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2023•Edward Elgar Publishing eBooksRequires access

National confiscation laws

Michael Blakeney

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Abstract

This chapter commences with an examination of the confiscation provisions of the US Racketeer Influenced and Corrupt Organizations Act (RICO) and the US legislation which built on it. Also examined is the UK Proceeds of Crime Act (POCA) 2002 with a consideration of cases under that Act concerned with IP crime. Australian confiscation legislation, including the Unexplained Wealth Act and relevant case law is also surveyed. Civil confiscation is contrasted with criminal confiscation and the effectiveness of confiscation laws is assessed. The chapter concludes with the observation that confiscated proceeds of crime can be deployed by the enforcement authorities in the fight against counterfeiting.

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What this paper is about

This chapter commences with an examination of the confiscation provisions of the US Racketeer Influenced and Corrupt Organizations Act (RICO) and the US legislation which built on it. Also examined is the UK Proceeds of Crime Act (POCA) 2002 with a consideration of cases under that Act concerned with IP crime. Australian confiscation legislation, including the Unexplained Wealth Act and relevant case law is also surveyed. Civil confiscation is contrasted with criminal confiscation and the effectiveness of confiscation laws is assessed. The chapter concludes with the observation that confiscated proceeds of crime can be deployed by the enforcement authorities in the fight against counterfeiting.

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Available abstract

This chapter commences with an examination of the confiscation provisions of the US Racketeer Influenced and Corrupt Organizations Act (RICO) and the US legislation which built on it. Also examined is the UK Proceeds of Crime Act (POCA) 2002 with a consideration of cases under that Act concerned with IP crime. Australian confiscation legislation, including the Unexplained Wealth Act and relevant case law is also surveyed. Civil confiscation is contrasted with criminal confiscation and the effectiveness of confiscation laws is assessed. The chapter concludes with the observation that confiscated proceeds of crime can be deployed by the enforcement authorities in the fight against counterfeiting.

Key concepts: Confiscation, Legislation, Law, Enforcement, Business, Law enforcement, Political science

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