ORCID Profile
0000-0001-8537-5853
Current Organisation
University of Sydney
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Publisher: Emerald
Date: 07-10-2013
DOI: 10.1108/JMLC-07-2013-0023
Abstract: – Targeting criminal assets plays a key role in tackling crime, yet there is a notable absence of research on the operation and impact of this approach. This article calls for greater engagement between policymakers, practitioners and researchers to address this. Using experiences from Scotland, the article focuses on the use of civil recovery and identifies a number of areas that are in need of further research. This paper aims to discuss these issues. – This article is a collaborative effort by a member of the Scottish Civil Recovery Unit and an academic researcher. The aim was to stimulate debate on the use of civil recovery, its impact, and future research directions. It draws upon two case studies from Scotland to illustrate how civil recovery has operated in practice. – There are important distinctions between the civil recovery regime in Scotland and the regime that applies in other parts of the UK (e.g. the absence of “incentivisation”). There is a need to consider how the impact of civil recovery can be measured, and there is scope for future research in this area. – There is a notable absence of empirical research on civil recovery. The hope is that this article will lead to greater engagement between policymakers, practitioners and researchers. There is a need for empirical research on areas such as has civil recovery disrupted criminal activities, what intelligence gains does asset recovery bring, does asset recovery offer value for money, how is “impact” to be measured, etc. – As civil recovery increases in popularity as a form of crime control, this article calls for greater empirical research on the operation and impact of the civil process to tackling criminal assets. This is especially important today as the European Union is investigating the possibility of a European model of non-conviction based asset recovery. – Discussion of civil recovery under the Proceeds of Crime Act 2002 tends to focus on England and Wales. This article considers civil recovery from a Scottish perspective.
Publisher: Hart Publishing
Publisher: Routledge
Date: 05-02-2020
Publisher: Emerald
Date: 07-10-2013
Publisher: Cambridge University Press (CUP)
Date: 02-11-2015
DOI: 10.1017/S1744552315000269
Abstract: Non-conviction-based (NCB) asset forfeiture is a relatively recent addition to law enforcement's armoury in the fight against organised crime in the UK. It allows for criminal assets to be forfeited to the State even in the absence of criminal conviction, the stated objective being to undermine the profit incentive of criminal activity. Until now, NCB asset forfeiture has principally been critiqued from a criminological point of view, specifically concerning the Packer models and the civil/criminal dichotomy – aside from this, however, it remains rather underdeveloped theoretically. This paper addresses this lack of legal theoretical engagement with NCB asset forfeiture by providing an initial contribution from a systems-theoretical perspective. This contribution makes use of systems theory's unique insights to critique the perceived ‘failure of law’ that gave rise to the NCB approach, and challenges the legitimacy of that approach in terms of procedural rights.
Publisher: SAGE Publications
Date: 03-2013
DOI: 10.1350/CLWR.2013.42.1.0248
Abstract: Civil forfeiture is a modern crime control instrument that targets property linked to criminal activity. A recent addition to the state's crime control toolbox, the development of civil forfeiture in Ireland and in Canada, shows remarkable resistance to the idea that standard criminal justice safeguards govern the forfeiture process. The stark parallels in these two jurisdictions demonstrate tacit acceptance of a strategy that proves perilous to long-held procedural and substantive rights. By deftly shifting to formally civil instruments, Ireland and Canada have organized an assault on crime that circumvents the conventional criminal law, arguably seriously abrogating rights and procedural justice.
Publisher: Wiley
Date: 04-03-2021
Abstract: For over three decades, money laundering has been an area of concern for policymakers and law enforcement, with significant efforts undertaken at national and international levels to combat it. Recently, laundering of criminal proceeds using real property has attracted increased attention amongst policymakers. Various efforts are now being undertaken to tackle money laundering in the UK property market, but there are still significant difficulties in its practical implementation. Drawing upon semi‐structured interviews with estate agents and compliance officials, this study identifies critical aspects of AML compliance that are particularly problematic for those involved in it. In so doing, this article delivers a new perspective, by analysing data gathered with the first empirical study on the implementation of AML obligations in practice (in the UK property market) since the introduction of the 2017 Money Laundering Regulations.
