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Money laundering is a serious crime that harms the interests of society, causes economic instability in a country, and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Due to this complexity, asset forfeiture becomes crucial because the approach method used is known as "follow the money." This research reviews asset forfeiture in money laundering from a law enforcement perspective. This research evaluates asset confiscation methods in money laundering cases from a law enforcement perspective, aiming to better protect societal interests and prevent criminals from gaining illicit profits. This research is normative or doctrinal, also known as dogmatic research with a conceptual and legislative approach. The findings indicate that, although asset forfeiture has been regulated through criminal prevention actions based on the Criminal Code and the Criminal Procedure Code, as well as civil and administrative actions based on the Anti-Money Laundering Act, there are still shortcomings in regulations that allow criminals to hide their illegal gains. It has not achieved justice and harms both the country and the victims of money laundering. To ensure crime doesn't benefit perpetrators, it's essential to expand asset seizure regulations by revising the Anti-Money Laundering Act to include civil seizures and cover all crime-related assets. Strengthening protections for innocent third parties is also necessary to uphold justice. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a need for constant change and reform of the law to ensure that it remains transparent, up-to-date and applicable to all means through which economic crime can be committed, South Africa lacks the necessary resources and attitudes to accomplish this essential goal. Design/methodology/approach: The approach used in this paper is purely qualitative using journal articles, textbooks, reports, periodicals, speeches and legislation as its basis. It is through a consolidation of this literature that this paper was formed. Findings: While South Africa's present system of asset forfeiture is producing some impressive results, the process still has vast room for improvement. There are key areas which this paper outlines for reform. However, the probability of improvement is relatively low owing to the levels of corruption, illicit activities and attitudes of mistrust within the South African society at large. Originality/value: The concept of asset forfeiture is not new to any international jurisdiction, let alone South Africa itself. However, this paper aims to give insight into the specific South African experience of this procedure and how it can possibly be improved within the specific context. [ABSTRACT FROM AUTHOR]

Despite the wide reach of anti-money laundering legislation worldwide and increasing media attention, fostered by journalistic leaks such as Panama Papers, empirical knowledge on how criminals launder their illicit proceeds is still scarce. The few available empirical studies show that money laundering (ML) schemes are often less sophisticated than they are depicted in the political and media debate. To contribute to the empirical knowledge of ML behaviour, and test this hypothesis, the present study analyses the ML activities related to 2818 Italian offenders included in the ML section of the LexisNexis' WorldCompliance database. Through a quantitative content analysis of textual information related to each offender's profile, it highlights the characteristics of the ML offenders, the methods (or 'typologies' in FATF terms) employed, the assets seized, the business sectors involved and the countries in which ML was conducted. The results confirm that criminals tend to employ unsophisticated typologies, as well as prefer Italy or jurisdictions that are close (geographically and culturally) to Italy for laundering their illicit proceeds. Tangible assets (first real estate and registered vehicles) are more frequent than financial assets. Finally, differences exist between the laundering by mafia-related ML offenders and non-mafia ones. The study provides empirical ground to progress in the knowledge of how ML offenders behave, and supports the idea that criminals, when laundering their proceeds, do not act as legitimate entrepreneurs, but may be driven by other constraints and drivers. [ABSTRACT FROM AUTHOR]

Local governments provide many crucial services from limited budgets, yet often subsidize the profitable, private businesses in professional sports leagues in the United States. Policing represents one important public service. Policing typically constitutes large portions of government budgets and also generates revenue through fines and forfeitures. Existing evidence suggests that large municipal expenditures in other areas can have an ambiguous effect on policing outcomes. This paper addresses the question of whether large public expenditures on sports facilities affect drug asset forfeiture using two-way fixed effects (TWFE) and generalized dynamic model specifications (GDMS). The results are similar across estimation methods, with static TWFE results suggesting a treatment effect of $1,274–5,589 in additional forfeiture per million in subsidies and results from the newer GDMS estimators suggesting $7,703 per million in subsidies. The results imply that, beyond generating no tangible local economic benefits, public subsidization of sports facilities also leads police to make up budget shortfalls by more aggressive policing, which has important implications for racial equity. [ABSTRACT FROM AUTHOR]

The article discusses the legal issues related to pay-to-stay statues of U.S. states, particularly the provisions allowing the seizure of inherited property to recompense for a person's incarceration costs. Also cited are the claim that property seizure is an interference by states on a decedents' freedom to choose their beneficiaries, and the alleged disadvantages of said statutes like perpetuating a cycle of poverty and reducing the urgency of decarceration.

