Journal articles: 'Legitimisation of the proceeds of the crime'

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Bell, R. E. "Taxing the Proceeds of Crime." Journal of Financial Crime 8, no. 2 (April 2000): 136–44. http://dx.doi.org/10.1108/eb025976.

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Glover, John. "Taxing the Proceeds of Crime." Journal of Money Laundering Control 1, no. 2 (February 1997): 117–24. http://dx.doi.org/10.1108/eb027128.

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Levi, Michael. "Money for Crime and Money from Crime: Financing Crime and Laundering Crime Proceeds." European Journal on Criminal Policy and Research 21, no. 2 (March 11, 2015): 275–97. http://dx.doi.org/10.1007/s10610-015-9269-7.

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Loughlan, Patricia. "Equity and the Proceeds of Crime." Current Issues in Criminal Justice 2, no. 2 (November 1990): 106–10. http://dx.doi.org/10.1080/10345329.1990.12036485.

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Alldridge, Peter, and Ann Mumford. "Tax evasion and the Proceeds of Crime Act 2002." Legal Studies 25, no. 3 (September 2005): 353–73. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00675.x.

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Pursuit of the proceeds of crime has always been central to the criminal justice agenda of Tony Blair‧s Labour Party. In response to Blair‧s moral imperatives and to wider global forces, legislation has been put in place that targets, in various ways, the proceeds of crime. These efforts reached at least a temporary culmination in the Proceeds of Crime Act 2002. The mechanisms directed against property are backed by widespread reporting obligations, set out in the Money Laundering Regulations 2003, implementing the Amending EU Directive. The increased rate of seizures and growing rate of confiscation under the Proceeds of Crime Act 2002 and a number of decided cases under the Act are evidence of the courts ‘doing their bit’. A large industry is now in place for the delivery of the legal and other services the need for which was generated by the Proceeds of Crime Act 2002.

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Antinucci, Dr Sc Mario. "“The Principles of Patrimony Due Process of Law: The Punitive Confiscation and the Protection of Third Parties Misrelated to the Crime”." ILIRIA International Review 5, no. 2 (December 31, 2015): 127. http://dx.doi.org/10.21113/iir.v5i2.84.

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main motive for cross-border organised crime, including mafia-type criminal organisations, is financial gain. As a consequence, competent authorities should be given the means to trace, freeze, manage and confiscate the proceeds of such crime. However, the effective prevention of and fight against organised crime should be achieved by neutralising the proceeds of crime and should be extended, in certain cases, to any property derived from activities of a criminal nature. Organised criminal groups operate without borders and increasingly acquire assets in Member States other than those in which they are based. There is an increasing need for effective international cooperation on asset recovery and mutual legal assistance. Among the most effective means of combating organised crime is providing for severe legal consequences for committing such crime, as well as the effective detection and the confiscation of the instrumentalities and proceeds of crime. Although existing statistics are limited, the amounts recovered from proceeds of crime in the Unionseem insufficient compared to the estimated proceeds. Studies have shown that, although regulated by Unionand national law, confiscation procedures remain underused. The adoption of minimum rules will approximate the Member States' freezing and confiscation regimes, thus facilitating mutual trust and effective cross-border cooperation. The Stockholm Programme and the Justice and Home Affairs Council Conclusions on confiscation and asset recovery, adopted in June 2010, emphasise the importance of a more effective identification, confiscation and re-use of criminal assets. In this article, we will focus on the recent Directive of the EU Parliament and of the Council on freezing and confiscation of proceeds of crime in the EU (3 April 2014).

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Gallant, Michelle. "Civil Proceedings and the Proceeds of Crime." King's Law Journal 12, no. 2 (January 2001): 231–35. http://dx.doi.org/10.1080/09615768.2001.11427539.

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Doig, Gavin A. "Proceeds of Crime Act 2002: Travel restrictions." Journal of Criminal Law 81, no. 5 (October 2017): 349–51. http://dx.doi.org/10.1177/0022018317733395.

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Cribb, Nicholas. "Tracing and confiscating the proceeds of crime." Journal of Financial Crime 11, no. 2 (April 2004): 168–85. http://dx.doi.org/10.1108/13590790410809103.

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Rhimes, Michael. "Forfeiting proceeds: Civil forfeiture, the right to property and the Constitution." South African Law Journal 138, no. 2 (2021): 325–68. http://dx.doi.org/10.47348/salj/v138/i2a4.

