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Commission Assesses EU’s Asset Recovery and Confiscation Regime 
14 August 2020
Thomas Wahl Thomas Wahl
On 2 June 2020, the Commission presented its report on asset recovery and confiscation, entitled “Ensuring that crime does not pay.” The proceeds of organised crime in the EU are currently estimated at about €110 billion per year. As reported by Europol, however, … Read more
EU Freezing of Assets / Confiscation
CJEU: Confiscation of Illegal Assets via Civil Proceedings Possible 
4 May 2020
Thomas Wahl Thomas Wahl
EU law does not preclude national legislation, which provides that a court may order the confiscation of illegally obtained assets following proceedings that were not subject either to a finding of a criminal offence or, a fortiori, the conviction of the persons accused of … Read more
EU Freezing of Assets / Confiscation
Who Will Recover Jeffrey Epstein’s Assets? 
16 August 2019
Stefan D. Cassella Stefan D. Cassella
With the death of American financier Jeffrey Epstein on 10 August 2019, who faced federal charges for sex trafficking, the Government’s criminal case against him comes to an end and so does the effort to recover his assets and distribute them to the victims as … Read more
Freezing of Assets / Confiscation
CJEU: Executing MS May Impose Imprisonment for Non-Execution of Foreign Confiscation Order 
19 April 2019
Thomas Wahl Thomas Wahl
Can a Member State apply a term of imprisonment pending payment in order to execute a confiscation order adopted in another EU Member State? This was the main question the CJEU dealt with in the case C-97/18 (“ET”). The Court’s judgment … Read more
EU Freezing of Assets / Confiscation
Spotlight Regulation on Freezing and Confiscation Orders 
18 February 2019 (updated 5 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
The European Parliament and the Council adopted a regulation on the mutual recognition of freezing orders and confiscation orders. The new legal framework (Regulation (EU) 2018/1805) was published in the Official Journal of the EU of 28 November 2018 (O.J. L 303/1). The Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property and Framework Decision 2006/783/JHA as of 19 December 2020. Read more
EU Freezing of Assets / Confiscation
Council and EP Shape Regulation on Freezing and Confiscation Orders 
20 October 2018
Thomas Wahl Thomas Wahl
On 20 June 2018, the Council announced that a political agreement had been reached with the European Parliament on new EU rules for the mutual recognition of freezing and confiscating orders. Read more
EU Freezing of Assets / Confiscation
Draft Regulation on Mutual Recognition of Confiscation and Freezing Orders Passes First Review in the EP 
6 June 2018
Thomas Wahl Thomas Wahl
On 17 January 2018, the European Parliament confirmed that MEPs can start trilogue negotiations with the JHA Council and the Commission as regards the legislative draft on a regulation on mutual recognition of freezing and confiscation orders. The confirmation goes back to Rule 69c … Read more
EU Freezing of Assets / Confiscation