Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.
This eBook is designed to provide the reader with accurate analyses of the AML/CTF Financial and Legal Intelligence, law and practice in the nations of the world with the most current references and resources. The eBook is organized around five main themes: 1. Money Laundering Risk and Compliance; 2. The Law of Anti-Money Laundering and Compliance; 3. Criminal and Civil Forfeiture; 4. Compliance and 5. International Cooperation. Each chapter is made up of five parts. Part I, "Introduction," begins with the analysis of money laundering risks and compliance with the recommendations of the Financial Action Task Force (FATF), and then concludes with the country's rating based on the International Narcotics Control Strategy Report (INCSR) of the U.S. State Department. Part II, "Anti-Money Laundering and Combating Terrorist Financing (AML/CTF)" and Part III, "Criminal and Civil Forfeiture," evaluate the judicial and legislative structures of the country. Given the increasing global dimension of AML/CTF activities, these sections give special attention to how a country has created statutes, decisions, policies and the judicial enforcement procedures needed to combat money laundering and terrorist financing. Part IV, "Compliance," examines the most critical processes for the prevention and detection of money laundering and terrorist financing. This section reflects on the practical elements that should be in place so that financial institutions can comply with AML/CTF requirements; these are categorized into the development and implementation of internal controls, policies and procedures. Part V, "International Cooperation," reviews the compilation of international laws and treaties between countries working together to combat money laundering and terrorist financing. As these unlawful activities can occur in any given country, it is important to identify the international participants who are cooperating to develop methods to obstruct these criminal activities.
Kara E. Stooksbury,John M. Scheb II,Otis H. Stephens Jr.
Author: Kara E. Stooksbury,John M. Scheb II,Otis H. Stephens Jr.
Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. • Offers 686 alphabetically arranged entries, ranging from thoroughly updated entries from the first edition to 75 new entries that cover dramatic changes in civil rights and liberties in the last decade • Covers the latest events and controversies surrounding civil liberties issues in America • Fully explores the scope and limitations of Constitutional rights, a perennially hot topic in American politics and society • Includes primary documents with contextual headnotes to enhance understanding of the full importance of the featured document • Provides sources for further reading with each entry to help users engage in additional research
An Encyclopedia of History, Politics, Culture, and the Law
Author: Gregg Lee Carter
Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations
A Guide for Criminal Investigators, Second Edition
Author: John Madinger
Publisher: CRC Press
Many of the techniques that drug traffickers and organized crime figures use to launder money are also employed by terrorist groups - as those involved in investigating the attacks of September 11, 2001 soon discovered. These techniques and their perpetrators have grown in number and sophistication, creating an urgent need for investigators to develop strategies that will help keep them one step ahead of the game. Authoritative and accessible, Money Laundering: A Guide for Criminal Investigators, Second Edition is based on the author's extensive experience in law enforcement. It provides a clear understanding of money laundering practices and explains the investigative and legislative processes that are essential in detecting and circumventing this illegal and ultimately dangerous activity. In addition to being an informative and straightforward resource for those investigating complex narcotics cases or other cases in which there is a financial component, this new edition addresses techniques used to track down the money trail of terrorists who are highly motivated, well-trained, organized, disciplined - and well-funded. What's New in the Second Edition: þ Explains money laundering provisions under the U.S. Patriot Act þ Explains how the changes in federal forfeiture law affect existing money laundering law þ Clarifies current legislation and how it affects money laundering investigation þ Outlines the basics as well as the emerging trends of terrorist financing þ Includes two new chapters on the investigation of terrorist activities
Corrections Policy and the Politics of Misinformation in the United States
Author: Travis C. Pratt
Publisher: SAGE Publications
Category: Social Science
In Addicted to Incarceration, author Travis Pratt uses an evidence-based approach to explore the consequences of what he terms America's "addiction to incarceration," highlighting the scope of the problem, the nature of the political discussions surrounding criminal justice policy in general and corrections policy in particular, and the social cost of incarceration. Pratt demonstrates that the United States' addiction to incarceration has been fueled by American citizens' opinions about crime and punishment, the effectiveness of incarceration as a means of social control, and perhaps most important, by policies legitimized by faulty information (e.g.,fear of crime is objectively linked to victimization, petty offenders mature into violent predators, and persistent offending can be accurately predicted over the life course). Analyzing crime policies as they relate to crime rates and U.S. society's ability to both lower the crime rate and address the role of incarceration in preventing future crime, the book shows students how ineffective our rush to incarcerate has been in the last decade, as well as offering recommendations and insights into the future of this problem. Features Real world examples that put a human face on the issues open each chapter Race, ethnicity, and gender issues underlie all discussions and address key aspects of incarceration rates and crime trends The social costs of incarceration are explored, including the heightened inmate risk of personal victimization, incarceration's effect as a barrier to successful offender reintegration into society, and its role in exacerbating existing racial inequalities The final chapter contains conclusions and recommendations for future policy makers Written in an informal and accessible style, Addicted to Incarceration is appropriate for criminal justice policy or corrections courses at the undergraduate level and can also be used as a supplementary text in introductory criminal justice, criminology, and critical issues in criminal justice courses.
