Download or read book A Practical Guide to Confiscation and Restraint written by Narita Bahra and published by . This book was released on 2022-02-21 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical and quick-reference guide to the highly topical and complex issues of Confiscation and Restraint under the Proceeds of Crime Act 2002 (POCA) in criminal proceedings. It is aimed at both prosecution and defence practitioners giving advice, preparing statements, and on their feet in the Crown Court or before Magistrates. Confiscation and Restraint issues arise in many criminal cases, where the prosecution seek to recover benefit from the assets of those convicted. The book explains the underlying logic behind the various provisions and their operation in everyday practice. It is packed with useful insights and practical points to assist practitioners to swiftly identify and competently address the relevant issues, supported by references to authority in statute, case law and the Criminal Procedure Rules. The appendices provide examples of key documents which the practitioner can adapt to meet the defendant's situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates' Court. "It is a great achievement to create a short guide to this area ... clear and accessible ... Practitioners will do well to carry it with them and use it as their first port of call to guide them in the right direction. It will save them from error and give them confidence to tackle cases which may at first seem intractable." - From the Foreword by Lord Justice Edis

Download or read book The Proceeds of Crime written by Trevor Millington and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical and accessible guide to the Proceeds of Crime Act 2002 and its associated statutes, and also the formidable body of case law it has accumulated.

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.

Download or read book Confiscation written by Lesley Thomson and published by . This book was released on 2000 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confiscation: A Practical Guide to Confiscating Crime Proceeds explores all the principal stages covering confiscation proceedings both in drug trafficking and other crime. The work examines all processes from the early investigative stage and the use of production orders to the initial freezing of assets in the civil courts by means of restraint orders. The book also explores the procedures followed at a confiscation hearing in the criminal courts, including the type and standard of evidence required and the consequent making and enforcement of a confiscation order. Confiscation is designed to assist all those involved in the process of confiscating crime proceeds. A practical handbook, Thomson's Confiscation provides straight-forward guidance to confiscation proceedings as effective in the Scottish courts under the Proceeds of Crime (Scotland) Act 1995 and the Criminal Law (Consolidation)(Scotland) Act 1995.

Download or read book Orders Without Borders written by Stefano Betti and published by World Bank Publications. This book was released on 2022-06-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.

Download or read book Money Laundering Law and Regulation written by Robin Booth and published by Oxford University Press. This book was released on 2011-03-03 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a practical, comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organised crime.

Download or read book Blackstone s Guide to the Proceeds of Crime Act 2002 written by Edward Rees QC and published by OUP Oxford. This book was released on 2011-07-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this Blackstone's Guide provides a clear and accessible exploration of the Proceeds of Crime Act 2002 (POCA), which has been completely updated to include all recent developments. It includes the full updated text of POCA 2002, plus other essential materials.

Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

Download or read book Reference Guide to Anti money Laundering and Combating the Financing of Terrorism written by Paul Allan Schott and published by World Bank Publications. This book was released on 2006-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of the Reference Guide is a comprehensive source of practical information on how countries can fight money laundering and terrorist financing. Aimed at helping countries understand the new international standards, it discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations play in the process. The Reference Guide is a valuable tool for establishing effective regimes to successfully prevent, detect, and prosecute money laundering and terrorist financing.

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 Model Codes for Post conflict Criminal Justice written by Vivienne M. O'Connor and published by US Institute of Peace Press. This book was released on 2007 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.

Download or read book The Proceeds of Crime written by Trevor Millington and published by Oxford University Press, USA. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive and practical step-by-step manual on the law relating to restraint, receivership, confiscation, and money laundering. The book includes detailed coverage of the Criminal Justice Act 1988, the Drug Trafficking Act 1994, and the Proceeds of Crime Act 2002 which extendsthe law surrounding asset forfeiture to cover all criminal activity. It also contains commentary and guidance on all the processes involved with particular emphasis on court procedures, precedents, and legislative extracts. An essential reference for both defending and prosecuting criminal lawyers,it will also be important to banking, insolvency, and family lawyers.

Download or read book Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice written by Centre for Social Development and Humanitarian Affairs (United Nations) and published by New York : United Nations. This book was released on 1992 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part Two. HUMAN RIGHTS

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Download or read book Getting the Full Picture on Public Officials written by Ivana Maria Rossi and published by World Bank Publications. This book was released on 2017-01-13 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial disclosure systems are a vital component of transparency. By now 161 countries around the world have introduced financial disclosure systems, becoming commonplace around the world. But, although the rules are on the books, many practitioners are still struggling with the intricacies of the rules and how to implement them in the socioeconomic, historical, and legal context of their own country. Little guidance is available to assist them. This book aims to fill that void and provide practitioners with practical scenarios to consider before deciding on a particular course of action. This book contains short chapters that elaborate each topic and provide clear guidance on the issues that policy makers and those involved in the implementation of financial disclosure obligations will need to take into account before making a decision. How do you decide who should file? And how often? On-line or in hard copy? And what exactly? Everything they own directly—or also those apartments they own indirectly? How should information in declarations be checked? Should it be shared with public? How accessible should it be? This is the sort of practical guidance that this book aims to provide.

Download or read book Archbold Criminal Pleading Evidence and Practice written by P. J. Richardson and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: