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Forfeiture of the Proceeds of Drug Trafficking

NCJ Number
119809
Journal
Bulletin on Narcotics Volume: 36 Issue: 4 Dated: special issue (October-December 1984) Pages: 21-30
Author(s)
N Nagler
Date Published
1984
Length
10 pages
Annotation
This article describes procedures for the forfeiture of drug profits under consideration by the British government and suggests three ways of developing international cooperation to trace and confiscate illegally acquired assets held abroad.
Abstract
The Hodgson Committee recommended that criminal courts be empowered to order the confiscation of the proceeds of crimes provided that they exceeded a prescribed minimum amount. Since proceeds of drug crimes often move across national boundaries, international cooperation is necessary in order to trace and confiscate illegal assets held abroad. Three methods of ensuring international cooperation are suggested. First, extend national laws to deal with the forfeiture of illegal drug profits in accordance with the provisions of the Single Convention on Narcotic Drugs. Second, follow the example of Canada's law that makes it an offense to receive or possess the proceeds of a crime whether or not the crime took place in Canada. Third, develop extra-territorial jurisdiction, similar to that created to respond to international terrorism, to respond to international drug trafficking. Annexes to the article describe Council of Europe efforts to develop international cooperation in tracing, freezing, and confiscating drug assets and a bilateral agreement between the United Kingdom and the United States on drug money laundering in the Cayman Islands. 3 references. (Author abstract modified)

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