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Book Civil Forfeiture of Criminal Property

Download or read book Civil Forfeiture of Criminal Property written by Simon N. M. Young and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.

Book Asset Forfeiture

    Book Details:
  • Author : Dee Edgeworth
  • Publisher : American Bar Association
  • Release : 2004
  • ISBN : 9781590313015
  • Pages : 324 pages

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.

Book Asset Forfeiture Law in the United States   Second Edition

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.

Book United States Attorneys  Manual

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book New York Criminal and Civil Forfeitures

Download or read book New York Criminal and Civil Forfeitures written by Steven L. Kessler and published by . This book was released on 1999 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable publication for all New York attorneys. An in-depth guide & analysis of the state forfeiture & RICO laws used by state & local law enforcement authorities to confiscate & forfeit the assets of individuals & corporations. Includes sample forms of both prosecutors & defense counsel, as well as the text of the relevant statutory provisions.

Book Rights Forfeiture and Punishment

Download or read book Rights Forfeiture and Punishment written by Christopher Heath Wellman and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

Book Stolen Asset Recovery

    Book Details:
  • Author :
  • Publisher : World Bank Publications
  • Release : 2009
  • ISBN : 082137902X
  • Pages : 284 pages

Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book New York Criminal and Civil Forfeitures

Download or read book New York Criminal and Civil Forfeitures written by Steven L. Kessler and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Federal Forfeiture Law

    Book Details:
  • Author : Jerald Diaz
  • Publisher :
  • Release : 2015
  • ISBN : 9781634833110
  • Pages : 213 pages

Download or read book Federal Forfeiture Law written by Jerald Diaz and published by . This book was released on 2015 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 close 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 was a product of that reexamination. This book is an overview of federal forfeiture law. It sketches the origins and general attributes of forfeiture, describes the distribution of the hundreds of millions of dollars it generates, and identifies some of the constitutional issues it raises. Furthermore, the book provides 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, allocation of profits from confiscated assets, and DOJ's equitable sharing program.

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Civil Asset Forfeiture Analyzed Through a Constructionist and Conflict Theory Framework

Download or read book Civil Asset Forfeiture Analyzed Through a Constructionist and Conflict Theory Framework written by Robert A. Anderson and published by . This book was released on 2008 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: ?Pub Inc This work consists of a theoretical analysis of civil asset forfeiture. Even though civil asset forfeiture is a major tool used in the war on drugs most citizens are unaware of the actual practice, the staggering amounts of money and assets seized yearly. Much of the actual research done on civil asset forfeiture has been based on two separate ideas embedded within forfeiture. The first area of research has been highly debated by legal scholars because the "civil" denotation of these forfeiture statutes create what is seen as a barrier to due process rights afforded to "criminal" defendants. A second major area of research has surrounded the realization that many law enforcement agencies have come to rely on forfeiture as a budgetary necessity that has been blamed as a reason for unwarranted legal actions upon law abiding citizens in a search for assets. The theoretical analysis in this work came from a question posed by Worrall (2001, p. 183) stating, "What are the theories and motivations behind forfeiture?" This question leads to an idea for the analysis of civil asset forfeiture through both social constructionist and conflict theory perspectives as a driving force behind these statutes. Therefore of the many social constructions about drug issues, such as the protection of society leads to a need for those in power to control drug offenders through criminal law and civil law allowing for the control of the large profitability associated with drug crimes.

Book Money Laundering and the Proceeds of Crime

Download or read book Money Laundering and the Proceeds of Crime written by Mary Michelle Gallant and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pursuit of the financial proceeds of criminal activity has become a central theme of contemporary crime control. Initially conceived to tackle the global trade in illegal drugs, these methods have been more recently employed in the context of terrorism. This work offers a judicious account of the national and international strategies which seek to cope with crime by attacking its financial underpinnings. The book focuses on the increasingly civil legal orientation of these strategies - a sea change from criminal prosecutions to civil legal instruments. The author focuses on developments of the civil strategy in the US and the UK beginning with its historical origins. The work reveals the contradictions that animate the civil approach to criminal finance and discloses the failure of civil devices, as presently constituted, to comply with rights. It bridges the gap between two jurisdictions prominent in this area; the United States and the United Kingdom. This comparative element distinguishes the project from other work in the field that focuses on a single jurisdiction. Critical in its perspective, the work brings balance and reflection to an emergent area of national and international interest.

Book Guidelines Manual

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Civil Asset Forfeiture Reform Act

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:

Book Rico

    Book Details:
  • Author : Jed S. Rakoff
  • Publisher : Law Journal Press
  • Release : 2023-12-28
  • ISBN : 9781588520487
  • Pages : 784 pages

Download or read book Rico written by Jed S. Rakoff and published by Law Journal Press. This book was released on 2023-12-28 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: RICO: Civil and Criminal Law and Strategy provides a fundamental grounding in substantive RICO law and focuses on strategic and tactical considerations of RICO practice.

Book A License to Steal

    Book Details:
  • Author : Leonard W. Levy
  • Publisher : UNC Press Books
  • Release : 2014-03-30
  • ISBN : 1469620189
  • Pages : 289 pages

Download or read book A License to Steal written by Leonard W. Levy and published by UNC Press Books. This book was released on 2014-03-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.