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The Legal Framework of Asset Forfeiture for Money Laundering in the United Kingdom and Malaysia

Author

Listed:
  • Zaiton Hamin

    (Faculty of Law, Universiti Teknologi MARA (UiTM) Shah Alam, Malaysia)

  • Muhammad Muaz Abdul Hakim

    (Faculty of Law, Universiti Teknologi MARA (UiTM) Shah Alam, Malaysia)

  • Saslina Kamaruddin

    (Faculty of Management & Economics, Sultan Idris Education University, Malaysia)

  • Wan Rosalili Wan Rosli

    (Faculty of Management, Law & Social Sciences, University of Bradford, United Kingdom)

Abstract

Money laundering has been drawn toward the proceeds of crime for a long time. In this sense, proceeds of crime can be described as money or property earned from profit-oriented crime. Therefore, the necessity for asset recovery, especially to forfeit such proceeds, is considered one of the legal tools to deprive money launderers of illegal profits, and the AML regimes give the power for criminal justice actors to do so. Asset forfeiture is when a law enforcement agency seizes cash, property, or possessions based on the suspicion that these assets were acquired by or will be used for criminal activity. Nonetheless, the authors perceive that such forfeiture measures have their implications. This paper examines the broad concept of money laundering and forfeiture, its legal positions in the UK and Malaysia, and the legal implications that arise. This paper uses a doctrinal legal analysis and secondary data, which analyses primary sources, the POCA 2002 and the AMLATFPUAA 2001, as well as secondary sources, including case law, articles in academic journals, books, and online databases. Furthermore, this paper could be a valuable source of information for practitioners, academicians, and students. It could also be a beneficial guide for policymakers for future amendments to the law.

Suggested Citation

  • Zaiton Hamin & Muhammad Muaz Abdul Hakim & Saslina Kamaruddin & Wan Rosalili Wan Rosli, 2025. "The Legal Framework of Asset Forfeiture for Money Laundering in the United Kingdom and Malaysia," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(2), pages 4404-4414, February.
    • Handle: RePEc:bcp:journl:v:9:y:2025:issue-2:p:4404-4414
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    References listed on IDEAS

    as
    1. Anusha Aurasu & Aspalella A. Rahman, 2016. "Money laundering and civil forfeiture regime: Malaysian experience," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 19(4), pages 337-345, October.
    2. repec:eme:maj000:maj-03-2018-1830 is not listed on IDEAS
    3. Sharifah Nazatul Faiza Syed Mustapha Nazri & Salwa Zolkaflil & Normah Omar, 2019. "Mitigating financial leakages through effective money laundering investigation," Managerial Auditing Journal, Emerald Group Publishing Limited, vol. 34(2), pages 189-207, January.
    4. Zaiton Hamin & Normah Omar & Muhammad Muaz Abdul Hakim, 2017. "Implications of forfeiting property in money laundering cases in Malaysia," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 20(4), pages 334-344, October.
    5. Aspalella A. Rahman, 2016. "Anti-money laundering law: a new legal regime to combat financial crime in Malaysia?," Journal of Financial Crime, Emerald Group Publishing Limited, vol. 23(3), pages 533-541, July.
    Full references (including those not matched with items on IDEAS)

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