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Legal and practical challenges around restitution, secrecy and asset recovery in transnational fisheries crime: A case study of United States v Bengis, 2013

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Abstract This article explores lack of transparency associated with secrecy-related corporate mechanisms employed in the marine fisheries sector by organised crime networks in an effort to avoid detection and, ultimately,… Click to show full abstract

Abstract This article explores lack of transparency associated with secrecy-related corporate mechanisms employed in the marine fisheries sector by organised crime networks in an effort to avoid detection and, ultimately, successful prosecution. It does so against the backdrop of the infamous USA/ South African Bengis case, which provides a vivid illustration of some of the complexities associated with combating transnational fisheries crime. In particular the paper describes secrecy-related and other obfuscation tactics to avoid of asset recovery in the final restitution phase of the protracted court case.

Keywords: fisheries crime; case; crime; asset recovery; transnational fisheries

Journal Title: Marine Policy
Year Published: 2019

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