While Sentencing in Tasmania's focus is on Tasmania it is of relevance to all Australian jurisdictions because it contains an exposition of the common law principles in relation to sentencing including recent High Court decisions such as Olbrich (fact finding and sentencing); Ryan (sexual offenders and good character) Dinsdale (suspended sentences), Pearce (double punishment) and Postiglione (totality and parity). The discussion of specific crimes and offences includes a section of Social Security fraud together with data on sentencing ranges for the most common offences based on national data for sentences imposed in 2000. The book will be particularly useful in those jurisdictions that do not have a comprehensive and up-to-date treatise on the law of sentencing.
Hailed when it was first published in 1985 as the bible of U.S. collections management, A Legal Primer on Managing Museum Collections offers the only comprehensive discussion of the legal questions faced by museums regarding collections. This revised and expanded third edition addresses the many legal developments—including a comprehensive discussion of stolen art and the international movement of cultural property, recent developments in copyright, and the effects of burgeoning electronic uses—that have occurred during the past twenty-five years. An authorative, go-to book for any museum professional, Legal Primer offers detailed explanations of the law, suggestions for preventing legal problems, and numerous case studies of lawsuits involving museum collections.
International Recovery and Criminal and Civil Liability
Author: Janet Ulph,Ian Smith
Publisher: Bloomsbury Publishing
This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.
Partnerships, Legal Principles, and Investigative Methodologies for Law Enforcement, Second Edition
Author: George S. Steffen,Samuel M. Candelaria
Publisher: CRC Press
As drug trafficking and the abuse of illicit drugs continue to inflict untold harm upon our society, it is clear that a global initiative and an intense domestic strategy are vital to address the sophisticated drug trafficking organizations (DTOs) that are prevalent in many regions. Covering a wide array of domestic interdiction topics, Drug Interdiction: Partnerships, Legal Principles, and Investigative Methodologies for Law Enforcement, Second Edition is the most comprehensive drug interdiction book available, providing a "how-to" step-by-step guide for all law enforcement officers. Explores the gamut of interdiction scenarios Drawing on their multiple years of experience, the authors explore a range of issues that confront today’s drug interdiction officer. The book explains how to initiate specific domestic drug interdiction programs and discusses how to use business partnerships to assist law enforcement in identifying potential violators who use legitimate businesses to facilitate the drug trade. It examines consensual encounters, the use of drug canines, and interdictions involving trains, buses, airports, and rental vehicles. Wide-ranging in scope, the text also covers interdictions at hotels and those involving storage units and parcel systems. The book includes a chapter on currency seizures as well as chapters on report writing, courtroom testimony, and the role of the interdiction supervisor. Each chapter includes relevant case law that supports the protocol described. Reliable techniques, tested in the field The techniques presented in this volume are tried and true methods, utilized by the authors as part of many years of successful narcotics investigations. The unbeatable methods are deeply rooted in case law to ensure proper execution of the practices described, and admissibility in court of the evidence seized. What’s New in the Second Edition: Updated case law and case studies New information on trends, practices, and investigative techniques Every chapter updated New chapter on cloned vehicles 42 new photos, 12 new figures, increased content Learn more at Samuel Candelaria's website.
