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Full-Text Articles in Law
Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella
Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella
Stefan D Cassella
The article surveys the developments in the case law regarding criminal forfeiture procedure in 2003-04.
Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella
Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella
Stefan D Cassella
The article suggests that the statutes enacted to deal specifically with terrorist financing are not always the most appropriate vehicles either for bringing criminal charges or recovering assets under the forfeiture laws, but that most traditional and generic statutes, such as those dealing with money laundering, bulk cash smuggling and currency reporting violations might be more effective in most cases.
Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella
Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella
Stefan D Cassella
The articles discusses the legislative history of the bulk cash smuggling statute, 31 U.S.C. 5332, and constitutional issues raised under the Excessive Fines Clause of the Eighth Amendment when the government seeks to use the statute to forfeit the currency being smuggled.
The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella
The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella
Stefan D Cassella
The article discusses in detail the legal theories that the government uses to forfeit property involved in money laundering offenses under both the civil and criminal forfeiture laws. The money laundering offenses include violations of 18 U.S.C. 1956 and 1957, as well as the anti-structuring and bulk cash smuggling statutes in Title 31.
Overview Of Asset Forfeiture Law In The United States, Stefan D. Cassella
Overview Of Asset Forfeiture Law In The United States, Stefan D. Cassella
Stefan D Cassella
This article is intended to give the foreign reader, or a reader unfamiliar with the basics of asset forfeiture law in the United States, an introduction to the topic. The article explains the distinctions between administrative, civil and criminal forfeiture and lists the reasons why the government would choose one procedure over the other in certain typical situations.