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Civil forfeiture powers are a useful tool in the fight against crime — particularly the organised kind. They deter such crime by removing the proceeds from wrongdoers, thereby diminishing the incentives for offending. However, as the courts in South Africa have long recognised, the forfeiture powers must be calibrated to ensure a fair balance between the public interest in crime deterrence and private interests such as the right to property. Achieving this balance when forfeiting proceeds is a vexed question which this article seeks to explore. It argues that while the forfeiture of proceeds will usually be justified by the legitimate aim of crime deterrence, forfeiture should nevertheless be subject to a proportionality check. This check is arguably required by the property clause in s 25(1) of the Constitution of the Republic of South Africa, 1996, and is justified by the need to constrain the breadth of the powers under the Prevention of Organised Crime Act. It then explores what situations might justify refusing forfeiture of proceeds, and how the proportionality check should be applied.

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Calderoni, Francesco. "Mythical numbers and the proceeds of organised crime: estimating mafia proceeds in Italy." Global Crime 15, no. 1-2 (February 21, 2014): 138–63. http://dx.doi.org/10.1080/17440572.2014.882778.

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Клочко, Алена, Николай Логвиненко, Татьяна Кобзева, and Елена Киселева. "Legalizing proceeds from crime through the banking system." Криминологический журнал Байкальского государственного университета экономики и права 10, no. 1 (2016): 194–204. http://dx.doi.org/10.17150/1996-7756.2016.10(1).194-204.

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Kirk, David. "Book Review: Confiscation and the Proceeds of Crime." Journal of Criminal Law 67, no. 3 (June 2003): 269–71. http://dx.doi.org/10.1177/002201830306700309.

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Bell, R. E. "An Evolving Series of Proceeds of Crime Models." Journal of Financial Crime 8, no. 1 (March 2000): 21–31. http://dx.doi.org/10.1108/eb025963.

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Bell, R. E. "Knowledge Management in the Proceeds of Crime Community." Journal of Financial Crime 8, no. 3 (January 2001): 207–17. http://dx.doi.org/10.1108/eb025986.

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Lusty, David. "Civil Forfeiture of Proceeds of Crime in Australia." Journal of Money Laundering Control 5, no. 4 (April 2002): 345–59. http://dx.doi.org/10.1108/eb027317.

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Chave, David. "Proceeds of crime training: bringing it up to date." Journal of Financial Crime 24, no. 3 (July 3, 2017): 437–48. http://dx.doi.org/10.1108/jfc-04-2017-0028.

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Purpose The purpose of this paper is to highlight the limitations of training provided to accredited financial investigators, police officers generally, the Crown Prosecution Service and the judiciary in relation to the Proceeds of Crime Act 2002, money laundering, the investigation of financial crime and the options to recover the assets of criminals. Design/methodology/approach A literature review of the legislation and statutory instruments; training material; evidence provided to government committees; academic papers and journal articles was undertaken to identify the intention of the legislation and how this is manifested in the training of those responsible for dealing with money laundering; cash detention and forfeiture; restraint and confiscation. Findings The training provided to accredited financial investigators has failed to progress since the implementation of the Proceeds of Crime Act 2002 that legislated for its provision. It is limited to the use of the powers granted to financial investigators within the Act, ignoring the variety of roles in which an accredited financial investigator can be used, as well as the changing face of criminality generally and specifically in terms of fraud and money laundering and the predicate criminality behind it. Additionally, the training for the Crown Prosecution Service and judiciary is inadequate with insufficient lawyers and judges with expertise in Proceeds of Crime work. Suggestions for the improvement in training are made with a recommendation that the training be reviewed regularly to ensure currency and relevance. Originality/value This paper serves as a useful review of the existing training picture in financial investigation and identifies its limitations and areas for improvement. It is essential that financial investigation is not viewed as an inconvenience or a niche role and that it is considered essential to the investigation of organised crime, money laundering, acquisitive and economic crime.

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Kreminskiy, Oleg, and Lyubov Omelchuk. "Interrogation Tactics During the Investigation of Legalization (Laundering) of Profit, Obtained Illegally in the Conditions of Using Virtual Currencies." Path of Science 7, no. 6 (June 30, 2021): 1016–23. http://dx.doi.org/10.22178/pos.71-2.

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The article is devoted to topical interrogation tactics during the investigation of legalization (laundering) of proceeds from crime. They are using virtual currencies as one of the most common investigative (search) actions. Particular attention is paid to the tactics of questioning witnesses, suspects and the accused. The directions of improving different aspects of interrogation tactics during an investigation of legalization (laundering) of proceeds from crime in the conditions of using virtual currencies are offered.

