International | Asset Forfeiture Law

Stefan D. Cassella has advised the Governments of Brazil, Chile, Malta, Latvia, Jordan, Israel, South Africa, Peru, Kenya and Qatar on the formation and structure of anti-money laundering and asset forfeiture units; trained prosecutors in those countries and in Serbia, Lithuania, Moldova, Ukraine, Bosnia, Tanzania, Australia, and the United Arab Emirates; advised the U.N., World Bank and other international organizations on asset recovery issues; served as an expert witness in cases pending in foreign courts; and presented numerous papers at the Cambridge International Symposium on Economic Crime and other international conferences dealing with the globalization of crime.

His presentations have included the following:

Drafting non-conviction-based asset forfeiture legislation and training prosecutors and judges on its application in Malta in 2021-22;
Training Latvian judges and prosectors on the use of the Latvian money laundering and forfeitures statutes in Riga, Lativa in 2019, 2021 and 2022;
Explaining and promoting the enactment of non-conviction-based asset forfeiture laws in Chile and Brazil and to representatives of all Portugese-speaking countries in Lisbon, Portugal in 2022;
Training Jordanian judges in Amman, Jordan in 2021 and members of the Public Prosecution Office in Doha, Qatar in February 2020 on the administration of effective anti-money laundering and asset forfeiture programs;
Training prosecutors from Serbia, Moldova, Ukraine and Lithuania at the CEELI Institute in Prague in December 2019;
Presenting a paper on The Nature and Basic Problems of Non-Conviction Based Confiscation at the conference on Prevention, Investigation, and Sanctioning of Economic Crime, Max Plank Institute, Freiburg, Germany, June 2018;
Advising the Governments of Guatemala and Argentina on the formation of an Asset Recovery Units (with the World Bank StAR Initiative), February – March 2018;
Presentations on asset recovery, particularly in cases involving public corruption in Latin America, Convencion de Fiscales y Procuradores Generales, Lima, Peru, October 2017;
Training West African judges – the Intergovernmental Action Group Against Money Laundering in West Africa – on money laundering and asset forfeiture at the International Law Institute, Washington, DC. August 2017;
Training on money laundering and terrorist financing for civilian and military judges through the Ministry of Justice, Judicial Institute of Jordan, Amman, Jordan, October 22-25, 2017;
Training wildlife enforcement agents from Kenya, Tanzania, Uganda, Congo and Gabon on the use of money laundering and asset forfeiture to suppress the illicit wildlife trade: Nairobi, Kenya, September 10-12, 2016;
A presentation on “Money Laundering and the Insurance Industry” at the Asia Anti-Money Laundering Summit, Singapore, July 13-14, 2016;
Conducted seminars on criminal forfeiture for the prosecutors and agents assigned to forfeiture cases in the Israel Ministry of Justice, Jerusalem, January 2016 and September 2017, and the Dubai Judicial Institute, Dubai, UAE, November 2016;
Presentation on the use of non-conviction based forfeiture at conference on “Chasing criminal money in the EU: new tools and practices?” University of Luxembourg, June 2015;
Advised prosecutors at the invitation of the U.S. Embassy, Maputo, Mozambique, on forfeiture and money laundering issues, September 2014;
Trained prosecutors and agents in one-week asset forfeiture and money laundering seminar in Dar es Salam, Tanzania, October 2013;
Trained the attorney staff of the Proceeds of Crime Litigation Task Force of the Australian Federal Police, March 20-22, 2013, Melbourne, Australia;
U.S. representative, “Civil Asset Forfeiture: Exploring the Possibilities for an EU Model,” sponsored by the Max Planck Institute and the in University of Tromso, Sammaroy, Norway, June 1-2, 2012;
Served as advisor to the Government of Kenya on the implementation of the Proceeds of Crime and Anti-Money Laundering Act, Nairobi, Kenya (October 2012);

Provided training for judges and prosecutors on money laundering and asset forfeiture law in Sarajevo, Bosnia: June and December 2011;

Advisor to the prosecuting authority in the Republic of South Africa regarding the development and implementation of their organized crime, money laundering and asset forfeiture legislation, and the training of their prosecutors (1999–2015);

Member, Experts Working Group on the Confiscation of the Proceeds of Multi-national Crime, United Nations, Vienna (2001);

Author of 18 U.S.C. § 981(k), the statute authorizing the forfeiture of criminal proceeds found in foreign bank accounts, and worked extensively on the case that upheld the first use of that statute, United States v. Union Bank for Savings and Investment (Jordan), 487 F.3d 8, 16 (1st Cir. 2007).

