the gangs and their freelance killers; the dead and the devastated—all come to life in this singular book. Amexica takes us far beyond today's headlines. It is a street-level portrait, by turns horrific and sublime, of a place and people in a time of war as much as of the war itself.
Download or read book Select Criminal Forfeiture Forms written by and published by . This book was released on 2003 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Asset Forfeiture Reform Act written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1997 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Drug Agents Guide to Forfeiture of Assets 1987 Revision written by United States. Drug Enforcement Administration and published by . This book was released on 1987 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asset Forfeiture written by Dee Edgeworth and published by American Bar Association. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Real Estate Planning written by Norton L. Steuben and published by . This book was released on 2006 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook covers the law of real estate planning and is supported by a Teacher's Manual and Problem and Statutory Supplement. Specific topics include the acquisition, disposition, financing, development and operation of real estate.
