l'his study examines the problems faced in enforcing the criminal anti-money laundering measures. For this purpose, the laundering offence and confiscation measures, both domestically and internationally, are discussed and suggestions are made for methods of enforcing those measures in order to make effective the control of money laundering in emerging economies in general and Thailand in particular. In approaching this task, this thesis uses the UK and the US legislation and their case law as well as relevant international instruments as comparative reference points for identifying the problems in enforcement and for making suggestions thereto. The primary thesis is that states should design and enforce laundering and confiscation provisions in a manner that would overcome evidentiary problems relating to the proceeds of crime. Furthermore, states should provide for a flexible system of mutual assistance in confiscation matters that does not breach the legality principle. Both money laundering and confiscation measures target the criminal proceeds, which often originate in the form of "money". As money is fungible and has no specific identity, identifying it for the purpose of these measures is very difficult and, in some cases, even impossible. Unless these evidentiary problems are properly addressed, those measures would be ineffective. In relation to mutual assistance for confiscation purposes, many states have differences in ranges, approaches, and limitations on measures for investigation, preservation and confiscation. While those differences are only optional grounds for refusing assistance under the concerned international instruments, the provision of assistance in some cases is legally impossible, particularly due to the violation of the legality principle in the requested state. For the effectiveness of mutual assistance in confiscation matters, a system should therefore be structured in a way that makes it legal to provide assistance despite these differences. This study expounds this thesis in five chapters. Chapter I outlines the historical evolution of money laundering control. Chapters II and III examine the laundering offence and confiscation respectively. Chapter IV analyses international confiscation. In light of the fmdings in the previous chapters, Chapter V makes suggestions for the effective enforcement of the repressive measures in emerging economies more generally and in Thailand more particularly.

This research looks at the best practices applied by forensic investigators in conducting lifestyle audits on white collar crime suspects. The researcher explored, firstly, how a lifestyle audit relates to white collar crime investigations; secondly, the best practices in performing lifestyle audits on white collar crime suspects, and lastly, the various sources of information available to forensic investigators when conducting a lifestyle audit of a white collar crime suspect. As lifestyle audits will serve as an investigative tool in future forensic investigations into white collar crime, this study’s aim was to understand and create an awareness of the current best practices applied by forensic investigators within private sector forensic investigation practices while conducting lifestyle audits during white collar crime investigations. It also makes available research data regarding the concept of lifestyle audits in white collar crime investigations, the implementation of these audits, the benefits, and the best practices of these audits. The general purpose of this study was to provide practical recommendations on the best practices for lifestyle audits for forensic investigators within private sector. / Criminology / M. Tech. (Forensic Investigation)

The problem encountered by the researcher was that the South African Police Service Cyber-Crimes Unit is experiencing problems in seizing computer evidence. The following problems were identified by the researcher in practice: evidence is destroyed or lost because of mishandling by investigators; computer evidence is often not obtained or recognised, due to a lack of knowledge and skills on the part of investigators to properly seize computer evidence; difficulties to establish authenticity and initiate a chain of custody for the seized evidence; current training that is offered is unable to cover critical steps in the performance of seizing computer evidence; computer seizure as a technique requires specialised knowledge and continuous training, because the information technology industry is an ever-changing area. An empirical research design, followed by a qualitative research approach, allowed the researcher to also obtain information from practice. A thorough literature study, complemented by interviews, was done to collect the required data for the research. Members of the South African Police Cyber-crime Unit and prosecutors dealing with cyber-crime cases were interviewed to obtain their input into, and experiences on, the topic. The aim of the study was to explore the role of computers in the forensic investigation process, and to determine how computers can be seized without compromising evidence. The study therefore also aimed at creating an understanding and awareness about the slippery nature of computer evidence, and how it can find its way to the court of law without being compromised. The research has revealed that computer crime is different from common law or traditional crimes. It is complicated, and therefore only skilled and qualified forensic experts should be used to seize computer evidence, to ensure that the evidence is not compromised. Training of cyber-crime technicians has to be priority, in order to be successful in seizing computers. / Department of Criminology / M.Tech. (Forensic Investigation)

The problem encountered by the researcher was that the South African Police Service Cyber-Crimes Unit is experiencing problems in seizing computer evidence. The following problems were identified by the researcher in practice: evidence is destroyed or lost because of mishandling by investigators; computer evidence is often not obtained or recognised, due to a lack of knowledge and skills on the part of investigators to properly seize computer evidence; difficulties to establish authenticity and initiate a chain of custody for the seized evidence; current training that is offered is unable to cover critical steps in the performance of seizing computer evidence; computer seizure as a technique requires specialised knowledge and continuous training, because the information technology industry is an ever-changing area. An empirical research design, followed by a qualitative research approach, allowed the researcher to also obtain information from practice. A thorough literature study, complemented by interviews, was done to collect the required data for the research. Members of the South African Police Cyber-crime Unit and prosecutors dealing with cyber-crime cases were interviewed to obtain their input into, and experiences on, the topic. The aim of the study was to explore the role of computers in the forensic investigation process, and to determine how computers can be seized without compromising evidence. The study therefore also aimed at creating an understanding and awareness about the slippery nature of computer evidence, and how it can find its way to the court of law without being compromised. The research has revealed that computer crime is different from common law or traditional crimes. It is complicated, and therefore only skilled and qualified forensic experts should be used to seize computer evidence, to ensure that the evidence is not compromised. Training of cyber-crime technicians has to be priority, in order to be successful in seizing computers. / Department of Criminology / M.Tech. (Forensic Investigation)

This research looks at the best practices applied by forensic investigators in conducting lifestyle audits on white collar crime suspects. The researcher explored, firstly, how a lifestyle audit relates to white collar crime investigations; secondly, the best practices in performing lifestyle audits on white collar crime suspects, and lastly, the various sources of information available to forensic investigators when conducting a lifestyle audit of a white collar crime suspect. As lifestyle audits will serve as an investigative tool in future forensic investigations into white collar crime, this study’s aim was to understand and create an awareness of the current best practices applied by forensic investigators within private sector forensic investigation practices while conducting lifestyle audits during white collar crime investigations. It also makes available research data regarding the concept of lifestyle audits in white collar crime investigations, the implementation of these audits, the benefits, and the best practices of these audits. The general purpose of this study was to provide practical recommendations on the best practices for lifestyle audits for forensic investigators within private sector. / Criminology and Security Science / M. Tech. (Forensic Investigation)