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Santos And Cuellar: The U.S. Supreme Court Limits The Government's Ability To Prosecute Transnational Crime Under The Money Laundering Statutes, Stefan D. Cassella
Santos And Cuellar: The U.S. Supreme Court Limits The Government's Ability To Prosecute Transnational Crime Under The Money Laundering Statutes, Stefan D. Cassella
Stefan D Cassella
These are the lecture notes from a presentation on the impact of the Supreme Court's decisions on June 2, 2008 in the Santos and Cuellar cases, which arguably have limited the government's ability to use the anti-money laundering statutes to prosecute both domestic and international money laundering offenses. A more formal paper on this topic will be forthcoming.
Criminal Forfeiture Procedure In 2008: A Survey Of Developments In The Case Law, Stefan D. Cassella
Criminal Forfeiture Procedure In 2008: A Survey Of Developments In The Case Law, Stefan D. Cassella
Stefan D Cassella
This is an annual survey of the federal case law relating to criminal forfeiture procedure. Forfeiture is part of the sentence in a criminal case. The article discusses the cases from 2007 discussing the scope of criminal forfeiture, the rights of third parties, and the procedures under Rule 32.2 and Section 853, including indictment, seizure and restraint, guilty pleas, the bifurcated trial, sentencing, and the post-trial ancillary proceeding. Copyright © 2008 Thomson Reuters/West.
The Case For Civil Forfeiture: Why In Rem Proceedings Are An Essential Tool For Recovering The Proceeds Of Crime, Stefan D. Cassella
The Case For Civil Forfeiture: Why In Rem Proceedings Are An Essential Tool For Recovering The Proceeds Of Crime, Stefan D. Cassella
Stefan D Cassella
The article outlines the reasons why a purely in personam asset forfeiture system that relies on a criminal conviction for the recovery of criminal proceeds is inadequate, and why governments implementing asset forfeiture schemes should make civil in rem forfeiture part of the legislative program.