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Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Countries in Europe have experienced radio frequency interference from Russian electronic warfare units, affecting navigation systems without discrimination. Interference has been identified as coming from the Russian mainland, Kaliningrad, and in the areas where it is engaged in conflicts abroad, creating serious hazards for aircraft. Previous research has identified the technical vulnerabilities to aviation from radio frequency interference, but it has yet to be contextualised in light of the ongoing geopolitical tensions. Using literature review analysis, the aim of the article is to place the jamming and spoofing threat in the context of ongoing political tensions between Russia and the region and to establish worse-case scenarios based on the former’s motives. Focusing on the threats to aircraft, it finds that the likely motivations are to (1) complement political narratives of Western aggression; (2) to deny service for intimidation, harassment, economic loss, and to portray a dominant Russian cyber influence; and (3) to use spoofing to enable hostage diplomacy via the seizure of people and assets. It argues that reporting mechanisms for aviation risks assumes geographical staticism, which does not correspond adequately to the threat. It also creates arbitrary “predictability” in otherwise unpredictable environments, which could ultimately affect vigilance and due diligence in the areas not considered problematic. [ABSTRACT FROM AUTHOR]

When most people hear the word "sanctions," they think of formal economic and political punishments leveled at rogue regimes, like the US trade embargo against Iran, or the threatened expulsion of Hungary from the European Union. Both kinds of sanctions have been leveled against Russia since its February 2022 invasion of Ukraine. But the past eight months have also brought a different sanctions strategy to the fore: one aimed at stigmatizing the individuals close to Putin's regime, in hopes of shattering elite support and encouraging revolt. These sanctions, which have led to the freezing and seizure of Russian oligarchs' assets in the West, have prompted the first murmurs of public dissent by Russian oligarchs in nearly two decades. The sanctions have consequently been effective in destabilizing Putin's authority, cracking the façade of control that has previously deterred attempts to topple him. This article explains the sociological dynamics of this strategy, and how stigma can be effective even where legal and economic punishments fail. [ABSTRACT FROM AUTHOR]

Money laundering is a crime that harms the public interest, causes economic instability in a country, and is more dangerous than corruption because tracking money flow from money laundering will be more difficult. When considering the impact, asset forfeiture is vital since it employs a "follow the money" strategy. This study reviews asset forfeiture in money laundering from the perspective of justice. This study is a normative or doctrinal research, also called dogmatic research, with a conceptual and statutory approach. The study shows that asset forfeiture in money laundering has been regulated in Indonesia as criminal forfeiture based on the Criminal Code and Criminal Procedure Code, civil forfeiture, and administrative forfeiture based on the PPTPPU Law. However, in its regulation and implementation, there are still legal loopholes that criminals can use to hide the proceeds of their crimes, so it has not provided a sense of justice and is detrimental to the state and society as victims of money laundering. Based on the perspective of justice rooted in the principle of fundamental justice, crime should not benefit the perpetrators. This perspective underlies the need to expand the scope of asset forfeiture arrangements, especially civil/in rem forfeiture, by reformulating the provisions in the PPTPPU Law. Furthermore, broadening coverage can be achieved by enacting laws that govern asset forfeiture. This legislation should encompass not only assets held in the user accounts of financial service providers but also all assets connected to criminal activity. Protecting good faith third parties is necessary to enhance the society and state's sense of fairness.

Targeted sanctions, namely asset freezes and travel bans, are no longer the province of foreign policy alone. They are increasingly often used by governments in response to crime, such as corruption, human rights abuse, cybercrime, drug trafficking, and transnational organized crime writ large. Such sanctions are imposed based on permissive evidential standards, such as that of "credible evidence" or "reasonable grounds to suspect." Their advent has added a new layer to a multi-tier system of state responses to crime. First, there is the traditional approach of criminal prosecution and conviction based on the criminal standard of proof. Second, one rung below is non-conviction based asset forfeiture, a notionally civil confiscation of supposed proceeds of crime that eschews the need for compliance with a suite of criminal trial safeguards. At the third level of this hierarchy are crime-based targeted sanctions, which vest the state with the greatest latitude in dealing with suspected criminals. Based on a wide-ranging analysis of international practice, this article contends that not only are crime-based sanctions de facto a criminal justice tool, but also that a coherent set of principles is required to determine their relationship with other responses to criminal behavior. [ABSTRACT FROM AUTHOR]