EXPERT TESTIMONY

IN THE MATTER OF DORAVILE PROPERTIES CORPORATION and IN THE MATTER OF AN APPLICATION FOR A PROPERTY RESTRAINT ORDER IN RESPECT OF THE RECOVERABLE PROPERTY OF MOHAMMED SANI ABACHA, Royal Court of the Island of Jersey (2016);

IN THE MATTER OF PROCEEDINGS UNDER SECTION 25 OF THE CIVIL JURISDICTION AND JUDGMENTS ACT OF 1982 (MOHAMMED SANI ABACHA), High Court of Justice, Queen’s Bench Division, Commercial Court, London (2014);

IN THE MATTER OF THE PROCEEDS OF CRIME ACT (STANFORD INTERNATIONAL BANK), Central Criminal Court, London (2012);

IN THE MATTER OF ROYS POYIADJIS, High Court of Justice of the Isle of Man (2002);

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS v. YASIEN MAC MOHAMED, Constitutional Court of South Africa (2001);

IN THE MATTER OF AN APPLICATION TO DISCHARGE A SAISIE JUDICIAIRE, Royal Court of Jersey (2000);

In re: LARRY DAVID BARNETTE, High Court of Justice, Queen’s Bench Division, London, England (1998).

James S. Russell has had the following experience handling international asset forfeiture and money laundering matters, and training foreign law enforcement personnel and members of the judiciary:

Handled financial investigations leading to federal asset forfeiture and money laundering seizures and litigation involving Switzerland, Liechtenstein, Mexico, Canada, Australia, Cayman Islands, Germany, the Netherlands, Ecuador, Martinique/France, Singapore

Taught Asset Forfeiture, Money Laundering, and Financial Investigation practices and techniques at multiple US Dept of Justice Financial Investigations Seminars throughout the US 1995-present

Taught Asset Forfeiture, Money Laundering, and Financial Investigation practices and techniques to multiple US local, state, and federal investigative agencies and organizations 1990-present

Delegate-International Conference on Asset Forfeiture-Burgenstock, Switzerland 1992

Handled financial investigation and prosecuted complex drug and money laundering cartel case involving Ecuador, Switzerland, and Liechtenstein, and coordinated and negotiated with US and foreign authorities 1995-1998

Delegate-International Asset Forfeiture Cooperation Conference-Rome, Italy 2006

Taught Asset Forfeiture, Money Laundering, and Financial Investigations to US International Diplomatic Security Agents-Bangkok, Thailand 2008 and 2010

Taught Asset Forfeiture, Money Laundering, Human Trafficking, and Financial Investigation to Kosovar prosecutors, attorneys, and judges-Pristina, Kosovo 2008

Taught Asset Forfeiture, Money Laundering, and Financial Investigations to US International Diplomatic Security Agents-Budapest, Hungary 2009

Taught Asset Forfeiture, Money Laundering, and Financial Investigation to Serbian prosecutors and judges-Belgrade, Serbia 2009

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Mexican prosecutors and investigators-Puerto Vallarta, Mexico 2010

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Romanian prosecutors and officers-Bucharest, Romania 2010

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to UNODC officials-Sofia, Bulgaria 2010

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Macedonian prosecutors and investigators-Skopje, Macedonia 2011

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Kazakhstani prosecutors and investigators-Astana and Karaganda, Kazakhstan 2011

His presentations have included the following:

Drafting non-conviction-based asset forfeiture legislation and training prosecutors and judges on its application in Malta in 2021-22;

Training Latvian judges and prosectors on the use of the Latvian money laundering and forfeitures statutes in Riga, Lativa in 2019, 2021 and 2022;

Explaining and promoting the enactment of non-conviction-based asset forfeiture laws in Chile and Brazil and to representatives of all Portugese-speaking countries in Lisbon, Portugal in 2022;

Training Jordanian judges in Amman, Jordan in 2021 and members of the Public Prosecution Office in Doha, Qatar in February 2020 on the administration of effective anti-money laundering and asset forfeiture programs;

Training prosecutors from Serbia, Moldova, Ukraine and Lithuania at the CEELI Institute in Prague in December 2019;

Presenting a paper on The Nature and Basic Problems of Non-Conviction Based Confiscation at the conference on Prevention, Investigation, and Sanctioning of Economic Crime, Max Plank Institute, Freiburg, Germany, June 2018;

Advising the Governments of Guatemala and Argentina on the formation of an Asset Recovery Units (with the World Bank StAR Initiative), February – March 2018;

Presentations on asset recovery, particularly in cases involving public corruption in Latin America, Convencion de Fiscales y Procuradores Generales, Lima, Peru, October 2017;

Training West African judges – the Intergovernmental Action Group Against Money Laundering in West Africa – on money laundering and asset forfeiture at the International Law Institute, Washington, DC. August 2017;

Training on money laundering and terrorist financing for civilian and military judges through the Ministry of Justice, Judicial Institute of Jordan, Amman, Jordan, October 22-25, 2017;

Training wildlife enforcement agents from Kenya, Tanzania, Uganda, Congo and Gabon on the use of money laundering and asset forfeiture to suppress the illicit wildlife trade: Nairobi, Kenya, September 10-12, 2016;

A presentation on “Money Laundering and the Insurance Industry” at the Asia Anti-Money Laundering Summit, Singapore, July 13-14, 2016;

Conducted seminars on criminal forfeiture for the prosecutors and agents assigned to forfeiture cases in the Israel Ministry of Justice, Jerusalem, January 2016 and September 2017, and the Dubai Judicial Institute, Dubai, UAE, November 2016;

