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Articles 1 - 3 of 3
Full-Text Articles in Law
Enforcement Of Foreign Restraining Orders, Stefan D. Cassella
Enforcement Of Foreign Restraining Orders, Stefan D. Cassella
Stefan D Cassella
Legislation in the United States now permits the federal courts to register and enforce orders issued by foreign courts for the purpose of preserving assets that are subject to forfeiture under foreign law.
This article discusses the problems the United States encountered when it first attempted to enact and apply legisation designed to facilitate the enforcement of foreign asset-preservation orders, the remedial legislation enacted to address those problems, and the recent success the U.S. government has had under the new legislation in restraining assets at the request of foreign courts so that they may be forfeited under foreign law.
Criminal Forfeiture Procedure In 2013: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella
Criminal Forfeiture Procedure In 2013: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella
Stefan D Cassella
This is another in a series of articles on developments in the federal case law relating to criminal forfeiture procedure. It covers the cases decided in 2012 and early 2013. The article begins with the cases that illustrate the concept that criminal forfeiture is part of the defendant’s sentence in a criminal case. It then takes the reader more or less chronologically through the litigation of a case, beginning with the seizure and restraint of the property and continuing through the trial and sentencing of the defendant and the adjudication of third-party issues in the post-trial ancillary proceeding. Except in …
Civil Asset Recovery: The American Experience, Stefan D. Cassella
Civil Asset Recovery: The American Experience, Stefan D. Cassella
Stefan D Cassella
The article traces the American experience with the civil, or non-conviction-based, forfeiture of the proceeds and instruments of crime, with an eye toward how that experience might inform the drafting of similar legislation in the non-common law countries of the European Union.