Glossary administrative confiscation. A nonjudicial mechanism for confiscating the proceeds of crime or assets used or involved in the commission of an offense. assets. Entire property of a person, corporation, or estate. Can take the form of corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets.1 See property. bona fide purchaser. See innocent owner. coercive investigation techniques. Generally, measures that law enforcement authorities can take without the consent of a defendant or a concerned third party by virtue of statutory, judicial, or other authorizations. Examples are searches, electronic surveillance, examination of financial records, access to documents held by third parties, or a production order. A mutual legal assistance request is typically required to obtain evidence through coercive techniques. civil action. See private law action. claimant. The party asserting an interest in an asset or a dispute. The claimant could be a third party, innocent owner, defendant, target, or offender. commingled assets. The proceeds or instrumentalities of an offense that have been mixed with other assets that may not be the proceeds of a crime. confiscation. The permanent deprivation of assets by the order of a court or other competent authority.2 The persons or entities that hold an interest in the specified funds or other assets at the time of the confiscation lose all rights, in principle, to the confiscated funds or other assets.3 See forfeiture. conviction-based confiscation. All forms of confiscation that require the defendant to be convicted of an offense before confiscation proceedings can be initiated and confiscation can take place. criminal confiscation. See conviction-based confiscation.
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