Freezing Order in UK Law
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Terror Financing — Asset Freezing, Human Rights and the European Legal Order
This article discusses the implications of the UN Security Council's asset freezing regime on the EU legal order and on the rights of targeted individuals and entities.
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Is there banks stocks’ manipulation around announcement of national elections and how can we detect and recover ill gotten assets?. The case of Greece
Purpose: – The purpose of this paper is to examine the influence of major non-economic events, such as the announcement of Greek national parliamentary elections during the period 2000-2009, and se...... ... from bank stock manipulation are found, a restraining orderor court order will help to recovery assets by freezing and nally conscating them ... ...
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Anti-money laundering law: a new legal regime to combat financial crime in Malaysia?
Purpose: Before the enactment of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), the fight against financial crime can be found in several statutes such as the Penal Code...... ... It is generally accepted that by freezing andforfeiting the proceeds of the crime, it would give signicant impact ... other proprietary interest due to the invocationof the forfeiture order.Originality/value – This paper analyzes the new legal regime under the ... ...
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EU Asset Recovery and Confiscation Regime – Quo Vadis? A First Assessment of the Commission’s Proposal to Further Harmonise the EU Asset Recovery and Confiscation Laws. A Step in the Right Direction?
This article aims to explore the key novelties of the proposal recently published by the Commission for a new Directive on asset recovery and confiscation and to offer critical reflection on certai...... ... recover ystages (asset tracing and identification, management, freezing and confiscation) (b) on the safeguardsfor the persons affected by such ... measures and finallyconcludes with some critical remarks, in order to contribute to the legal dialogue ahead of the finaladoption of the new ... ...
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EU Asset Recovery and Confiscation Regime – Quo Vadis? A First Assessment of the Commission’s Proposal to Further Harmonise the EU Asset Recovery and Confiscation Laws. A Step in the Right Direction?
This article aims to explore the key novelties of the proposal recently published by the Commission for a new Directive on asset recovery and confiscation and to offer critical reflection on certai...... ... recover ystages (asset tracing and identification, management, freezing and confiscation) (b) on the safeguardsfor the persons affected by such ... measures and finallyconcludes with some critical remarks, in order to contribute to the legal dialogue ahead of the finaladoption of the new ... ...
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Frustrating the Fraudster — Civil Law Weapons
Fraud has never respected national boundaries. But the advent of the Internet and modern technology has increased the ease with which money and documents can be transferred worldwide. The Fraud Adv...... ... has been described as 'the law's two nuclear weapons'2 — the freezing injunction and the search order. The majority of cases referred to ... ...
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The right of defence under Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders
The article analyses the position of persons affected by the mutual recognition procedures under Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the m...... ... This has led to a proliferation everywhereof procedural and criminal institutes of the most varied order and nature,2with assumptions andpurposes that are also obviously diverse, giving rise to extensive and complex normative domains,where problems are ... ...
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The right of defence under Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders
The article analyses the position of persons affected by the mutual recognition procedures under Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the m...... ... This has led to a proliferation everywhereof procedural and criminal institutes of the most varied order and nature,2with assumptions andpurposes that are also obviously diverse, giving rise to extensive and complex normative domains,where problems are ... ...
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Learning from failure: cross-border confiscation in the EU
Purpose: The purpose of this paper is to critically examine the strengths and weaknesses of a new European Union (EU) initiative attempting an interesting paradigm shift in the field of cross-borde...... ... aparadigmshift for the strengthening of mutual recognitionof freezing and confiscation orders in the EU.Design/methodology/approach –This ... instruments (European Arrest Warrant, EuropeanInvestigation Order, etc.,) donot cover all types of judicial decisions in criminal matters, ... ...
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Report of the Commonwealth Working Group on Asset Repatriation
Terms of reference. Issues addressed. Misappropriation of Assets. Immunities. Preventing the Movement of Funds. Serving Heads of State. Mechanisms for Asset Confiscation. Tracing and Tracking of As...... ... @@@Mutual Assistance for Freezing/Restraint/Confiscation of Assets ... 11. Acknowledging the balance of ... a request, for innocent third parties to challenge a restraint order in either requesting or requested states, and for the accused to have a ... ...
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