Money Laundering and the Proceeds of Crime: Economic Crime and Civil Remedies
Edward Elgar Publishing, 2005 M01 1 - 153 páginas
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 terroris
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American analysis application approach assets Attorney bank benefits cash Chapter character civil action civil forfeiture civil proceedings civil standard claim commission concern conduct confiscation connection constitutional context Convention conviction Court create crime control criminal activity criminal law criminal offence customs customs law decision defendant derived device doctrine domestic double jeopardy element of crime enforcement European evidence financial element foreign forfeiture action framework given global illegal drugs imposed individual initial innocence institutions interests Italy jurisdiction justice legislation liability linked mechanism money laundering object offence origins owners particular penalty person powers prevent principle problem proceeds of crime profits prohibited prosecution protection prove provisions punishment punitive reasonable recover recovery regime relies remedial Report require rules ship sought specific standard of proof statutory strategy structure sufficient taking terrorism terrorist things trade underlying United Kingdom unlawful violation
Página 35 - No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.
Página 97 - ... whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of punishment — retribution and deterrence, whether the behavior to which it applies is already a crime, whether an alternative purpose to which it may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned are all relevant to the inquiry, and may often point in differing directions.
Página 7 - Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium, signed at New York on 23 June 1953, should that Protocol have come into force.
Página 7 - Protocol amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925 and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, signed at Lake Success, New York, on 11 December 1946.
Página 116 - The case may be proved by a preponderance of probability, but there may be degrees of probability within that standard. The degree depends on the subjectmatter. A civil court, when considering a charge of fraud, will naturally require a higher degree of probability than that which it would require if considering whether negligence were established.