Sentences with phrase «of civil asset»

Under the legal doctrine of civil asset forfeiture, your money can be accused of a crime, seized, and tried separately from its owner.

Not exact matches

«Climate change both threatens [Department of Defense] assets globally and appears to enhance the risk of civil conflict in conflict - prone countries,» Dr. Robert Kopp, a professor in the department of Earth and planetary sciences at Rutgers University and associate director of the Rutgers Energy Institute, told Business Insider.

Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.

Transactions related to 1MDB are under investigation in six countries including the United States, where the Department of Justice has launched civil cases to recover assets linked to the fund.

A civil war, two world wars and other conflicts, political upheavals, corporate scandals, energy crises, and a plethora of asset bubbles; despite all of this and more, American industry has prospered and the US equity market has delivered attractive long - term returns.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

This requires restructuring the state in a much more decentralised direction; individual empowerment in public services; a wider distribution of assets; and a stronger policy of protecting - indeed, expanding - civil liberties and lifestyle freedom.

The Federal Government on Thursday arraigned a federal civil servant, Mr. Ibrahim Tumsah and his brother, Mr. Tijani Tumsah, before the Federal High Court in Abuja with failure to declare their assets to the Chief Okoi Obono - Obla - led Special Presidential Investigation Panel on the Recovery of Public Property.

Cyrus R. Vance Jr., the Manhattan district attorney, announced a program on Wednesday under which $ 35 million in civil forfeiture assets will be used to help other cities and states tackle their own (rape - kit) backlogs, which, nationally, total in the hundreds of thousands.

If Mr. Adams knowingly hid income from the COIB, however, he could face fines or worse: according to a city statute, «failure to file, failure to include assets or liabilities, and misstatement of assets» is a misdemeanor that can lead to a fine of up to $ 1,000, a prison sentence of up to a year, or a civil penalty.

Ministers, service chiefs, government officials and civil servants have been called upon to declare their assets, in compliance with paragraph 11 of part 1 of the...

Today a signification portion of Ghana's debts is still sitting on the soil of this great nation as plush houses, luxury vehicles, fat bank balances and assorted fixed assets for a few privileged past and present civil servants, government appointees and crooked businessmen known as «BIG MEN».

My great grandfather, Kivie Kaplan who was President of the NAACP during the civil rights movement, used to say that the greatest asset one has is their education because it can never be taken away.

As an intern, you will have the opportunity to work on a wide variety of matters such as: appropriations, fiscal law and financial management; acquisitions, financial assistance and public private partnerships; innovative financing; real property and asset management; information technology investment and capital planning; employee ethical conduct, conflicts of interest and political activities; equal employment opportunity and other civil rights matters; Federal personnel and employment; and alternative dispute resolution.

They amended the Civil Enforcements Act of Alberta to make all RESPs exempt assets meaning if you file a bankruptcy in Edmonton or anywhere else in Alberta, this is not an asset that you are going to lose.

the gift isn't «trading stock» - trading goods bought for resale However, if your husband, wife or civil partner later sells or disposes of the asset, they'll have to pay the tax on any gain.

In addition to a civil penalty of $ 2.5 million, Asset Acceptance has agreed to inform consumers when their debts are too old to be legally enforceable and to let consumers know that a partial payment would essentially restart the statute of limitations on that account.

«In retrospect of the training, I think the transparency and dialogue with the other civil affairs veterinarians and the civil affairs team sergeant within the 351st Civil Affairs Command benefit the future of civil affairs veterinary missions by sharing the diversity of experience that exists in civil affairs as a functional specialty team asset,» Richards civil affairs veterinarians and the civil affairs team sergeant within the 351st Civil Affairs Command benefit the future of civil affairs veterinary missions by sharing the diversity of experience that exists in civil affairs as a functional specialty team asset,» Richards civil affairs team sergeant within the 351st Civil Affairs Command benefit the future of civil affairs veterinary missions by sharing the diversity of experience that exists in civil affairs as a functional specialty team asset,» Richards Civil Affairs Command benefit the future of civil affairs veterinary missions by sharing the diversity of experience that exists in civil affairs as a functional specialty team asset,» Richards civil affairs veterinary missions by sharing the diversity of experience that exists in civil affairs as a functional specialty team asset,» Richards civil affairs as a functional specialty team asset,» Richards said.

In April 2008, the Serious Crime Act 2007 transferred the civil recovery powers formerly vested in the Assets Recovery Agency to a number of agencies including the SFO.

He is regularly instructed on disputes concerning civil fraud and asset tracing, banking and other financial litigation, and company law disputes of one sort of another (including shareholder disputes or claims against directors).

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

This resulted in a complete victory for the client, thereby securing the return of their cash and handing the prosecutor representing the government in the matter his first loss in a civil asset forfeiture case in decades.

