Implications of forfeiting property in money laundering cases in Malaysia

Abstract

Purpose

The purpose of this paper is to examine the broad concept of forfeiture, its legal positions in the UK and Malaysia, and to highlight the implications of such forfeiture systems and legislations.

Design/methodology/approach

This paper uses a doctrinal legal analysis and secondary data, which analyses primary sources, the POCA (2002) and the AMLATFA 2001, and secondary sources including case law, articles in academic journals, books and online databases.

Findings

The authors contend that the civil forfeiture system and law have far-reaching implications, affecting not only law enforcement agencies, but also on property owners, the courts and bona fide third parties. Also, civil forfeiture law as contained in AMLATFA 2001 represents one of the most serious encroachments on private property rights. Not only that, such a legal rule has made property, and not the owner, guilty until proven innocent.

Originality/value

This paper could be a useful source of information for practitioners, academicians and students. It could also be a beneficial guide for policymakers for any possible future amendments to the law.

Citation

Hamin, Z., Omar, N. and Abdul Hakim, M.M. (2017), "Implications of forfeiting property in money laundering cases in Malaysia", Journal of Money Laundering Control, Vol. 20 No. 4, pp. 334-344. https://doi.org/10.1108/JMLC-10-2015-0046