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Peare, Ivan. "An overview of the proceeds of crime act 2002*." Commonwealth Law Bulletin 29, no. 2 (January 2003): 986–95. http://dx.doi.org/10.1080/03050718.2003.9986650.

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Moors, Johannes, and Matthias Borgers. "Targeting the Proceeds of Crime: Bottlenecks in International Cooperation." European Journal of Crime, Criminal Law and Criminal Justice 15, no. 1 (2007): 1–22. http://dx.doi.org/10.1163/092895607x193515.

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Candler, Linda J. "Commingled Funds: How to Seize Proceeds of Electronic Crime." Journal of Money Laundering Control 1, no. 4 (February 1998): 312–15. http://dx.doi.org/10.1108/eb027154.

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Bridges, Martyn J., and Peter Green. "Tax Evasion: Update on the Proceeds of Crime Debate." Journal of Money Laundering Control 3, no. 4 (February 2000): 371–72. http://dx.doi.org/10.1108/eb027254.

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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.

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Rhodes QC, Robert, and Serena Palastrand. "A guide to money laundering legislation." Journal of Money Laundering Control 8, no. 1 (December 31, 2004): 9–18. http://dx.doi.org/10.1108/13685200510621271.

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Describes the greatly extended UK legislation to prevent money laundering, which is defined as the process by which the proceeds of crime and the true ownership of those proceeds are changed so that the proceeds appear to come from a legitimate source; the three stages of the money laundering process are placement, layering, and integration. Details the provisions of the Proceeds of Crime Act (POCA) 2002, including substantive money laundering offences pursuant to POCA and to the Terrorism Act 2000, “failing to report” offences, and “tipping off” offences. Outlines the Money Laundering Regulations (MLR) 2003, which place additional anti‐money laundering administrative requirements on organizations undertaking specified regulated activities. Discusses how POCA and the MLR affect disclosure and legal privilege, and the practical effects of POCA and MLR on professionals such as finance organizations, estate agents, casinos and barristers.

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Gikonyo, Constance. "The Kenyan Civil Forfeiture Regime: Nature, Challenges and Possible Solutions." Journal of African Law 64, no. 1 (January 21, 2020): 27–51. http://dx.doi.org/10.1017/s0021855320000017.

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AbstractCivil forfeiture is an asset forfeiture mechanism available to seize proceeds of crime. Kenya has embraced its use and provides statutory mechanisms for its implementation. The Proceeds of Crime and Anti-Money Laundering Act is the main statute in this regard. This article examines the substantive law and procedure for civil forfeiture provided in this statute. The analysis indicates that the provisions are technical in nature and that the process is systematic. This ensures a procedurally and substantively fair process before an individual's property is seized. This approach aims to safeguard against the arbitrary deprivation of property. Nonetheless, challenges are identified that interfere with the effective implementation of the civil forfeiture regime. These problems lead to the current underutilization of the regime. Accordingly, the article identifies viable ways of addressing these shortcomings. Implementation of these suggestions could enhance the use and success of civil forfeiture in dealing with the proceeds of crime.

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Bell, R. E. "The seizure, detention and forfeiture of cash in the UK." Journal of Financial Crime 11, no. 2 (December 31, 2003): 134–49. http://dx.doi.org/10.1108/13590790410809149.

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Stresses that the criminal economy is much more cash‐intensive than the legitimate economy, and explains why. Indicates the scope of the problem for crime control: that carrying illegal proceeds as cash across national border remains an important method of money laundering. Outlines the provisions of the Proceeds of Crime Act 2002 concerning powers to allow searches for cash, and the standard of proof required. Discusses the different types of evidence allowed: avoidance of the usual banking channels, previous convictions and acquittals, lack of business records, lack of an audit trail, credibility, presence of items indicating crime, criminal associates, lying and inconsistent statements, contamination of the cash by drugs, suspicious denomination of banknotes, attempts at concealment, travel destinations and arrangements, financial background, failure to cooperate, and confidential informants. Goes on to cash seizures under terrorist legislation, possible challenges to seizures as contrary to the European Convention on Human Rights, the choice between civil and criminal forfeiture, and how the investigation proceeds.

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Geno, Ali. "Tindak Pidana Kejahatan Pencucian Uang (Money Laundering) dalam Pandangan KUHP dan Hukum Pidana Islam." TAWAZUN : Journal of Sharia Economic Law 2, no. 1 (June 23, 2019): 1. http://dx.doi.org/10.21043/tawazun.v2i1.5223.