Many police departments across the United States seize property from community members in a process referred to as civil asset forfeiture. While the use of this practice varies across departments, few studies have examined how police organizational structure may influence how agencies may use this tool. Using data from the 2016 & 2020 waves of the Law Enforcement Management & Administration Survey (LEMAS), we examine how organizational constructs influence whether and how frequently agencies collect asset forfeiture revenue. Findings suggest that a range of organizational and community-policing metrics influence civil asset forfeiture across both waves. Measures of professionalization were related to civil asset forfeiture in 2016, but not 2020. [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Portuguese courts have admitted and applied the reverse piercing of the corporate veil doctrine -- recognised by some legal systems, such as Brazil and the US -- in situations where a company is used as an instrument to conceal assets from a third party's private creditors, notably the shareholders (including de facto shareholders) or closely related entities. This article analyses Portuguese case law and academic opinion, with a view to ascertaining when this doctrine applies. [ABSTRACT FROM AUTHOR]

The study’s relevance was that the events studied in it are currently taking place in Ukraine, which indicates the need for their analysis and practical resolution as soon as possible. Because of this, the purpose of the work was revealed to determine the priority compensation methods for damage and losses caused during the Russian Federation's armed attack on Ukraine. For this, the work used the way of analysis and synthesis, comparison, deduction, formal-legal, and generalization. As a result, it was established that recording losses and damages is a complex process, especially in areas where active hostilities are taking place. It was proved that the priority methods of ensuring further compensation for losses are the seizure of assets of residents of the Russian Federation located on the territory of Ukraine, as well as the formation of a special fund for the payment of compensation to the victims. [ABSTRACT FROM AUTHOR]

On its inception, the non-conviction-based asset confiscation and forfeiture regime attracted both praise and criticism. Using the Rule of Law as an analytic framework, this paper evaluates the non-conviction-based asset confiscation and forfeiture regime under Botswana's Proceeds and Instruments of Crime Act, 2014. The paper finds that whilst the regime has withstood constitutional attacks, it still retains some shortcomings. For instance, there is lack of clarity on the standards of proof, procedures and inadequate protection of third-party rights. The paper recommends reforms. [ABSTRACT FROM AUTHOR]

Copyright of BE N'ius - Beiträge aus der Berner Justiz Contributions de la Justice Bernoise is the property of University Library of Bern and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This Article addresses a critical, trillion-dollar question: How do we hold Russia accountable for the reconstruction of Ukraine? The nation has been devastated by Russia's brutal war of aggression, with tens of thousands killed, millions displaced and its economy in shambles. The enormity of the problem cannot be overstated. Existing proposals to support Ukraine, including many from prominent scholars, largely focus on seizing Russian assets, particularly central bank reserves "frozen" by sanctions. Such strategies, however, are legally problematic--likely well beyond the scope of Presidential authority--and financially insufficient. Moreover, while prospective new legislation could expand presidential powers, it risks new challenges, including significant constitutional considerations and potential violations of international law--risking adverse implications for U.S. foreign policy, as well as the efficacy of global financial infrastructure. To square this most critical circle, this Article proposes establishing a war reparations facility for Ukraine, modeled on the United Nations Compensation Commission, which paid over $52 billion to 1.5 million victims of Iraq's unlawful 1990 invasion of Kuwait, funded by a levy on Iraqi oil sales. The proposal offers numerous advantages, including bypassing legal issues associated with seizing Russian reserves and--most critically--facilitating direct compensation to individual war victims, similarly funded through a Russian oil sales levy. Though hardly uncomplicated, Russian participation can be incentivized through economic leverage. Due to sanctions, Russian oil trades at a discount, totaling tens of billions annually. As detailed in the Article, that delta can be transposed to fund a reparations facility for Ukraine, in effect collateralized by $325 billion of Russia's "frozen" reserves. Along with an actionable solution--with immediate policy utility--this Article raises significant normative implications, including with respect to critical issues of state responsibility following conflicts. While there is no way for Russia to truly compensate its victims, reparations may provide some modicum of justice and the means to rebuild. It is imperative for policymakers to celeritously implement this critical support for victims of a barbaric war. [ABSTRACT FROM AUTHOR]

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds. [ABSTRACT FROM AUTHOR]

