Trabajos

THE “INNOCENT OWNER” DEFENCE TO CIVIL RECOVERY OF ASSETS LINKED TO CRIME

  • Dr. Richard Alexander

An increasingly number of jurisdictions are making use of civil recovery (termed civil forfeiture in the United States) as a weapon to seize property that is linked to crime. A key feature is that the holder of the property need not have been convicted of having committed the crime to which the property is said to be linked – or indeed of any crime at all. This gives rise to the question: what protection, if any, should be given to the holder where there is no evidence that they knew or even sus...