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<p>Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. There are three stages taken to " purification" the proceeds of crime in laundring money. First, the money generated from a crime activity is changed into a form that does not or does not arouse suspicion through placement in the financial system in various ways (placement). The second step is to conduct financial transactions that are complex, layered and anonymous with the aim of separating the proceeds of crime from various sources so that it is difficult to trace the origin of the fund which in other words hides or disguises the origin of the proceeds of crime (layering). The last step is the stage where the actor re-enters funds that have escaped their origins into Assets that appear legitimate both to be enjoyed directly, invested in various forms of material and financial assets, used to finance legitimate business activities or to refinance activities criminal act (integration).</p>

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Waziri – Azi, Fatima. "The Scope of “in Rem” Forfeiture under Nigerian Law: Issues Arising." World Journal of Social Science 7, no. 1 (November 11, 2019): 1. http://dx.doi.org/10.5430/wjss.v7n1p1.

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Some criminals might be content to serve time in prison, if they know their assets will be available upon release, orthat their families may continue to enjoy the proceeds of crime and this is why in rem forfeiture of assets is animportant mechanism that can be used to prevent this from happening. Indeed it has, generally, been used as aneffective tool to counter organized crime, drug trafficking and certain other crimes in Italy since 1956 and in theUSA since 1970. In rem forfeiture removes the tools of the crime from circulation thereby depriving the wrongdoer,his associates or family from benefiting from the proceeds of crime. Even though for now Nigeria does not have acomprehensive framework for in rem forfeiture, it is however recognized under various Nigerian Laws. This paperdiscusses in detail the legal framework of in rem forfeiture under Nigerian laws, the gaps as well as management ofseized or forfeited assets pending final forfeiture order. The paper posits that for any meaningful progress in the fightagainst corruption and the recovery of proceeds of crime to be made, anti-corruption and law enforcement agenciesmust continue to apply in rem forfeiture mechanism. The paper however emphasizes that civil forfeiture shouldnever be seen as an alternative or substitute for the institution of criminal proceedings when there is sufficientevidence to support such proceedings and where such proceedings would otherwise be justified.

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Sotande, Emmanuel. "Impediments affecting the curbing of illicit financial flows of organised crime in developing economies." Journal of Financial Crime 26, no. 1 (January 7, 2019): 5–21. http://dx.doi.org/10.1108/jfc-11-2017-0108.

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Purpose The purpose of this paper is to examine the treats hindering war against illicit financial flows of organised crime in developing economies and Nigeria in particular. The examination shows that the impediments facing the fight against money laundering and organised crime financial flows vary from one country to another. It may be lesser in developed economies where most instruments, treaties and best practice recommendations to curb serious crime originated from. However, the impediments against the proceeds of organised crime in developing economies are overwhelming. Design/methodology/approach The research methodology adopted was qualitative analysis. This was applied through the use and analysis of documents and expert interviews. Findings The impediments jeopardising the success against organised crime and other related serious crime financial flows in developing economies are devastating. Consequently, the study offered some policy implications to help mitigate these impediments in developing countries. The dynamics and the phenomena of organised crime business model are operated with ingenious strategies within the global states. Therefore, staying in control of the menace and the threats originated from the organised criminal activities would require periodic review of the global initiatives, standards and strategies deployed by the standard setters to combat organised crime and its financial flows in developing and evolving economies. Additionally, the implementing countries should be carried along and allow to make inputs when such initiatives and standards are being developed. Social implications In Nigeria, there is a clear evidence of “collateral damage” in terms of social justice as result of financial exclusion of many bankable adults of the country that do not possess unique identities for account opening documentation and customer due diligence of the Financial Action Task Force recommendation 10. Originality/value There have been quite a number of studies on organised crime and still fewer have recognised the need to explore the success or failure of combating the proceeds of crime in developing economies. This study provides answer to these gaps by screening associated risks of fighting the proceeds of organised crime in developing countries and Nigeria in particular.

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McClean, David. "Seizing the Proceeds of Crime: The State of the Art." International and Comparative Law Quarterly 38, no. 2 (April 1989): 334–60. http://dx.doi.org/10.1093/iclqaj/38.2.334.

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Kennedy, Anthony. "Civil recovery proceedings under the Proceeds of Crime Act 2002." Journal of Money Laundering Control 9, no. 3 (July 2006): 245–64. http://dx.doi.org/10.1108/13685200610681779.

