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Forfeiture and money laundering laws in the United States
Authors:Susanne Walther
Institution:(1) Max-Planck-Institute of Foreign and International Criminal Law, Freiburg, Germany
Abstract:Today Europe is faced increasingly with the phenomenon of ldquoorganized crimerdquo, creating problems similar to those the United States faced as early as a decade ago. American forfeiture and money laundering laws provide the state with sweeping powers for use in its efforts to combat ldquoorganized crimerdquo. Although study of these instruments might inspire European lawmakers to adopt similar ones, the instruments themselves carry a societal price tag that cannot be ignored. Classical principles limiting the reach of the criminal law (and the powers of its enforcement apparatus) and in a broader sense the liberal concept of the fragmentary nature of the criminal law have largely been abandoned by lawmakers in the area of ldquoorganized crimerdquo. Thus, modern American forfeiture and money laundering laws have lowered the standards of protection against state intrusion into citizens' basic rights despite the lack of sufficient empirical proof that their investigative and punitive powers are efficient in skimming profits and deterring further crime.
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