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date: 19 February 2019

Abstract and Keywords

The essay provides an analysis of financial strategies of organized crime control, including their development from a traditional, vaguely moral concept (“crime should not pay”) to a targeted, functional concept with a strong focus on organized crime (with its particular phenomenological and criminological patterns). Strongly linked to money laundering control, the different models of forfeiture and confiscation developed to become a prime component of organized crime control. In the meantime, the concept has been continuously broadened and adapted to tackle other areas of crime, such as economic crime, tax crime, and terrorism. The sections address all relevant elements of such financial strategies of organized crime control, focusing in particular on: (section II and III) an explanation of their origins, purposes, and conceptual approaches, (section IV) an overview of international actors and instruments that promote and define the field, and (section V) a comparison of different models and strategies of implementation into national legislation. Furthermore, section VI discusses controversies with respect to human rights restraints as well as concerns resulting from problematic practices of seizure and confiscation, concluding with section VII, an outlook on future developments arising from the ongoing broadening into new areas of application and the development of aggravated instruments.

Keywords: money laundering, financing of terrorism, tax crime, rational choice, money flow, counterterrorism, financial investigations, asset recovery, seizure, taxation, forfeiture, confiscation

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