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Showing 1 to 10 of 11 (0.053 seconds)Spelling suggestions: "subject:"civil prefeitura"" "subject:"civil feitura""
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The asset forfeiture regime in Malawi and its implications for the combating of money launderingPhillipo, Jean January 2015 (has links)
Doctor Legum - LLD / The international legal framework on money laundering encourages states to put in
place effective systems for the identification, freezing, seizure and forfeiture of
proceeds and instrumentalities of crime. While the international legal framework
obligates countries to adopt conviction-based forfeiture (criminal forfeiture), it only
encourages them to consider adopting non-conviction based asset forfeiture (civil
forfeiture). This has led to a situation where countries, such as Malawi, adopt only
criminal forfeiture and not civil forfeiture. This study analyses the efficiency of the existing Malawian criminal forfeiture regime in curbing and preventing the proliferation of underlying profit-generating crimes and money laundering. This thesis contends, in part, that some countries have not adopted civil forfeiture because there is no international obligation to do so. It argues that the fact that states are not obligated to adopt civil forfeiture by international legal frameworks and national arrangements undermines the deterrent aim of the anti-money laundering and asset forfeiture systems in combating economic crimes. Some justify the casual approach to civil forfeiture by arguing that its implementation harbours the danger of violating human rights and constitutional guarantees. This thesis, however, advocates for the adoption of civil forfeiture within the limits of John Locke’s social contract theory, which guides states on how they can pursue policies and implement laws without limiting the rights of their people arbitrarily.
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A case for civil forfeiture in EthiopiaGebremeskel, Saba Hailu January 2014 (has links)
Magister Legum - LLM / This research paper aims to clarify and argue the need for Ethiopia to include civil forfeiture in its assets forfeiture legal framework. It will analyse the existing domestic assets forfeiture laws and international instruments on assets forfeiture. It will show how the new Anti-Money Laundering and Terrorist Financing Proclamation and the other anti-corruption laws deal with assets forfeiture in general and civil forfeiture in particular. For a number of reasons, Ethiopian law enforcement is struggling to investigate crimes such as money laundering and corruption to obtain convictions.
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Civil recovery of corruptly acquired assets in UgandaBogere, Philippa January 2014 (has links)
Magister Legum - LLM
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Civil recovery of corruptly-acquired assets : a legal roadmap for NigeriaOpedayo, Okubule Bukola January 2010 (has links)
<p>The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal mechanisms for the recovery of such assets in the context of international asset recovery. Despite the success of the Nigerian government in recovering the Abacha loot,8 siphoning off of public funds by public office holders continues, and charges of fraud persist against top bank executives alleged to have converted depositors&rsquo / funds fraudulently. The prevailing criminal or conviction-based forfeiture mechanism in Nigeria appears inadequate to deal effectively with these situations. The need to enhance capacity through the adoption of civil or non-conviction based forfeiture laws therefore becomes imperative.</p>
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Civil recovery of corruptly-acquired assets : a legal roadmap for NigeriaOpedayo, Okubule Bukola January 2010 (has links)
<p>The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal mechanisms for the recovery of such assets in the context of international asset recovery. Despite the success of the Nigerian government in recovering the Abacha loot,8 siphoning off of public funds by public office holders continues, and charges of fraud persist against top bank executives alleged to have converted depositors&rsquo / funds fraudulently. The prevailing criminal or conviction-based forfeiture mechanism in Nigeria appears inadequate to deal effectively with these situations. The need to enhance capacity through the adoption of civil or non-conviction based forfeiture laws therefore becomes imperative.</p>
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Civil recovery of corruptly-acquired assets: a legal roadmap for NigeriaOpedayo, Okubule Bukola January 2010 (has links)
Magister Legum - LLM / The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal mechanisms for the recovery of such assets in the context of international asset recovery. Despite the success of the Nigerian government in recovering the Abacha loot,8 siphoning off of public funds by public office holders continues, and charges of fraud persist against top bank executives alleged to have converted depositors’ funds fraudulently. The prevailing criminal or conviction-based forfeiture mechanism in Nigeria appears inadequate to deal effectively with these situations. The need to enhance capacity through the adoption of civil or non-conviction based forfeiture laws therefore becomes imperative. / South Africa
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Civil Asset Forfeiture in the Fight Against Drugs (Policy Analysis)Tuncer, Hakki 08 1900 (has links)
Even if the main criminals of an organization are incarcerated, they will be replaced by others who would continue illegal activities, unless their financial assets are removed. Thus, civil forfeiture intends to dismantle the economic infrastructure of drug trafficking networks. Civil forfeiture considers the property as guilty, rather than the owner, and it may exist even if there is not a criminal action. Therefore, it is claimed that police agencies have chosen easy targets, such as wealthy drug users rather than major drug traffickers. Consequently, it has been particularly challenged on the basis of the Excessive Fines, Double Jeopardy, and Due Process Clauses. The use of criminal forfeiture instead of civil forfeiture and the elimination of the equitable sharing provision are considered to be the primary solutions.