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Pavlidis, George, and Konstantinos Satolias. "Tracing, freezing and confiscating the proceeds of crime in Cyprus." Journal of Money Laundering Control 22, no. 3 (July 2, 2019): 434–41. http://dx.doi.org/10.1108/jmlc-07-2018-0049.

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Purpose As a dynamic business and financial centre, the Republic of Cyprus is called upon to protect its economy and society from money laundering and criminal infiltration. To address these risks, the Republic of Cyprus has developed a comprehensive legal framework in compliance with the relevant international and EU standards. The purpose of this paper is to critically examine the legislative tools for tracing, freezing and confiscating the proceeds of crime in the Republic of Cyprus with special reference to their strengths, weaknesses and compatibility with the relevant international and EU norms. Design/methodology/approach This paper draws on legal scholarship, jurisprudence, reports and other open source data to analyse important legislative developments in Cyprus in the fields of tracing, freezing and confiscating the proceeds of crime. Findings The legislative developments that will be examined are Law 188(I)/2007, and its recent amendments which effectively target the proceeds of crime in Cyprus. Despite some weaknesses, the legislative provisions in Cyprus are compatible with international and EU norms on tracing, freezing and confiscation, while they promote international and EU cooperation in these domains. Originality/value Since the amendments of Law 188(I)/2007 came into force, this has been, to the best of the authors’ knowledge, the first comprehensive study examining the strengths and weaknesses of the legislative framework on asset tracing, freezing and confiscation, as well as its compatibility with international and EU standards.

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Lisciandra, Maurizio. "Proceeds from extortions: the case of Italian organised crime groups." Global Crime 15, no. 1-2 (February 6, 2014): 93–107. http://dx.doi.org/10.1080/17440572.2014.881735.

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IVANYTSKYI, Serhii. "Problematic aspects of financial monitoring by specially designated subjects." Economics. Finances. Law, no. 5 (May 26, 2021): 9–12. http://dx.doi.org/10.37634/efp.2021.5.2.

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Introduction. The paper stated that in the new Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction”, the domestic legislator used a number of general formulations with a broad and vague content, which may complicate its practical implementation and necessitates the theoretical research of these issues within the framework of this paper. The purpose of the paper is to analyze the state of legal regulation of the implementation by certain specially defined subjects of primary financial monitoring of obligations to prevent and counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the proliferation of weapons of mass destruction, as well as to formulate recommendations for making appropriate changes to the legislation. Results. In paragraph 1 of part 1 of art. 10 of the Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction” does not disclose the content of the terminology turnover “creation, operation or management of legal persons”. Conclusion. In order to clarify the terminology in paragraph 1 of part 1 of article 10 of the Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction”, it is advisable to amend it by adding after the words “other similar legal entities” the words “including, performing the functions of a director or secretary of a legal person, its trustee/owner/manager, nominee shareholder/owner/holder”.

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Rahman, Aspalella A. "Anti-money laundering law: a new legal regime to combat financial crime in Malaysia?" Journal of Financial Crime 23, no. 3 (July 4, 2016): 533–41. http://dx.doi.org/10.1108/jfc-07-2014-0033.

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Purpose Before the enactment of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), the fight against financial crime can be found in several statutes such as the Penal Code, Anti-Corruption Act 1997 and Companies Act 1965. It is generally accepted that by freezing and forfeiting the proceeds of the crime, it would give significant impact on the fight against financial crime. However, under these legislations, there were few shortcomings of the procedures on how the proceeds of the crime could be seized and forfeited. As such, the enactment of the AMLATFA is considered timely to overcome these problems. This paper aims to examine how the AMLATFA could be utilized to combat financial crime in Malaysia. Design/methodology/approach This paper mainly relies on statutes as its primary sources of information. As such, the relevant provisions under the Malaysian anti-money laundering laws that relate to measures for freezing, seizure and forfeiture of proceeds of the crime will be identified and analyzed. Findings The AMLATFA provides innovative tools for the law enforcement officials to follow the money trail, which will eventually lead to those who committed the financial crime. It also provides authorities with more powerful seizure and forfeiture measures. This is seen as a new law enforcement strategy to combat financial crime. It is believed that this approach is more effective than the traditional approach, which only punished the individual criminal but failed to diminish the criminal operations. However, it is vitally important to ensure that the effectiveness of the regime must not jeopardize the innocent third parties who could lose their money or any other proprietary interest due to the invocation of the forfeiture order. Originality/value This paper analyzes the new legal regime under the Malaysian anti-money laundering law that can be invoked to combat financial crimes activities. This paper would provide some guidelines into this particular area for legal enforcement authorities, academics, legal practitioners and policy makers, not only in Malaysia but also elsewhere.

