![]() ![]() ![]() Non-conviction-based confiscation or forfeiture: asset confiscation or forfeiture in the absence of the conviction of the wrongdoer. This is also called criminal confiscation or forfeiture in some jurisdictions. Conventionally, non-conviction-based confiscation requires a standard of proof that is lower than the standard required to obtain a conviction in a criminal court.Ĭonviction-based confiscation or forfeiture: confiscation by the State of proceeds of a crime for which a conviction of an offender has been recorded. They differ in the level of proof required for it to take place. Executive Office for Asset Forfeiture, 1990).Ĭonfiscation occurs under one of two types of proceedings: conviction-based confiscation or forfeiture and non-conviction-based confiscation or forfeiture. Confiscation of assets is a way to undermine the fiscal structure and even the survival of an organized criminal group by seizing illicitly obtained cash and any property derived from criminal activity (Aylesworth, 1991 Baumer, 2008 U.S. Furthermore, even after having invested in the legal economy, organized criminal groups often continue to use illicit tools and methods to advance their business, potentially pushing other businesses out of the market. The large revenues generated from organized crime activity can affect the legitimate economy and in particular the banking system adversely through untaxed profits and illicitly funded investments. The persons or entities that owned those funds or assets at the time of the confiscation or forfeiture lose all rights to the confiscated assets (FATF, 2017 McCaw, 2011 Ramaswamy, 2013). Confiscation of assets or property is the permanent deprivation of property by order of a court or administrative procedures, which transfers the ownership of assets derived from criminal activity to the State. The two terms will be used interchangeably in this Module. It is also an equally important tool to prevent organized crime infiltration of the legal economy.Ĭonfiscation is also known as forfeiture in some jurisdictions. This is why confiscation of assets is such an important measure to prevent and combat organized crime. Some criminals might be content to serve time in prison, if they know their assets will be available upon release, or that their non-incarcerated families may continue to enjoy the proceeds of crime. ![]()
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