Money Laundering Law: Forfeiture, Confiscation, Civil Recovery, Criminal Laundering and Taxation of the Proceeds of Crime

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Hart Publishing, Jan 14, 2003 - Business & Economics - 282 pages

In the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory régimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights' audit.

Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - 'Civil Recovery'; Money Laundering and the Professions

 

Contents

1 Introduction
1
2 The Economics of Money Laundering
29
Justifications for Forfeiture Confiscation and Criminalisation
45
4 History of Forfeiture and Confiscation Provisions
71
5 The International Dimension
89
6 Forfeiture Provisions
109
7 Statutory Confiscation Provisions
123
8 Investigatory Powers
169
9 Beyond Confiscation Criminalisation
181
10 Acquisition and Deployment of Money for Terrorism
215
11 Confiscation without Conviction Civil Recovery
223
12 Money Laundering and the Professions
255
Index
275
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About the author (2003)

Peter Alldridge is Draper's Professor of Law at Queen Mary University of London, UK.

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