The Legal Framework of Asset Forfeiture for Money Laundering in the United Kingdom and Malaysia

Zaiton Hamin, Muhammad Muaz Abdul Hakim, Saslina Kamaruddin and Wan Rosalili Wan Rosli
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Zaiton Hamin: Faculty of Law, Universiti Teknologi MARA (UiTM) Shah Alam, Malaysia
Muhammad Muaz Abdul Hakim: Faculty of Law, Universiti Teknologi MARA (UiTM) Shah Alam, Malaysia
Saslina Kamaruddin: Faculty of Management & Economics, Sultan Idris Education University, Malaysia
Wan Rosalili Wan Rosli: Faculty of Management, Law & Social Sciences, University of Bradford, United Kingdom

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 2, 4404-4414

Abstract: Money laundering has been drawn toward the proceeds of crime for a long time. In this sense, proceeds of crime can be described as money or property earned from profit-oriented crime. Therefore, the necessity for asset recovery, especially to forfeit such proceeds, is considered one of the legal tools to deprive money launderers of illegal profits, and the AML regimes give the power for criminal justice actors to do so. Asset forfeiture is when a law enforcement agency seizes cash, property, or possessions based on the suspicion that these assets were acquired by or will be used for criminal activity. Nonetheless, the authors perceive that such forfeiture measures have their implications. This paper examines the broad concept of money laundering and forfeiture, its legal positions in the UK and Malaysia, and the legal implications that arise. This paper uses a doctrinal legal analysis and secondary data, which analyses primary sources, the POCA 2002 and the AMLATFPUAA 2001, as well as secondary sources, including case law, articles in academic journals, books, and online databases. Furthermore, this paper could be a valuable source of information for practitioners, academicians, and students. It could also be a beneficial guide for policymakers for future amendments to the law.

Date: 2025
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