Publisher: Vathek Publishing
Date: 10-2014
Publisher: SAGE Publications
Date: 10-2012
DOI: 10.1350/IJEP.2012.16.4.411
Abstract: Conventional understanding distinguishes between criminal law (and procedures) and civil law (and procedures). These distinctions often rest upon differences as to the moving party, the culpability of a wrongdoer, the nature of a wrong, the remedy available, etc. to determine whether a particular action ought to fall upon the civil or the criminal side of the paradigmatic ide. These distinctions, however, prove problematic in relation to hybrid systems of justice, given legislative attempts to pursue criminal law objectives using civil processes. Using the non-conviction-based asset forfeiture model adopted in Ireland, and drawing upon the test adopted by the US Supreme Court as to what distinguishes the civil from the criminal, this article examines how the Irish judiciary has responded to this approach, ultimately contending that the courts have failed to provide a check against the legislature circumventing enhanced procedural protections of the criminal process and imposing punishment in the civil forum. The article concludes by asking whether a hybrid, or middle-ground, process, in which some enhanced procedural protections are afforded to a person confronted with punitive civil sanctions, offers an alternative to the rigid confines of the conventional civil/criminal dichotomy.
Publisher: Springer International Publishing
Date: 2018
Publisher: Springer International Publishing
Date: 2018
Publisher: Cambridge University Press (CUP)
Date: 04-11-2019
DOI: 10.1017/LST.2019.28
Abstract: Following concerns that the art market is being used to launder criminal money and fund terrorist activities, measures have recently been introduced to subject the market to the anti-money laundering (AML) regime – such as the EU 5 th Money Laundering Directive (2018) and the US Illicit Art and Antiquities Trafficking Prevention Bill (2018). The expansion of the AML regime to include art dealers has been attributed to the failure of regulation and the vulnerabilities inherent in the market to laundering. This paper considers vulnerabilities to money laundering and examines the types of regulation that apply in the art market. The paper then goes on to analyse the application of AML criminal law and preventive measures in the UK context, demonstrating that art dealers can be criminally prosecuted for engaging in normal commercial activities. Even if dealers do comply with AML reporting rules, such compliance can significantly impact upon their business. These are important considerations given the government's emphasis on striking a balance between the burdens on business and deterring money laundering activities. Drawing upon the AGILE analytical framework, we remain sceptical about the continued expansion of the AML regime.
Publisher: Hart Publishing
Publisher: Springer Science and Business Media LLC
Date: 02-09-2016
Publisher: Oxford University PressOxford
Date: 17-08-2023
Publisher: Routledge
Date: 05-02-2020
Publisher: Springer International Publishing
Date: 2018
Publisher: Springer International Publishing
Date: 2018
Publisher: Springer International Publishing
Date: 2018
Publisher: Edward Elgar Publishing
Date: 08-04-2020
Publisher: Cambridge University Press (CUP)
Date: 09-2014
DOI: 10.1111/LEST.12018
Abstract: Civil forfeiture is playing an increasingly prominent role in the fight against organised crime. While this tool is attractive to law enforcement agencies, it does give rise to concerns under Art 6 of the ECHR. Such proceedings ought to attract the full range of enhanced procedural protections inherent in the criminal process. Even if the Strasbourg Court decides otherwise, there is an argument that the presumption of innocence ought to apply where civil forfeiture proceedings are instituted against a person subsequent to that person being acquitted in criminal proceedings. The Strasbourg jurisprudence, though, is permeated by confusion and inconsistency, which does not inspire confidence that the rights of the in idual will be protected. The final section of this paper, then, considers whether civil forfeiture represents a proportionate response in the fight against organised crime. Ultimately, though, given lack of information on such crime, we cannot provide an answer either way – what can be said, though, is that civil forfeiture has had a significant impact on the rights of the in idual.
Publisher: Hart Publishing
Date: 2018
Publisher: Informa UK Limited
Date: 13-02-2020
Publisher: Elsevier BV
Date: 2023
DOI: 10.2139/SSRN.4370145
Location: United Kingdom of Great Britain and Northern Ireland
Location: United Kingdom of Great Britain and Northern Ireland
Location: United Kingdom of Great Britain and Northern Ireland
Location: United Kingdom of Great Britain and Northern Ireland
Start Date: 2017
End Date: 2018
Funder: Arts and Humanities Research Council
View Funded ActivityStart Date: 2005
End Date: 2018
Funder: Irish Research Council
View Funded ActivityStart Date: 2015
End Date: 2016
Funder: Arts and Humanities Research Council
View Funded ActivityStart Date: 2014
End Date: 2014
Funder: Arts and Humanities Research Council
View Funded Activity