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Forfeiture of Proceeds of Drug-related Crimes: A British Commonwealth Perspective

NCJ Number
119771
Journal
Bulletin on Narcotics Volume: 35 Issue: 2 Dated: (April-June 1983) Pages: 3-19
Author(s)
S K Chatterjee
Date Published
1983
Length
17 pages
Annotation
British Commonwealth countries have not given much attention to the forfeiture of proceeds from drug-related offenses.
Abstract
In some of the countries there exists specific legislation relating to forfeiture. In countries lacking specific provisions concerning drug cases, provisions of forfeiture may have to be traced to the penal code or the customs and excise legislation, or even to the general criminal law. New law-making is needed to give the State complete authority to forfeit the ill-gotten gains of drug offenses. There are two ways the law of forfeiture may be developed: internally through domestic legislation and law enforcement, and externally through the cooperation of States. Two obstacles prevent full international cooperation between countries: tax havens and secret bank accounts. Owners of ill-gotten gains can easily avoid forfeiture by moving capital between certain countries. An international convention may be needed to investigate sources of large amounts of money before that money can be deposited into foreign accounts. 24 references. (Author abstract modified)