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In essence a confiscation order is an order of the Crown Court requiring the convicted defendant to pay to the state a specified sum of money by a specified date (no later than 12 months after the date on which the order is made [10] reduced to 6 months with effect from 1 June 2015 [11]). The Crown Court is obliged to make a confiscation order ...
The legal basis for restraint orders in England & Wales currently is sections 40 - 47 [1] of the Proceeds of Crime Act 2002.In England & Wales a restraint order under PoCA 2002 would be made in the Crown Court.
POCA strengthened the legislation relating to seizures of cash, money laundering, investigatory powers, and restraint and confiscation procedures. Previously, only profits from certain crimes, such as drug trafficking, were liable to confiscation. The Agency had three strategic aims:
A confiscation order is a court order made in the Crown Court requiring a convicted defendant to pay a specified amount of money to the state by a specified date. Secondly, there are cash forfeiture proceedings, which take place (in England and Wales) in a magistrates' court with a right of appeal to the Crown Court , having been brought by ...
Nicaragua’s government on Wednesday declared the Jesuit religious order illegal and ordered the confiscation of all its property. The move comes one week after the government of President Daniel ...
Shaik and his companies (Nkobi Holdings and Nkobi Investments) then appealed to the Constitutional Court to question the validity of the confiscation order regarding R33 million of their assets. The original court authorised the confiscation under the Prevention of Organised Crime Act (POCA), since it held that they constitute proceeds of crime ...
In the 1980s, the war on drugs led governments again to turn to money laundering rules in an attempt to track and seize the proceeds of drug crimes in order to catch the organizers and individuals running drug empires. It also had the benefit, from a law enforcement point of view, of turning rules of evidence "upside down".
A temporary restraining order was granted September 23, 2005. [1] The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by Republican Congressman Bobby Jindal in the House and on April 7, 2006 by Republican Senator David Vitter in the Senate. [2] On August 4, 2006, it was referred to ...