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Vol 21 No 11 Nov/Dec 2016

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International Tracing of Assets Looseleaf

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ISBN13: 9780752004129
ISBN: 0752004123
Published: July 1997
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Looseleaf
Price: Out of print



Publication Discontinued at the end of 2004
This work deals authoritatively with the law and practice relating to the identification, tracing and recovery of assets. It focuses on the areas of uncertainty in the law which are of particular significance to practitioners. The work provides invaluable practical guidance to all those involved with tracing assets and their recovery. Given the importance of attacking serious criminal activity through taking the profit out of crime, the work is also of special interest to those concerned with such issues as confiscature of the proceeds of crime and money laundering.

  • Looks at how to discover and identify assets worth pursuing
  • Advises how to freeze and preserve assets pending legal action
  • Focuses in particular on how to obtain evidence in the face of bank secrecy and confidentiality laws
  • Gives guidance on the investigatory and other procedures pertaining to the tracing of assets
  • Sets out the evidential and procedural issues relating to relevant legal procedures
  • Deals with matters pertaining to successful seizure and control of assets
  • Examines the law and procedure relating to the enforcement of judgements and judicial orders, both domestically and internationally

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Subjects:
Looseleaf Work
Contents:
2007: 2 Releases per year

Part 1
General review of practical problems.
Part 2
Circumstances giving rise to tracing - how to start:
criminal
regulatory - financial, banking
matrimonial property
insolvency related circumstances
civil
tax and fiscal aspects
corporate issues
administrative.
Part 3
Anti-money laundering law.
Part 4
Handling other people's money - civil law.
Part 5
Finding the assets, tracing and disclosure:
criminal procedures
regulatory procedures
civil procedures - discovery orders
insolvency procedures.
Part 7
Penetrating and dismantling a trust.
Part 8
Confiscation and forfeiture laws.
Part 9
Freezing and controlling the assets:
Mareva injunctions and relating orders
freezing and restraint oders.
Part 10
Defences.
Part 11
Enforcement:
how to enforce interim orders
how to enforce a judgement on assets held overseas.
Part 12 Service of process.
Part 13
Legal and evidential aspects of asset-related investigation.
Part 14
Parallel proceedings - concurrent proceedings and conflict of laws.
Part 15
Practice in Europe.
Part 16
Practice in USA.
Part 17 Practice in Japan.
Part 18
Practice in Commonwealth countries.
Part 19 International and regional aspects of money-laundering.
Part 20
Offshore aspects.
Part 21
Precedents.
Part 22
Listing of over 40 key international jurisdictions:
assistance to local and foreign claimants
legislative and legal constraints to obtaining access to bank accounts and financial information
money laundering law
power of locally appointed trustees and liquidators
help that the courts can provide
interim relief, what is available and what is the effect of pre-judgement relied
how to obtain an attachment order
court mechanisms and restrictions to obtain discovery of information and documentation
costs and fees.
Part 23
Sources:
Criminal Justice Act
Drug Trafficking Act
Companies Act
Enforcement of Foreign Judgements Act
extracts from Lugano and Brussels Conventions.