Copyright of Archives of Criminology / Archiwum Kryminologii is the property of Polish Academy of Sciences, Institute of Legal Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The conception of a Christianity submitted to Papal Power, also indirectly, on every matter concerning the spiritual well-being of the Faithful and implying a lordship of the whole world including the regulation of the relations among Christian princes and between Christians and infidels, caused the Pope to decide on the recognition of the rights of the Portuguese Crown over the discovered lands and seas. Further, according to several commentators like Baldus (1327-1400) every State could under Civil Law (iure civili) occupy part of the sea, exercising sovereignty over it "as to jurisdiction and protection" (quoad jurisdictionem et protectionem). The Portuguese Crown enjoyed a right of quasi possessio over the whole of the maritime area of the Estado da Índia (in English, State of India). The Portuguese Crown forbade to all and every person of whatsoever estate and condition, including foreigners, to sail to the lands and seas of Guinea and India and all other Portuguese lands, seas and places conquered by Portugal using ships other than the Portuguese under penalty of death and asset forfeiture. Therefore, we can say that from the establishing of the Estado da Índia flowed the imposition of the system of mare clausum upon the Indian Ocean economy. On the other hand, Hugo Grotius' Mare Liberum (1609) consists in a coherent refutation of the arguments put forward by the Portuguese to justify their claim to mare clausum. He stresses that no one can own the sea, no one can forbid another to sail without being guilty of wrong. Because of this, the Portuguese did not hold property over the East, they had no right to exclude the Dutch from sailing to the East Indies and do business with the Indians because this right belongs to all peoples. The Chapter 11 of Grotius' work De Indis (that is, De Jure Praedae) helps us to see the legal controversy over the seizure of the Santa Catarina from the viewpoint of a continuous and evident violation of natural law perpetrated by the Portuguese. This violation of natural law justified Admiral Van Heemskerck's initiative of punishing the inhuman economic and trade practices of the Portuguese with the aim of restoring the much-needed freedom of trade and navigation in the region. [ABSTRACT FROM AUTHOR]

The Proveana database for provenance research is a new service of the German Lost Art Foundation in Magdeburg. Complementing the Lost Art database for the documentation of cultural assets which were displaced or relocated as a result of the events of World War II, the centre has released the new database in 2020 to support provenance research through documenting historical information from four different provenance research areas on cultural assets seized due to national socialist persecution (Nazi-looted art), cultural assets displaced during wartime (war booty), cultural assets seized in the Soviet-occupied zone and the GDR, as well as cultural assets and collections from colonial contexts, thereby making it more transparent and contributing to the solution of unresolved cases. [ABSTRACT FROM AUTHOR]

The article discusses the United States' efforts to confiscate personal assets of Russian oligarchs and government officials during the Ukraine conflict. Initially, proposals to liquidate these assets faced criticism for lacking due process safeguards, but the 117th Congress passed legislation that expanded asset forfeiture powers while ensuring due process rights. The text explores the history and controversies surrounding asset forfeiture and due process in the United States, as well as the international context and debates surrounding targeted sanctions. It also discusses legal challenges, limitations, and various legislative and executive branch efforts to target Russian assets. The recently passed Amendment 6596 establishes a precedent for future conflicts and provides reparations to victims of Russia's aggression, while respecting due process rights. [Extracted from the article]

Copyright of En la España Medieval is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Investigaciones Historicas is the property of Universidad de Valladolid, Facultad de Filosofia y Letras and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This scientific communication is one of the most discussed issues in Romanian doctrine and jurisprudence on asset forfeiture. As such, we summarize the controversial aspects and explain our position, which is often critical of the court that pronounced one solution or another. [ABSTRACT FROM AUTHOR]

The Proveana database for provenance research is a new service of the German Lost Art Foundation in Magdeburg. Complementing the Lost Art database for the documentation of cultural assets which were displaced or relocated as a result of the events of World War II, the centre has released the new database in 2020 to support provenance research through documenting historical information from four different provenance research areas on cultural assets seized due to national socialist persecution (Nazi-looted art), cultural assets displaced during wartime (war booty), cultural assets seized in the Soviet-occupied zone and the GDR, as well as cultural assets and collections from colonial contexts, thereby making it more transparent and contributing to the solution of unresolved cases. [ABSTRACT FROM AUTHOR]

This essay reviews Alessandro Barbano's book L'inganno. Antimafia. Usi e soprusi dei professionisti del bene (2022), and questiones this author's sharp critics on Antimafia policy in Italy, and overall on the seizures of assets belonging to presumed Mafiosi, according to the existing laws. [ABSTRACT FROM AUTHOR]

After the expulsion of the Society of Jesus, the Temporalities Board of Buenos Aires seized its temporary assets. This article will revisit one of these episodes. Since 1768, several social actors demanded from the Board the return of sumptuary goods that, previously, they had entrusted to two Chilean Jesuit provincial procurators. These objects had arrived in 1767 on the San Fernando Ship as mission goods in contravention of the crown provisions. [ABSTRACT FROM AUTHOR]

This research note reports on the creation of a new panel dataset using multiple waves of substate estimates from the National Survey on Drug Use and Health. It also provides identifying information that contains state, place, and/or agency codes for merging additional datasets at levels below the state. The process for creating this dataset and for merging external data is described. This research note ends by providing an example analysis utilizing the panel dataset in combination with law enforcement personnel data from the Federal Bureau of Investigation and forfeiture data from municipalities in Minnesota to analyze the relationship between civil asset forfeiture and crime. [ABSTRACT FROM AUTHOR]