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White, Natasha. "The "White Gold of Jihad": violence, legitimisation and contestation in anti-poaching strategies." Journal of Political Ecology 21, no. 1 (December 1, 2014): 452. http://dx.doi.org/10.2458/v21i1.21146.

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Since 2011, elephant poaching and the illegal ivory trade have been labelled a "serious threat to peace and security". Rigorous military training and weapons have been provided to rangers, national armies have been deployed in protected areas, and shoot-to-kill policies have been (re-)adopted. Within the framework of political ecology, the article critically approaches this "war" for Africa's elephants. Adopting the tools of discourse analysis, it explores how such violence has been legitimized by the "transnational conservation community" and, in turn, how this has been contested by other actors. It argues that the "war" has been legitimized by drawing on two broader threat discourses – the ivory-crime-terror linkage and the 'ChinaAfrica' threat. Through the discursive creation of a boundary object, poaching has 'become' a human concern that appeals to actors typically outside the conservation community. In the final Section, the case of the Lord's Resistance Army's poaching activities in Garamba National Park is explored, to show how the knowledge upon which judgements are made and decisions are taken is ahistorical, depoliticized and based on a series of untenable assumptions.Key words: Conservation, violence, discourse, ivory, political ecology

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Tran, Thu Thi Hoai, and Louis De Koker. "Confiscation of proceeds of crime in Vietnam: improving the legal framework." Journal of Money Laundering Control 24, no. 2 (February 26, 2021): 215–33. http://dx.doi.org/10.1108/jmlc-11-2020-0123.

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Purpose The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam. Design/methodology/approach This is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime. Findings Vietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets. Research limitations/implications This paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime. Originality/value This paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.

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Freiberg, Arie. "Criminal Confiscation, Profit and Liberty." Australian & New Zealand Journal of Criminology 25, no. 1 (March 1992): 44–82. http://dx.doi.org/10.1177/000486589202500105.

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Criminal confiscation legislation has been hailed as a major new weapon against crime. While not questioning the basic need for anti-proceeds of crime measures, this article argues that governments have expected too much from the legislation and that these drastic laws have the potential to undermine some of the important foundations of the criminal justice system.

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Kuzmenko, O. V., and I. S. Karpiuk. "INVESTIGATION OF THE LAUNDERING OF CRIME PROCEEDS USING VIRTUAL CURRENCIES (METHODOLOGY)." Juridical scientific and electronic journal, no. 8 (2020): 426–29. http://dx.doi.org/10.32782/2524-0374/2020-8/105.

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Levi, Michael. "New Frontiers of Criminal Liability: Money Laundering and Proceeds of Crime." Journal of Money Laundering Control 3, no. 3 (January 2000): 223–32. http://dx.doi.org/10.1108/eb027233.

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Tikhon, V. I. "Methods of Combating the Legalization of Proceeds from Crime through Non-State Pension Funds." KnE Social Sciences 3, no. 2 (February 15, 2018): 293. http://dx.doi.org/10.18502/kss.v3i2.1556.

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The crisis in the field of social security of the population occurred in the process of transformation of economic relations, and, first of all, in the pension system. A reform of the pension system has been implementing for a sufficient period of time, in order to overcome the negative phenomena. Non-state pension funds (further NPFs) have been severely criticized by the Ministry of Health and Social Development to address the mandatory pension insurance system. Private organizations ineffectively manage the pension savings of citizens, and there is also a place for - the legalization of criminal proceeds, the ministry believes, which can be confirmed by the data published by the Bank of Russia on the revocation of licenses from a number of NPFs[1].The legalization of criminal proceeds is by itself a very negative phenomenon, which adversely affects the individual organization, the economy as a whole and social life, exerting a detrimental effect on the economic and national security of society and the state. Operations, to some extent related to the legalization of criminal proceeds, significantly increase the risk of loss of reputation for non-state pension funds. As a result, these monetary resources fall into the global financial system, and acquire the ability to undermine the national currency and the economies of individual countries, thus creating a threat to both national and international security. Keywords: Legalization of criminal proceeds, private pension funds, risk-oriented approach, internal control.

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정래용 and Heonseob Choi. "Study on Efficient Management Plan for Redemption of Hidden Proceeds of Crime and Tax Crime Inspection System." Journal of hongik law review 18, no. 3 (September 2017): 331–53. http://dx.doi.org/10.16960/jhlr.18.3.201709.331.

