Resumen de The seizure and forfeiture of property associated with criminal activity

N. Liverpool

• Law enforcement agencies are increasingly beginning to recognize the usefulness of attacking groups engaged in organized crime through their assets. The growth and power of these criminal groups depend, to a large extent, on how effective they are in "earning", securing and deploying the financial proceeds of their illegal activities. The mere imprisonment of members of a group and the adoption of restrictive measures against their property, which in many cases is the source of their power and influence, may simply result in the enterprise being run more or less effectively by surrogates or from prison. Such an operation is relatively sophisticated and is the type of activity that might be expected in illicit drug trafficking.

  Cautious criminals may attempt to put their illicit profits beyond the reach of the courts within the jurisdiction of which they commit their crimes. In such cases, the existence of provisions allowing the seizure, forfeiture and confiscation of property would be in effective unless, on the one hand, such provisions could be enforced against equivalent property held within the jurisdiction of the courts or, on the other hand, some type of arrangement could be made with the country where the property may be found. Alternatively, in certain areas of criminal activity, countries may be prepared to take action against property and finances under their own jurisdiction which are derived from or related to the commission of crimes in another jurisdiction.

  This study recommends the enactment of legislation which would allow effective confiscatory action to be taken against property associated with criminal activity, and facilitate the seizure of property prior to a criminal trial and the forfeiture of property directly related to or involved in the crime. None of the present legislative models within the Commonwealth are wholly adequate.

  * This paper was initially prepared for presentation to the meeting of Commonwealth Law Ministers held at Colombo, Sri Lanka, in February 1983. In editing the material for the present publication, it was necessary to delete several chapters and appendices.