Challenges in settling non-conviction based civil confiscation of unexplained wealth

Kolarov, Todor

doi:10.1108/jmlc-07-2020-0076

Cited by 2 publications

(1 citation statement)

References 2 publications

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“…The monies sought to be forfeited total RM270m, and it is considered to be the largest civil forfeiture proceeding initiated in the country to date (Das, 2019;Kannan, 2019). However, it has been argued that the application of civil forfeiture regime has the potential to bring challenges both to the national and international legal order (Kolarov, 2020).…”

Section: Anti-money Laundering Lawmentioning

confidence: 99%

An analysis of the forfeiture regime under the anti-money laundering law

Rahman

2021

JMLC

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Purpose This paper aims to analyze the forfeiture regime under the Malaysian anti-money laundering law. Apart from discussing the relevant provisions, several court cases also were examined to identify the problems which arise in the implementation of such a powerful forfeiture regime. Design/methodology/approach This paper mainly relies on statutes and court cases as its primary sources of information. It is supported by secondary data to justify the analysis. This paper also used analytical descriptive approach to analyze relevant forfeiture provisions from statutes and to examine current court cases regarding the implementation of the forfeiture regime. Findings The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) provides comprehensive procedures for the forfeiture of criminal proceeds. Any limitations of the previous statutory legislations have been addressed, and more importantly, the AMLATFPUAA introduces more powerful and innovative measures that can facilitate the recovery of illegal proceeds from money laundering and any other serious crimes. The AMLATFPUAA also provides avenue for the bona fide third parties to contest the forfeiture order. However, it appears that such right is not easy to be enforced. Originality/value This paper provides an analysis of the forfeiture regime under Malaysian anti-money laundering laws. It is hoped that the content of this paper can provide some insight into this particular area for enforcement authorities, practitioners, academics, policymakers and legal advisers not only in Malaysia but also elsewhere. The findings of this paper also expose any weakness or lacunae in the aspects of application and implementation of the forfeiture regime. Thus, more effective and workable legal solution especially on the issue of civil forfeiture of criminal assets could be considered for further accomplishment.

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Section: Anti-money Laundering Lawmentioning

confidence: 99%

An analysis of the forfeiture regime under the anti-money laundering law

Rahman

2021

JMLC

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The discretion of the EU Member States in shaping the non-conviction based confiscation regime in the light of CJEU and ECHR case law

Wycichowski-Kuchta

2023

10.14746/rpeis

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The research presented in the article aims to assess the scope of the normative freedom of EU Member States when implementing non-conviction based confiscation. This study was based on the case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). The study shows that despite the broad discretion of the Member States resulting from the position of the CJEU, domestic regulation of this type of confiscation falls outside the scope of EU law; the extensive jurisprudence of the ECHR sets quite precise boundaries concerning the concept of confiscation without prior conviction. Thus, it limits the discretion of Member States in this regard, providing both safeguards for individuals and guidelines for national legislators that intend to develop non-conviction based confiscation regimes in their domestic legal system.

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Challenges in settling non-conviction based civil confiscation of unexplained wealth

Cited by 2 publications

References 2 publications

An analysis of the forfeiture regime under the anti-money laundering law

An analysis of the forfeiture regime under the anti-money laundering law

The discretion of the EU Member States in shaping the non-conviction based confiscation regime in the light of CJEU and ECHR case law

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