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Hamin, Zaiton, Wan Rosalili Wan Rosli, Normah Omar, and Awang Armadajaya Pengiran Awang Mahmud. "Configuring criminal proceeds in money laundering cases in the UK." Journal of Money Laundering Control 17, no. 4 (October 7, 2014): 374–84. http://dx.doi.org/10.1108/jmlc-11-2013-0047.

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Purpose – The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under the Proceeds of Crime Act 2002 (POCA). Design/methodology/approach – This paper employs a doctrinal legal analysis and secondary data, which analyze the primary source, which is POCA itself, and secondary sources including case law, articles in academic journals, books and online databases. Findings – The authors contend that the courts in the UK have been dynamically interpreting the ambit of money laundering offenses in POCA and that despite such judicial activism in the construction of criminal property, it has provided a much needed certainty to the law. Originality/value – This paper could be a useful source of information for the practitioners, academicians, policymakers and students in this particular area of crime.

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Fletcher, Thomas. "From Harrods to billionaires’ row: unexplained wealth orders after Hajiyeva and Baker." Trusts & Trustees 26, no. 7 (September 2020): 663–71. http://dx.doi.org/10.1093/tandt/ttaa063.

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Abstract This article considers the jurisdiction in England to grant unexplained wealth orders which are contained in the Proceeds of Crime Act 2002. It particularly focuses on the implications of the recent judgments in Hajiyeva v National Crime Agency [2020] EWCA Civ 108 and Baker v National Crime Agency [2020] EWHC 822 (Admin) for trusts and trustees. It concludes by identifying and commenting on the key issues in this context which may well fall to be considered in future cases.

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Makarov, Andrey, Aleksandra Zhukova, and Tamara Makarenko. "Problems of Criminal-Law Counteraction to the Legalization (Laundering) of Proceeds from Crime." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 396–406. http://dx.doi.org/10.17150/2500-4255.2018.12(3).396-406.

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The research is relevant because laundering of proceeds from crime is a threat both at the national and the global levels. The use of criminal proceeds in the economy leads to de-stabilization and disruption of the state economic and political systems. This type of criminal income has become the material basis that organized transnational crime uses to finance terrorism and bribe officials. Quickly developing technologies, widening financial flows of civil legal and financial deals lead to new infringements on the international financial safety. This is caused by the fact that new valuable property increases the risk of infringements on it. Taking into account the international scale, criminal law protection should first of all cover the objects infringement upon which consists in the legalization (laundering) of criminal proceeds. The Russian Federation was internationally recognized when it acquired the status of a country with a market economy and an investment credit rating. Its modern methods of public administration and the mechanisms of strategic planning correspond to the national and international standards. However, Russian social and economic conditions are difficult, they require an active development and improvement in all the priority areas and, primarily, the spheres of crime counteraction and national security. The results obtained by the authors could be used in the lawmaking practice to improve Russian criminal legislation in view of the existing theoretical research and the law enforcement experience.

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Vatsikopoulous, Helen. "Panel discussion—investigative case studies." Pacific Journalism Review 18, no. 1 (May 31, 2012): 30. http://dx.doi.org/10.24135/pjr.v18i1.288.

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The transcript of a panel discussion on two Australian investigative journalism case studies, moderated by Helen Vatsikopoulos: 1. Dirty Money: The Age and ABC Four Corners investigations in 2009 and 2010 into the Federal Reserve Bank and the allegedly corrupt activities of some staff of a subsidiary company, Securency—Richard Baker, Nick McKenzie and Sue Spencer; 2. Crime Does Pay: a Sydney Morning Herald investigation into how the law enforcement agency NSW Crime Commission has been sharing the proceeds of crime with organised crime figures, cutting deals that allow them to walk away with millions of dollars—Dylan Welch, Linton Besser.

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Chasova, Tetiana. "Use of financial monitoring in the investigation of crimes in the economic sphere." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 386–89. http://dx.doi.org/10.36695/2219-5521.2.2020.74.

