The case for civil forfeiture

Stefan D. Cassella

Journal of Money Laundering Control, 2008, vol. 11, issue 1, 8-14

Abstract: Purpose - The paper is intended to illustrate the reasons why a legislature contemplating the enactment of a set of comprehensive asset forfeiture statutes to enhance the State's ability to recover the proceeds of crime should include provisions relating toin remcivil forfeiture. Design/methodology/approach - The paper reviews the law‐enforcement situations in which civil forfeiture statutes are essential to the State's ability to recover the proceeds of crime. Findings - The paper concludes thatin personamcriminal forfeiture statutes, which authorize a court to impose forfeiture as an element of the defendant's sentence in a criminal case, are inadequate, by themselves, to allow the State to recover criminal proceeds, and thatin remcivil forfeiture provisions must be included in a legislative scheme for it to be fully effective. Practical implications - The paper is intended to be of practical value and national legislatures in countries attempting to modernize the law‐enforcement tolls available to them to recover criminal proceeds both domestically and in the global economy. Originality/value - The paper outlines the reasons why a purely in personam asset forfeiture system that relies on a criminal conviction for the recovery of criminal proceeds in inadequate, and why governments implementing asset forfeiture schemes should make civil in rem forfeiture part of the legislative program.

Keywords: Criminal forfeiture; Crimes; Legislation (search for similar items in EconPapers)
Date: 2008
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:13685200810844451

DOI: 10.1108/13685200810844451

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