Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation, and Civil Recovery
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 19 April 2007
- Number of Volumes 2 binders
- ISBN 9780199298983
- Binding Looseleaf
- No. of pages2000 pages
- Size 246x171 mm
- Language English 0
Categories
Short description:
This definitive work, previously published by LNUK, is now available in looseleaf format with regular updates (approximately two per year). It covers the expanding law and practice of Asset Recovery in the domestic, European, and international spheres.
MoreLong description:
This definitive work, previously published by LNUK, is now available in looseleaf format with regular updates (approximately two per year). It covers the expanding law and practice of Asset Recovery in the domestic, European, and international spheres, and is designed for practitioners involved in investigations and legal proceedings for the recovery of the proceeds of crime (including terrorism). The work covers the three areas of recovery instigated by law enforcement agencies: (1) criminal confiscation in the criminal courts; (2) civil recovery in the civil courts; and (3) taxation by administrative proceedings and on appeal to the courts. The work also contains a part dealing with money laundering and terrorist financing offences and regulation and compensation, restitution and forfeiture procedures and orders in the criminal courts.
This new edition has been updated to cover all recent developments in recovery of the proceeds of crime, and, since Asset Recovery law itself is a complex blend of civil and criminal law, all recent developments in property, trust, insolvency, and taxation law. The new edition has also been expanded to provide; increased procedural guidance (with checklists and precedents); extended comparative coverage; and enhanced commentary on enforcement issues in the Magistrates' Court.
Table of Contents:
BINDER I
PART I - POCA REGIMES, INVESTIGATION, MONEY LAUNDERING, AND TERRORIST FINANCING
The Asset Recovery Regime
Power of Investigation
Money Laundering and Terrorist Financing
PART II - CRIMINAL CONFISCATION AND TERRORIST PROPERTY FORFEITURE
Criminal Confiscation and Terrorist Property Forfeiture: Preservation of Assets
Criminal Confiscation
Criminal Compensation, Forfeiture, and Restitution Orders
Terrorist Property Forfeiture
Criminal Confiscation and Terrorist Property Forfeiture: Enforcement
Reconsideration of Confiscations Orders
MATERIALS
Materials Part I-Precedents
(1) Proceeds of Crime Act 2002-Restraint Order Prohibiting Disposal of Assets
(2) Proceeds of Crime Act 2002-Draft Order Appointing an Enforcement Receiver
(3) Proceeds of Crime Act 2002 Form1-Notice of Application for Leave to Appeal and Appeal by the enforcement agency
(4) Proceeds of Crime Act 2002 Form2-Notice and Grounds of Opposition to an Application for Leave to Appeal and Appeal by the enforcement agency
(5) An Application and Witness Statement in Support of an Increase or Decrease in relation to Proceeds of Crime Act 2002 s 22
(6) An Application and Witness Statement in Support of an Increase or Decrease in relation to Proceeds of Crime Act 2002 s 23
(7) Draft Management Receivership Order for use in a Criminal Justice Act, Drug Trafficking Act or Proceeds of Crime Act Matter
(8) Witness Statement for Use in Support of a Criminal Justice Act, Drug Trafficking Act or Proceeds of Crime Act Matter
Materials Part II- Appendices
Appendix 1 - United Kingdom Statutes
Appendix 2 - POCA Statutory Instruments
Appendix 3 - Other Statutory Instruments
Appendix 4 - Rules of Court
Appendix 5 - Court Practice Directions
Appendix 6 - International Materials
INDEX
BINDER II
PART III - CIVIL RECOVERY
Civil Recovery: Preservation of Assets
Civil Recovery: Proceedings and Hearing
Civil Recovery: Enforcement
Civil Recovery: Cash Detention and Forfeiture in Summary Proceedings
PART IV - INSOLVENCY, TAXATION, AND INTERNATIONAL ENFORCEMENT AND ASSISTANCE
Insolvency
Taxation in Asset Recovery
Taxation: International Enforcement and Assistance
Criminal Confiscation and Forfeiture: International Enforcement and Assistance
Terrorist Property Forfeiture: International Enforcement and Assistance
Civil Recovery Claims: International Enforcement and Assistance
MATERIALS
Materials Part I-Precedents
(1) Proceeds of Crime Act 2002 Property Freezing Order
(2) Proceeds of Crime Act 2002 Interim Receivership Order
(3) Practice Direction on Civil Recovery Proceedings
(4) Criminal Procedure Rules Part 8 Claim Form
(5) Forms from Magistrates Courts (Detention and Forfeiture of Cash) Rules 2002 SI 2998
(6) Draft Civil Recovery Order
Materials Part II- Appendices
Appendix 1 - United Kingdom Statutes
Appendix 2 - POCA Statutory Instruments
Appendix 3 - Other Statutory Instruments
Appendix 4 - Rules of Court
Appendix 5 - Court Practice Directions
Appendix 6 - International Materials
Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation, and Civil Recovery
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