Category: Asset Forfeiture Law

Anti-Money Laundering Act of 2020

In December 2020, Congress passed the Anti-Money Laundering Act of 2020, the most comprehensive revision of the money laundering provisions of the Bank Secrecy Act (31 U.S.C. 5311, et seq.) since the enactment of the USA Patriot Act in 2001.  The following are a two-page summary of the provisions of the Act that have a […]

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Criminal Forfeiture Procedure — 2020 Lecture Outline

This is the lecture outline for the NAAUSA-sponsored webinar on Criminal Forfeiture Procedure on December 15, 2020.  Those who download the outline before the webinar will be able to follow along and have the citations to the cases being discussed. Lecture Outline

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Criminal Confiscation in Latvia

The following document is a presentation on the use of criminal and non-conviction-based confiscation under Latvia law.  The first part discusses the statutes authorizing the confiscation of criminal proceeds and instrumentalities as part of the sentence in a criminal case, and the second part discusses doing the same when no criminal prosecution is possible.  In […]

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Recovering the Proceeds of Foreign Crimes in the U.S.

My article on Recovering the Proceeds of Foreign Crimes in the United States has been published in Spanish by Transparency International.  The following are links to the Spanish version and to the English version which will be published in the Spring of 2021 by the North Carolina Journal of International Law. Recuperación de activos – […]

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Forfeiture of Virtual Currency as Terrorist Assets

The government filed a civil forfeiture action against over 100 virtual currency accounts stolen by persons acting on behalf of North Korea from virtual currency exchanges.  The complaint alleged three theories of forfeiture: that the because the virtual currencies were sent into and out of the United States in furtherance of the theft, they were […]

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Nature and Basic Problems of Non-Conviction-Based Confiscation in the United States

My article describing the nature of non-conviction-based confiscation proceedings in the United States is now available in Spanish.  The article discusses the goals that asset forfeiture is intended to serve in the federal criminal justice system, the types of property that are subject to forfeiture, and the procedures that are used to initiate, litigate, and […]

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Criminal Forfeiture in Canada

This article, by Canada’s leading asset forfeiture expert Jeff Simser and others, discusses the status of criminal forfeiture in Canada, the types of property that may be recovered, and the procedure for doing so.  Among other things, it discusses what constitutes the proceeds of crime and the offense of laundering such proceeds, the tools the […]

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Money Laundering and Forfeiture in Qatar

These links are to the outlines I used to provide training to the Public Prosecutor’s Office in Doha, Qatar in February 2020.  One outline covers the money laundering provisions of Qatari law, and what the government prove under each statute.  The other covers the asset confiscation provisions and discusses the reasons why recovering assets is […]

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Civil Forfeiture Examples

Each year, I compile a list of civil forfeiture cases brought by the federal government that illustrate the variety of ways civil forfeiture is used as a law enforcement tool. The purpose of the list is to counter the perception created by the media that civil forfeiture is synonymous with cash seizures by state and […]

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Money Laundering and Forfeiture Training for Foreign Prosecutors

This is the text of a lecture given to prosecutors and public officials in Kazakhstan on November 18, 2020, introducing the concept of money laundering as a criminal offense.  It discusses the different types of money laundering statutes, the motives behind money laundering, and the methodologies that money launderers employ.  It then focuses on the […]

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