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The international mechanisms relating to mutual assistance in the field of information exchange and civil forfeitureŞuman, Silvia January 2009 (has links)
Magister Legum - LLM / Several international instruments relating to the forfeiture of assets derived through
unlawful means have been developed in the last decade. These relate to both civil and criminal forfeiture proceedings. Nevertheless, the processes of tracing the assets and having them forfeit to the State present formidable obstacles to justice authorities enforcers around the world. The fact of the matter is that the advent of the internet has made it easier for money launderers to camouflage the nature and the physical locality of their ill-got gains. This has made it all the more necessary for states and financial institutions to co-operate more closely in hitting the criminals where it hurts most – their pockets. However, the international structures that provide for mutual legal assistance procedures are drafted in broad terms or in guideline-form. Most of the books and journal articles dealing with money laundering devote scant attention to this very important aspect of combating transnational economic criminality. In most of the literature, this topic is simply avoided. This paper, which confines itself to civil recovery proceedings, strives
to determine first, what international mechanisms are available for obtaining information located abroad that could be used for domestic civil forfeiture, and second, to identify some of the most intractable problems encountered by justice authorities in their attempts to attach property situated abroad. The idea is to identify the principal point of discordance, and to suggest ways in which the international instruments governing civil forfeiture could be amended so as to make
them more user friendly.
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Recovering the Proceeds of Corruption: Why Kenya Should Foreground Civil ForfeitureMakhanu, Titus Barasa January 2012 (has links)
Magister Legum - LLM / Today corruption is a major concern for most countries.1 Civil forfeiture of the proceeds of corruption has been embraced as a key strategy by many states in recovering public funds lost through corruption.2 It may be defined as a remedial statutory device designed to recover the
proceeds of a crime as well as its instrumentalities.3 Originally, asset recovery regimes adopted by most states were predominantly criminal
forfeiture. This mode of forfeiture is preceded by a conviction, after which the state takes possession of the proceeds of the crime from a convicted individual.4 Its proceedings are in personam and the standard of proof is proof beyond a reasonable doubt. Thus, actual forfeiture
only takes place after the issue of a conviction order. As a consequence, it is always lengthy and often results in delayed realisation of the proceeds of crime. 5 The inherent weaknesses of criminal forfeiture gave birth to the idea of developing a civil forfeiture system.6 This mode is different from the former in that its proceedings are in rem. Hence the standard of proof is proof on a balance of probabilities and a conviction order is not required.7
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Aspects of money laundering in South African lawVan Jaarsveld, Izelde Louise 04 1900 (has links)
Money laundering involves activities which are aimed at concealing benefits that were acquired
through criminal means for the purpose of making them appear legitimately acquired. Money
laundering promotes criminal activities in South Africa because it allows criminals to keep the
benefits that they acquired through their criminal activities. It takes place through a variety of
schemes which include the use of banks. In this sense money laundering control is based on the
premise that banks must be protected from providing criminals with the means to launder the
benefits of their criminal activities.
The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the
Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s
anti-money laundering regime. Like its international counterparts FICA imposes onerous duties
on banks seeing that they are most often used by criminals as conduits to launder the benefits of
crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates
civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the
idiosyncrasies of the South African anti-money laundering regime and forwards
recommendations aimed at improving its structure.
To this end nine issues in relation to money laundering control and banks are investigated.
The investigation fundamentally reveals that money laundering control holds unforeseen
consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud
or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example,
the filing of a suspicious transaction report. However, if the bank files a suspicious transaction
report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank
parted with the benefits of fraud or theft whilst suspecting that the account holder may not be
entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover
loss suffered at the hand of the fraudster or thief from the bank.
Ultimately, this study illustrates that amendment of some of the provisions of South
Africa’s anti-money laundering legislation should enable banks to manage the aforementioned
and other unforeseen consequences of money laundering control whilst at the same time
contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D.
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