|
|
|
|
by: Theodore S. Greenberg, Linda M. Samuel, Wingate Grant, Larissa Gray
|
|
|
Non-Conviction Based (NCB) asset forfeiture is a powerful tool for
recovering the proceeds and instrumentalities of
corruption,particularly in cases where the proceeds are transferred
abroad. A procedure that provides for the restraint, seizure, and
forfeiture of tainted assets without the need for a criminal
conviction, it can be critical when the wrongdoer is dead, has fled the
jurisdiction, or is immune from prosecution features common in cases of
grand corruption. A growing number of jurisdictions have established a
system to allow NCB forfeiture. In addition, NCB forfeiture has been
recommended as a tool for asset recovery at regional and multilateral
levels. The United Nations Convention Against Corruption (UNCAC) urges
countries to permit NCB forfeiture of illegally acquired assets when
the offender cannot be prosecuted in Article 54(1)(c). With this
increased attention to NCB forfeiture, there is a corresponding need
for a practical tool for use by jurisdictions contemplating NCB
forfeiture legislation.
Stolen Asset Recovery: A Good Practices Guide for Non-Conviction
Based Asset Forfeiture is designed as this practical tool. It is the
first of its kind in the area of NCB asset forfeiture and the first
knowledge publication under the Stolen Asset Recovery (StAR)
Initiative. A collaborative effort of practitioners of forfeiture and
NCB forfeiture, this book identifies the key concepts - legal,
operational and practical - that an NCB asset forfeiture system should
encompass to be effective in recovering stolen assets. The concepts are
elaborated through examples from cases and excerpts from NCB forfeiture
legislation. Further, the book provides tools that can be used by
practitioners, such as samples of investigative and court forms and
pre-seizure planning guidelines.
- Shipping Weight: 1.34 lbs (0.61 kgs)
Related Products
Customers who bought this title also purchased...
|
|
Browse:
