Smith, Owen and Bodnar on Asset Recovery, Criminal Consfiscation, and Civil Recovery

Loose Leaf | April 19, 2007

EditorIan Smith, Tim Owen QC, Andrew Bodnar

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This definitive work, previously published by LNUK, is now available in looseleaf format with regular updates (one in the first year, two thereafter). It covers the expanding law and practice of Asset Recovery in the domestic, European, and international spheres, and is designed forpractitioners involved in investigations and legal proceedings for the recovery of the proceeds of crime (including terrorism). The work covers the three areas of recovery instigated by law enforcement agencies: (1) criminal confiscation in the criminal courts; (2) civil recovery in the civilcourts; and (3) taxation by administrative proceedings and on appeal to the courts. The work also contains a part dealing with money laundering and terrorist financing offences and regulation and compensation, restitution and forfeiture procedures and orders in the criminal courts. This new edition has been updated to cover all recent developments in recovery of the proceeds of crime, and, since Asset Recovery law itself is a complex blend of civil and criminal law, all recent developments in property, trust, insolvency, and taxation law. The new edition has also been expandedto provide; increased procedural guidance (with checklists and precedents); extended comparative coverage; and enhanced commentary on enforcement issues in the Magistrates' Court.

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This definitive work, previously published by LNUK, is now available in looseleaf format with regular updates (one in the first year, two thereafter). It covers the expanding law and practice of Asset Recovery in the domestic, European, and international spheres, and is designed forpractitioners involved in investigations and legal pro...

From 1995 Ian Smith was a solicitor advocate in the Business Crime Group at Irwin Mitchell, before being called to the bar in 2003. He is now based at 11 Stone Buildings and specialises in civil fraud litigation, financial advice and financial products liability, asset recovery and anti-money laundering law. Tim Owen QC (called 1983, ...

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Format:Loose LeafDimensions:2000 pagesPublished:April 19, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019929898X

ISBN - 13:9780199298983

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Table of Contents

BINDER IPART I - POCA REGIMES, INVESTIGATION, MONEY LAUNDERING, AND TERRORIST FINANCING1. The Asset Recovery Regime2. Power of Investigation3. Money Laundering and Terrorist FinancingPART II - CRIMINAL CONFISCATION AND TERRORIST PROPERTY FORFEITURE1. Criminal Confiscation and Terrorist Property Forfeiture: Preservation of Assets2. Criminal Confiscation3. Criminal Compensation, Forfeiture, and Restitution Orders4. Terrorist Property Forfeiture5. Criminal Confiscation and Terrorist Property Forfeiture: Enforcement6. Reconsideration of Confiscations OrdersMATERIALSMaterials Part I-PrecedentsProceeds of Crime Act 2002 Restraint Order Prohibiting Disposal of AssetsProceeds of Crime Act 2002 Draft Order Appointing an Enforcement ReceiverProceeds of Crime Act 2002 Form-Notice of Application for Leave to Appeal and Appeal by the Prosecutor or the Director of the Assets Recovery AgencyProceeds of Crime Act 2002 Form 2-Notice and Grounds of Opposition to an Application for Leave to Appeal and Appeal by the Prosecutor or the Director of the Assets Recovery AgencyMaterials Part II- AppendicesAppendix 1 - United Kingdom StatutesAppendix 2 - POCA Statutory InstrumentsAppendix 3 - Other Statutory InstrumentsAppendix 4 - Rules of CourtAppendix 5 - Court Practice DirectionsAppendix 6 - International MaterialsINDEXBINDER IIPART III - CIVIL RECOVERY1. Civil Recovery: Preservation of Assets2. Civil Recovery: Proceedings and Hearing3. Civil Recovery: Enforcement4. Civil Recovery: Cash Detention and Forfeiture in Summary ProceedingsPART IV - INSOLVENCY, TAXATION, AND INTERNATIONAL ENFORCEMENT AND ASSISTANCE1. Insolvency2. Taxation in Asset Recovery3. Taxation: International Enforcement and Assistance4. Criminal Confiscation and Forfeiture: International Enforcement and Assistance5. Terrorist Property Forfeiture: International Enforcement and Assistance6. Civil Recovery Claims: International Enforcement and AssistanceMATERIALSMaterials Part I-PrecedentsProceeds of Crime Act 2002 - Property Freezing OrderProceeds of Crime Act 2002 - Interim Receivership OrderMaterials Part II- AppendicesAppendix 1 - United Kingdom StatutesAppendix 2 - POCA Statutory InstrumentsAppendix 3 - Other Statutory InstrumentsAppendix 4 - Rules of CourtAppendix 5 - Court Practice DirectionsAppendix 6 - International Materials