Hurdling the sovereign wall

Stefan Cassella

Journal of Money Laundering Control, 2019, vol. 22, issue 1, 5-13

Abstract: Purpose - The globalization of crime has made it possible for international money launderers, kleptocrats and fraudsters to commit crimes in one jurisdiction while remaining safe in another and hiding their assets in a third. At the same time, law enforcement officials remain constrained by the rules of national sovereignty that inhibit their ability to recover assets located beyond the territorial jurisdiction of their courts. Three recent cases, however, illustrate that governments have begun to find ways to hurdle the walls that have traditionally made the recovery of assets in other countries so difficult. This paper aims to sketch the facts of those cases, the legal issues presented and the ways in which the obstacles presented by the walls of sovereignty were overcome. Design/methodology/approach - This paper is the study of three recent cases. Findings - The cases illustrate how obstacles presented by national sovereignty have been overcome. Originality/value - The cases will serve as a guide to future international cooperation.

Keywords: Civil forfeiture; National sovereignty; Kleptocracy (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-09-2017-0046

DOI: 10.1108/JMLC-09-2017-0046

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