"Cost Savings" As Proceeds of Crime: A Comparative Study of the United States and the United Kingdom

• Published in: The International lawyer Vol. 45; no. 3; pp. 749 - 816
• Main Author: Alexander, Richard C.
• Format: Journal Article
• Language: English
• Published: Chicago American Bar Association's Section of International Law and Practice 22-09-2011; American Bar Association
• Subjects: Asset forfeiture; Cost control; Cost savings; Crime; Criminal offenses; Criminal prosecution; Criminal sentences; Criminals; Defendants; Forfeiture; Forfeitures; Jurisdiction; Laws, regulations and rules; Money laundering; Occupational safety; Property confiscation; Property crimes; Provisions; Tax evasion; United States > US
• ISSN: 0020-7810; 2169-6578

The article begins by comparing and contrasting the provisions relating both to asset forfeiture and money laundering under U.S. federal law and the law of the United Kingdom (in this area, the differences between the provisions of the three jurisdictions making up the United Kingdom are not significant). Some reference is also made to Florida state law, but principally by way of example rather than analysis. It then analyzes the U.S. case law relating to costs saved through the commission of a criminal offense and considers the possible effect of the amendment, made in 2009, to 18 U.S.C. § 1956, before turning to the English case law for comparison. Finally, recommendations are made as to possible further reform to the U.S. provisions.