Presentation on the use of non-conviction based forfeiture at conference on “Chasing criminal money in the EU: new tools and practices?” University of Luxembourg, June 2015;

Advised prosecutors at the invitation of the U.S. Embassy, Maputo, Mozambique, on forfeiture and money laundering issues, September 2014;

Trained prosecutors and agents in one-week asset forfeiture and money laundering seminar in Dar es Salam, Tanzania, October 2013;

Trained the attorney staff of the Proceeds of Crime Litigation Task Force of the Australian Federal Police, March 20-22, 2013, Melbourne, Australia;

U.S. representative, “Civil Asset Forfeiture: Exploring the Possibilities for an EU Model,” sponsored by the Max Planck Institute and the in University of Tromso, Sammaroy, Norway, June 1-2, 2012;

Served as advisor to the Government of Kenya on the implementation of the Proceeds of Crime and Anti-Money Laundering Act, Nairobi, Kenya (October 2012);

Provided training for judges and prosecutors on money laundering and asset forfeiture law in Sarajevo, Bosnia: June and December 2011;

Advisor to the prosecuting authority in the Republic of South Africa regarding the development and implementation of their organized crime, money laundering and asset forfeiture legislation, and the training of their prosecutors (1999–2015);

Member, Experts Working Group on the Confiscation of the Proceeds of Multi-national Crime, United Nations, Vienna (2001);

Author of 18 U.S.C. § 981(k), the statute authorizing the forfeiture of criminal proceeds found in foreign bank accounts, and worked extensively on the case that upheld the first use of that statute, United States v. Union Bank for Savings and Investment (Jordan), 487 F.3d 8, 16 (1st Cir. 2007).

EXPERT TESTIMONY

IN THE MATTER OF DORAVILE PROPERTIES CORPORATION and IN THE MATTER OF AN APPLICATION FOR A PROPERTY RESTRAINT ORDER IN RESPECT OF THE RECOVERABLE PROPERTY OF MOHAMMED SANI ABACHA, Royal Court of the Island of Jersey (2016);

IN THE MATTER OF PROCEEDINGS UNDER SECTION 25 OF THE CIVIL JURISDICTION AND JUDGMENTS ACT OF 1982 (MOHAMMED SANI ABACHA), High Court of Justice, Queen’s Bench Division, Commercial Court, London (2014);

IN THE MATTER OF THE PROCEEDS OF CRIME ACT (STANFORD INTERNATIONAL BANK), Central Criminal Court, London (2012);

IN THE MATTER OF ROYS POYIADJIS, High Court of Justice of the Isle of Man (2002);

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS v. YASIEN MAC MOHAMED, Constitutional Court of South Africa (2001);

IN THE MATTER OF AN APPLICATION TO DISCHARGE A SAISIE JUDICIAIRE, Royal Court of Jersey (2000);

In re: LARRY DAVID BARNETTE, High Court of Justice, Queen’s Bench Division, London, England (1998).

James S. Russell has had the following experience handling international asset forfeiture and money laundering matters, and training foreign law enforcement personnel and members of the judiciary:

Handled financial investigations leading to federal asset forfeiture and money laundering seizures and litigation involving Switzerland, Liechtenstein, Mexico, Canada, Australia, Cayman Islands, Germany, the Netherlands, Ecuador, Martinique/France, Singapore

Taught Asset Forfeiture, Money Laundering, and Financial Investigation practices and techniques at multiple US Dept of Justice Financial Investigations Seminars throughout the US 1995-present

Taught Asset Forfeiture, Money Laundering, and Financial Investigation practices and techniques to multiple US local, state, and federal investigative agencies and organizations 1990-present

Delegate-International Conference on Asset Forfeiture-Burgenstock, Switzerland 1992

Handled financial investigation and prosecuted complex drug and money laundering cartel case involving Ecuador, Switzerland, and Liechtenstein, and coordinated and negotiated with US and foreign authorities 1995-1998

Delegate-International Asset Forfeiture Cooperation Conference-Rome, Italy 2006

Taught Asset Forfeiture, Money Laundering, and Financial Investigations to US International Diplomatic Security Agents-Bangkok, Thailand 2008 and 2010

Taught Asset Forfeiture, Money Laundering, Human Trafficking, and Financial Investigation to Kosovar prosecutors, attorneys, and judges-Pristina, Kosovo 2008

Taught Asset Forfeiture, Money Laundering, and Financial Investigations to US International Diplomatic Security Agents-Budapest, Hungary 2009

Taught Asset Forfeiture, Money Laundering, and Financial Investigation to Serbian prosecutors and judges-Belgrade, Serbia 2009

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Mexican prosecutors and investigators-Puerto Vallarta, Mexico 2010

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Romanian prosecutors and officers-Bucharest, Romania 2010

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to UNODC officials-Sofia, Bulgaria 2010

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Macedonian prosecutors and investigators-Skopje, Macedonia 2011

Taught Asset Forfeiture, Money Laundering Practices and Procedures, and Financial Investigation to Kazakhstani prosecutors and investigators-Astana and Karaganda, Kazakhstan 2011