ABSTRACT
Increasing apprehensions surrounding organized crime, terrorism and corruption have given rise to a realization that conventional policing methods are insufficient on their own to deter, or at least disrupt, those engaged in criminal activities. It is thought that a more proactive approach is needed, since a ‘criminal law’ approach will not, alone, suffice.1 One consequence has been a focus on the financial assets of those engaged in criminal activities. In the United Kingdom, the Proceeds of Crime Act 2002 (‘POCA’) enacted a sweeping array of powers that allow the authorities to target such illicit assets. This legislation provides a number of avenues through which criminals can be targeted by a focus on the money trail, namely: anti-money laundering provisions,2 post-conviction confiscation,3 civil recovery in the absence of a criminal conviction,4 and taxation of assets.5 The 2002 Act also established the short-lived Assets Recovery Agency, though most of its functions have since been transferred to the Serious Organised Crime Agency (‘SOCA’).6 SOCA has since been supplanted by the National Crime Agency.7