General While there is an abundance of literature dealing with the American antitrust laws, one can also observe that the application of this area of the law to foreign commerce is still in an evolutionary stage of development. To some extent this can be quantiflably explained by pointing out that the rapid rise of the interests of the American business community in foreign commerce is only a fairly recent 1 phenomenon. This participatory interest reveals a wide spectrum of commercial activities. While the traditional concept of foreign commerce was often limited to thinking in terms of exports and imports, present commercial activities include also such marketing methods as the establishment of foreign branches or subsidiaries, or 2 the location of manufacturing, processing, or assembly plants abroad. To this array of arrangements, most of which contemplate a widening of the market potential, we may add the current merger movement, the conglomerate charac ter of which has been termed its 'most unique characteristic,. 3 Little wonder that at least one author refers to the application of the 311titrust laws to foreign commerce as being still somewhat of a 'frontier area of the law'. 4 Because of the rapidly expanding participation of the American business community in interna tional commerce a gradual evolution of the international dimensions of the American antitrust laws seems therefore within the realm of justifIed expecta tions.
A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators
Author: James R. Richards
Publisher: CRC Press
WRITTEN BY A LAW ENFORCEMENT PROFESSIONAL FOR OTHER LAW ENFORCEMENT PERSONNEL IN THE TRENCHES This book examines the workings of organized criminals and criminal groups that transcend national boundaries. Discussions include methods used by criminal groups to internationally launder money; law enforcement efforts to counteract such schemes; and new methods and tactics to counteract transnational money laundering. A PRACTICAL GUIDE TO FACETS OF INTERNATIONAL CRIME AND MEASURES TO COMBAT THEM Intended for law enforcement personnel, bank compliance officers, financial investigators, criminal defense attorneys, and anyone interested in learning about the basic concepts of international crime and money laundering, this timely text explains: money laundering terms and phrases an overview of relevant federal agencies, transnational criminal organizations, and basic investigatory techniques the intricacies of wire transfers and cyberbanking the phenomenon of the "World Wide Web"
The Use of Forensic Accounting Techniques and Indirect Methods of Proof, Second Edition
Author: Gregory A. Pasco
Publisher: CRC Press
Understanding the financial motivations behind white collar crime is often the key to the apprehension and successful prosecution of these individuals. Now in its second edition, Criminal Financial Investigations: The Use of Forensic Accounting Techniques and Indirect Methods of Proof provides direct instruction on the "how to" aspects of criminal financial investigations, taking readers through the different approaches used in gathering evidence and demonstrating how to present circumstantial evidence to a judge or jury in a simple and convincing manner. Simplifying how the financial pieces fit together, this text: Presents the logic and reasoning involved in constructing a financial criminal investigation Describes the requirements for legal acceptance of forensic accounting investigations Includes relevant examples of the step-by-step processes involved in financial investigations Explores the pitfalls—and how to avoid them—in financial investigating Contains two investigations with step-by-step procedures from initial inquiry to case completion—for use as term or topical assignments or to promote class discussion New Chapters in the Second Edition: What Is a Financial Investigation? Indirect Methods in Tax Investigations Unique Aspects of Criminal Tax Investigations Innovative Applications Written by a former Special Agent with the Criminal Investigation Division of the U.S. Internal Revenue Service, this volume sets out a successful methodology enabling readers to identify, pursue, and successfully prosecute financial white collar crime.
The Second Biennial International Criminal Law Seminar
Author: Richard D. Atkins
Publisher: Martinus Nijhoff Publishers
Papers presented at the Second Biennial Alleged Transnational Criminal Seminar of the International Bar Association, held in May 1993, present an overview of current transnational crime developments. Topics include prisoner transfer treaties; the complexities involved in obtaining evidence from abroad; the use of state-sponsored kidnapping of fugitives as an alternative to extradition; money laundering and asset forfeiture; transnational tax crimes; terrorism; United Nations International Criminal Tribunal and International War Crimes Inquiry; and effective use of human rights conventions in criminal cases. The detailed table of contents mitigates the lack of an index. Annotation c. by Book News, Inc., Portland, Or.