Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU

Foreword\nContents\nList of Contributors\nAsset Recovery in the EU: Towards a Comprehensive Enforcement Model beyond Confiscation? An Introduction\n	Background\n	I. The EU Concept of Asset Recovery: A Terminological Clarification\n	II. The EU Legal Framework on Asset Recovery, between Co-operation and Harmonisation\n	III. Objective and Structure of the Book\nPart I: Forfeiture and Fundamental Rights: Open Questions in the Twenty-First Century\n	1\n		Confiscation and the Concept of Punishment: Can There be a Confiscation without a Conviction?\n			Introduction\n			I. A Look Backwards\n			II. Different Forms of Confiscation\n			III. Confiscation: Is a Unitary Vision Possible?\n			IV. Is Confiscation a Penalty?\n			V. Identifying Criminal Punishment\n			VI. Confiscation and its Objects\n			VII. Confiscation without Conviction\n			VIII. The Legitimate Scope of Confiscation of Conviction\n			IX. Countering Objections\n			X. A Minor Evil?\n			XI. Limits\n			Conclusions\n	2\n		The History of Confiscation Laws: From the Book of Exodus to the War on White-Collar Crime\n			Introduction\n			I. Ancient Confiscation Laws: From Confiscation of Estate to Confiscation of the Instrumentalities of Crime\n			II. Modern Confiscation Laws: The Birth and Exponential Development of Confiscation of the Proceeds of Crime\n			Conclusion\n	3\n		Civil Forfeiture in Ireland: Two Decades of the Proceeds of Crime Act and the Criminal Assets Bureau\n			Introduction\n			I. Background\n			II. Legislative Framework\n			III. A Critique of the Irish Model\n			Conclusion\n			Postscript\n	4\n		The Problematic Nature of Asset Recovery Measures: Recent Developments of the Italian Preventive Confiscation\n			Introduction\n			I. \"Preventive Confiscation\" in Italy\n			II. The Recent Decisions of the Italian Supreme Court\n			III. A Firm Answer to the Nature of Preventive Confiscation? The Shortcomings of the Recent Italian Case Law\n			IV. Does the \"Compensatory\" Purpose Fall within the Scope of Criminal Sanctions?\n			V. Assuming that Preventive Confiscation is not Punitive, What Other Principles Should be Respected?\n			Conclusion\n	5\n		Extended Confiscation: Criminal Assets or Criminal Owners?\n			Introduction\n			I. What is Extended Confiscation?\n			II. Potentially Problematic Aspects of Extended Confiscation\n			Conclusion\n	6\n		Modern Forms of Confiscation and Protection of Third Parties\n			Introduction\n			I. Two Ways to Recover Assets from Third Parties\n			II. Confiscation from a Third Party in the Directive\n			III. Rights of Third Party in Confiscation Process\n			Conclusion\nPart II: INot Only About Confiscation: Towards Comprehensive Policies on Asset Recovery\n	7\n		Tax, Money Laundering and Offshore: The HSBC Suisse Affair\n			Introduction. The Leaks\n			I. Addressing Evasion\n			II. The Line Between Avoidance and Evasion\n			III. New Crimes of Offshore Evasion\n			IV. The Expansion of Laundering\n			V. Tax Evasion Offences and AML\n			VI. Changing the Position of Institutions and Advisers\n			VII. How Does the Extension of Tax Evasion Law Affect Money Laundering Law?\n			VIII. Why Are We Doing AML?\n			Conclusion-Responses\n	8\n		Asset Recovery in Four Dimensions: Returning Wealth to Victim Countries as a Challenge for Global Governance\n			Introduction\n			I. The International Legal Framework for Asset Recovery\n			II. Asset Recovery: The Anecdotal Report Card\n			III. The First Dimension: Barriers to Recovery\n			IV. The Second Dimension: Human Rights\n			V. The Third Dimension: Effectiveness\n			VI. The Fourth Dimension: (IR)rationality\n			Conclusions\n	9\n		Restitution of Dirty Assets: A Swiss Template for the International Community\n			Introduction\n			I. Options\n			II. Asset Disposal\n			Conclusion: Shortcomings and Innovation Potential\n	10\n		The Relevance of Asset Recovery Policies in Transitional Societies: The Croatian Perspective\n			Introduction\n			I. Facing the Problem of Transitional Economic Crimes in Croatia\n			II. How to Confiscate Despite the Statute of Limitations?\n			Conclusions\n	11\n		The American Perspective on Recovering Criminal Proceeds in Criminal and Non-Conviction Based Proceedings\n			Introduction\n			I. Training and Resources\n			II. Traceable Assets versus Substitute Assets\n			III. Non-conviction Based Forfeiture\n			IV. Fugitive Disentitlement Doctrine\n			V. Section 981(k)\n			VI. Enforcement of Foreign Judgments\n			Conclusion\n	12\n		The \"Pre-investigative\" Role of Financial Intelligence Units in Recovering Assets\n			Introduction\n			I. What is a Financial Intelligence Unit?\n			II. What are the FIU\"s Sources of Information?\n			III. What is an FIU Investigation (Analysis)?\n			IV. FIUs and Asset Recovery\n			Conclusion\n	13\n		Digital Currencies and the Anti-money Laundering/Counter-terrorism Financing Regulations in the EU: Imaginary Risk or Real Challenge?\n			Introduction\n			I. Why Bitcoin Matters for the AML/CTF Regulations\n			II. Current EU Policy towards Application of the AML Rules to Bitcoin-Related Businesses\n			III. Future Regulatory Developments in the EU\n			Conclusions\n	14\n		Asset Sharing as a Tool for a More Efficient Cross-Border Asset Recovery in the EU? The EU Asset Sharing Model and its Implementation in Belgium and the Netherlands\n			Introduction\n			I. Concept and Legal Basis of International Asset Sharing\n			II. Aims and Ambiguities\n			III. The EU Asset Sharing Model\n			Conclusion\n	15\n		The Social Reuse of Confiscated Assets in EU Member States: From Current Experiences to an EU Policy for a \"Powered-by-Citizens\" Fight against Crime\n			Introduction\n			I. The Current State of the Art of Asset Disposal in the EU, with Special Attention to Social Reuse\n			II. Mapping and Comparing Current Social Reuse Experiences in the EU\n			III. Exploring the Potential for Adoption of Social Reuse of Confiscated Assets by other Member States\n			Conclusion: What EU Standards on Social Reuse of Confiscated Assets?\nBibliography\nIndex