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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. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure

Forfeiture

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"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."--Bloomsbury Publishing.

Forfeiture. --- Reparation (Criminal justice)

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Forfeiture --- United States.

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The Treasury Executive Office for Asset Forfeiture (TEOAF) administers the Treasury Forfeiture Fund (TFF), which is the receipt account for the deposits of nontax forfeitures that result from law-enforcement actions against criminal enterprises, such as drug cartels, terrorist organizations, and individual embezzlers, by agencies that are currently, or were historically, part of the U.S. Treasury -- the Internal Revenue Service Criminal Investigation division, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the U.S. Secret Service. High levels of forfeiture from the prosecution of these crimes serve to punish the individuals involved, help to dismantle the operations associated with the crime, may deter others from engaging in similar crimes, and provide funds to support future investigations among participating agencies. TEOAF commissioned the RAND Corporation to examine the relationship between targeted funding support of significant financial investigations and the forfeiture outcomes of such investigations. This report presents the findings of that analysis.

Fines (Penalties) -- United States. --- Forfeiture -- United States -- Statistics. --- Forfeiture -- United States. --- Forfeiture --- Fines (Penalties) --- Criminal Law & Procedure - U.S. --- Law - U.S. --- Law, Politics & Government --- Statistics --- Asset confiscation --- Asset seizure --- Civil forfeiture --- Confiscation of assets --- Criminal forfeiture --- Seizure of assets --- Law and legislation --- Sentences (Criminal procedure) --- Attainder

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In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.

International criminal law. --- Forfeiture. --- Reparation (Criminal justice) --- Right of property. --- Ownership of property --- Private ownership of property, Right of --- Private property, Right of --- Property, Right of --- Property rights --- Right of private ownership of property --- Right of private property --- Right of property --- Right to property --- Civil rights --- Property --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Asset confiscation --- Asset seizure --- Civil forfeiture --- Confiscation of assets --- Criminal forfeiture --- Forfeiture --- Seizure of assets --- Sentences (Criminal procedure) --- Attainder --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Law and legislation --- Reparation (Criminal justice).