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The scientific article analyzes the conduct of financial monitoring during the investigation of economic crimes. The position ofscientists on the definition of financial monitoring and its role in the formation of economic security of the state is studied. The mainstatements of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financingof Terrorism and Proliferation of Weapons of Mass Destruction” on financial monitoring and standards of the Group for Developmentof Financial Measures to Combat Money Laundering and Terrorist Financing (FAT) and European Union Directive 2015/849 “On theprevention of the use of the financial system for the purpose of money laundering and terrorist financing”.Ensuring the economic security of the state is possible provided that the fight against legalization (laundering) of proceeds fromcrime. Economic crimes undermine the economic and financial system of the state, encroach on the legitimate interests of individuals.Financial monitoring is a form of financial control and its conduct as part of a criminal investigation and is a means of proof.The problem of legalization (laundering) of proceeds from crime in recent years has become particularly important because itthreatens the economic security of the country. That is why the state implements measures of enhanced control in this matter throughlegal regulation of financial monitoring. The purpose of criminal proceedings is to resolve controversial issues, including the appropriatefinancial monitoring of suspicious activities related to money laundering.The financial monitoring system covers all financial service providers and determines that there should be cooperation in resol -ving issues related to the legalization of proceeds from crime. The issue of the use of financial monitoring in criminal proceedings hasbeen studied by researchers and practitioners, but many issues remain unresolved.

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Steblianko, A. V. "Criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions on combating money laundering." Legal horizons, no. 21 (2020): 76–81. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p76.

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The article is devoted to the definition of criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds. The urgency of the problem described in the article is due to the need to increase the effectiveness of counteracting the facts of money laundering, given the state of economic crime and the losses from its existence. The article clarifies the essence of such concepts as «criterion», «evaluation» and «efficiency». Attention is drawn to the fact that the effectiveness of the interaction can be judged based on the purpose of the interaction itself. It is stated that in evaluating efficiency, qualitative and quantitative indicators should be taken into account, while the latter in the form of statistics should be considered mainly as a source of information on the state of crime, the amount of work done, and not its results. The criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds are: 1) reducing the proportion of latent crime; 2) state of information support; 3) the speed of response of financial institutions to the request of law enforcement agencies to provide certain information; 4) state of cooperation with other entities of the system of counteraction to the legalization (laundering) of proceeds from crime; 5) the number of indictments drawn up; 6) public opinion. It is concluded that the evaluation of the effectiveness of the interaction of these entities on the basis of the criteria we define will only be relevant if it is objective, of public importance, relevant to the purpose of the interacting entities.

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Obokata, Tom, Aleksandar Boskovic, and Nenad Radovic. "Serbia’s Action against Transnational Organised Crime." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (June 26, 2016): 151–75. http://dx.doi.org/10.1163/15718174-24032090.

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This article examines the extent to which Serbia has implemented relevant international standards on action against transnational organised crime contained in the United Nations Convention against Transnational Organised Crime 2000. The first part explores key obligations with particular reference to prohibition of substantive offences, intelligence-led law enforcement (special investigative techniques), confiscation of criminal proceeds, as well as international law enforcement cooperation. The second part of the article analyses how these obligations are implemented by Serbia in reality by examining legislative frameworks as well as law enforcement practices. The main conclusion is that, while Serbia has taken some steps to implement international standards with a view to enhancing individual and collective actions against transnational organised crime, effective law enforcement is hampered by issues such as corruption and a lack of expertise, experience and resources.

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Gikonyo, Constance. "Detection mechanisms under Kenya’s anti-money laundering regime: omissions and loopholes." Journal of Money Laundering Control 21, no. 1 (January 2, 2018): 59–70. http://dx.doi.org/10.1108/jmlc-06-2017-0023.

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Purpose This paper aims to detect the methods that facilitate the identification of potential money laundering activities in Kenya. Kenya is a transit point for international drug traffickers and trade-based money laundering. Hence, it is vulnerable to money laundering and consequently, it is necessary to examine the potency of its first lines of defence and its weaknesses. Design/methodology/approach The research is secondary in nature. It is based on reviewing relevant literature and analyzing the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) and the Proceeds of Crime and Anti-Money Laundering Regulations (POCAMLR). Both form the core of Kenya’s anti-money laundering regime. Findings Generally, the identified methods can facilitate identification of proceeds of crime and possible laundering activity. However, there are challenges in the provisions that could reduce effectiveness. These include intrinsic loopholes and implementation challenges, in the provisions relating to accountants, precious stone and metal dealers and the hawala system. Additionally, there is the key omission of car dealers and legal professionals from the mechanisms for detecting money laundering. Originality/value Given Kenya’s money laundering susceptibility, it is necessary and prudent to critically examine its mechanisms for detecting money laundering. The paper seeks to make a practical and scholarly contribution in filling this extant gap. This paper can trigger further discussions as well as the necessary legislative and policy changes. This would positively enhance the success of Kenya’s anti-money laundering regime in detecting money laundering activities.

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Journal articles on the topic 'Legitimisation of the proceeds of the crime'

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