Conference Papers

Confiscating the proceeds of white-collar crime

Arie Freiberg

Published in:
Complex commercial fraud : proceedings of a conference held 20-23 August 1991
Peter N Grabosky (ed)
ISBN 0 642 16992 6 ; ISSN 1034-5086
(AIC Conference Proceedings; no. 10)

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Abstract

In Australia, the Commonwealth and most States have enacted legislation which permits the confiscation of the proceeds of crime. This paper discusses the nature of the confiscation legislation, explores its application to white collar offences and examines some of the problems which may occur through its use in the commercial context. Freiberg notes that consideration should be given to rationalising the disparate range of sanctions and remedies which can be used, and an attempt should be made to harmonise the various and often competing claims which will be made on the proceeds of white collar crime.