You may be unsure of how to handle this civil asset forfeiture, especially if you did not do anything wrong.

He has considerable experience of civil fraud and asset tracing, having acted in a number of major disputes in this area in the last 5 - 6 years, including experience of interim applications such as freezing orders, pre - and post-judgment receivers, Norwich Pharmacal and other disclosure orders in the asset - tracing context, and committal applications.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

A new report by the Canadian Constitution Foundation and Institute for Liberal Studies says the civil forfeiture laws are cash grabs for provincial governments, which have collected millions of dollars in assets as proceeds of crime.

The Ontario Rules of Civil Procedure provide for applications for probate to be made «limited to assets referred to in the Will».

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

Our expertise in the pursuit and defence of civil fraud claims, particularly in the commercial context, extends from the early advisory stages and the obtaining (or resisting) of urgent freezing and search order relief (including dealing with the cross-jurisdictional issues that may arise and enforcement through applications for contempt and other measures), through to trial and the tracing and recovery of assets both in the UK and internationally.

The Civil Asset Forfeiture Reform Act of 2000 was a response to horror stories of unjustified government seizures of innocent persons» cash and property.

The number of cases in which abatement will occur is fairly small, I suspect, and it's not as if the government does not have access to civil forfeiture to recover Lay's assets.

As identified by Commissioner Blair QC in the Royal Court decision of In the Matter of L [2015] JRC119, there is «a lacuna in Jersey's law of ancillary relief» because the Royal Court has no statutory power to set aside a disposal by a non-compliant spouse or civil partner determined to put assets beyond the reach of his or her estranged partner.

However, the duty of matrimonial disclosure necessarily extends above and beyond disclosure in a commercial or civil claim, because all assets held by either party to a family dispute may form part of the marital acquest.

We use state of the art, innovative legal tools such as Mareva Injunctions to freeze assets and Anton Piller Orders (civil search warrants) to ensure the necessary evidence is preserved.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cacivil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity caCivil immunity cases).

A pre-nuptial agreement can be used, for example, to define the worth of marital assets based on a particular date, such as the date of a Virginia marriage ceremony or the date of a civil union in another state.

Specifically in the context of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery) 66 should prevent civil recovery proceedings from being pursued in parallel with criminal proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such proceedings being pursued in tandem with criminal proceedings provided the conduct that is the subject of the respective proceedings can be appropriately distinguished.67

They have been used to assist in preserving evidence (Anton Piller order, a.k.a. civil search warrant) and to prevent disposition of assets which may later be required to satisfy a judgment (Mareva injunction, a.k.a. freezing order).

Last but not least, juridical culture must be changed, including formal basic / changes in part of criminal procedure and civil procedure legislative, to allow prosecutors and judges to engage private professionals, lawyers and attorneys to represent them in asset recovery cases, international legal assistance matters and international enforcement of court verdict and decisions.

The City of London Police's economic crime directorate believes that civil litigation will speed up the recovery of stolen assets.

With the annual cost of fraud in the UK reportedly as high as # 193bn a year, the two - year pilot scheme will see the City of London Police work with the firm to identify, seize and recover assets from criminals, with civil asset recovery litigation running alongside parallel criminal investigations.

The prevailing question is: should the asset recovery be conducted through civil or criminal procedure, since in a number of jurisdictions, both civil and criminal procedure can not be lead at the same time.

Acting for various clients in circumstances requiring the investigation and identification of fraud and the recovery of assets and compensation through the civil courts.

Represents UCI, a nonprofit corporation, in civil litigation in the District of Columbia commenced by various entities and individuals seeking control of the corporation and its assets.

In contrast to a civil law marriage contract (common in civil law countries such as continental Europe, South Africa etc), a pre-nuptial agreement does not elect a «matrimonial property regime» i.e. a set of rules which govern how assets are owned and dealt with during the marriage.

Stephen Smith is renowned for his work in civil fraud litigation (typically claims for breach of fiduciary duty, deceit and misrepresentation), especially in connection with freezing injunctions, asset tracing, disclosure orders, jurisdictional and forum disputes, sham trusts and committals to prison for contempt of court.

Currently, the maximum fee payable to obtain probate is # 215, but under the new proposals, couples could be looking at total fees of # 40,000 with bereaved spouses / civil partners having to find # 20,000 before they can access their deceased spouse's / civil partner's assets: a huge increase which has been met with opposition and disbelief in the industry.

Pension assets can be very valuable and need to be considered carefully in the event of a divorce or dissolution of a civil partnership.

For example, Brian successfully argued one of the leading cases on civil fraud and the right of defendants to access frozen assets to pay daily living expenses and professional fees.

Michael Ashe began his practice at the English Bar in 1978, having previously been a civil servant in the Inland Revenue and then a merchant banker in the City of London dealing with mergers and acquisitions and international corporate finance and asset management.