Conviction-Based Asset Recovery
Conviction-Based Asset Recovery is an “in personam” order, meaning it is an action against the person and requires a criminal trial and conviction. The two relevant orders for Conviction-Based Asset Recovery under the FCCA are:
1. Criminal Attachment Orders and
2. Criminal Confiscation Orders.
Civil-Based Asset Recovery
Civil-Based Asset Recovery, commonly referred to as “civil forfeiture,” is an action “in rem,” meaning it is directed against the asset itself rather than the individual. In Civil-Based Asset Recovery, there is no requirement to prove that the owner of the property has been charged, either provisionally or formally, with any offense. It is sufficient to convince the court on a balance of probabilities that there is a reasonable belief that the property is tainted by unlawful activity. This process is separate from any criminal proceedings. The two relevant orders for Civil-Based Asset Recovery under the FCCA are:
1. Civil Attachment Orders and
2. Civil Confiscation Orders.