Part 6: Forfeiture of terrorist property and tracing (Sub‐group 4: Impact of the initiatives on other areas of the law)

Abstract

Focuses on Schedule 1 of the Anti‐Terrorism, Crime and Security Act 2001, which allows for seizure, detention and forfeiture of terrorist cash by authorised officers. Discusses how far officers can trace the value in earmarked property through substitutions and mixtures by the person who obtained the property through terrorism, using means like backwards tracing and subrogation. Moves on to how far they can follow earmarked property or its traceable proceeds into the hands of innocent third party volunteers through their mixtures and substitutions, when they have not known that the property has been obtained by terrorism but have not given value in exchange for it, and when they used earmarked property when other resources were available. Assesses lastly what jurisdiction should hear civil proceedings for forfeiture of terrorist cash, a magistrate’s court or the High Court.

Citation

(2003), "Part 6: Forfeiture of terrorist property and tracing (Sub‐group 4: Impact of the initiatives on other areas of the law)", Journal of Money Laundering Control, Vol. 6 No. 3, pp. 261-268. https://doi.org/10.1108/13685200310809590