Legal Problems Regarding the Protection of Assets Seized or Restrained from a Good-Faith Purchaser in Connection with Money Laundering Offenses
Article Sidebar
Main Article Content
Abstract
This research aims to 1) analyze legal problems related to the protection of assets seized or attached in money laundering offenses, 2) study and compare laws related to the protection of assets seized or attached in money laundering offenses in Thailand and other countries, and 3) propose amendments to laws related to the protection of assets seized or attached in money laundering offenses. This is qualitative research by collecting data from books, articles, theses, research reports, and related documents. The research found that laws related to the protection of assets seized or attached from victims suspected of money laundering offenses in Thailand are unclear in their protection of victims. Compared to foreign laws, the provisions are clearly defined, effectively protecting victims' rights against the seizure or attachment of assets related to money laundering offenses. However, the provisions of the law in Thailand do not clearly provide for the protection of victims. It is recommended that the problem be resolved by amending the Anti-Money Laundering Act B.E. 2542 (1999) to define the term “victim,” add the meaning and criteria for being a victim in the provisions, and establish a committee on asset seizure or seizure cancellation transactions to consider whether the seizure or seizure cancellation is lawful or not. Prevent bias in the investigation of such orders.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Views and opinions appearing in the Journal it is the responsibility of the author of the article, and does not constitute the view and responsibility of the editorial team.
References
Boonyophas, W. (2014). Economic crime (7th ed.). Nititham.
Cassell, P. G., & Morris, M. R. Jr. (2024). Defining “Victim” through harm: Crime victim status in the Crime Victims' Rights Act and other victims’ rights enactments. American Criminal Law Review, 61, 329. https://dc.law.utah.edu/scholarship/392/
Cassella, S. D. (2012). Asset forfeiture law in the United States (2nd ed.). Juris.
Davis, J. (2025). Putting Victims First: Reforming Federal Asset Forfeiture to Fulfill Its Original Intent. SSRN. https://ssrn.com/abstract=5650311 or http://dx.doi.org/10.2139/ssrn.5650311
Halliday, T. C., Reuter, P. H., & Levi, M. (2014). Global surveillance of dirty money: Assessing assessments of regimes to control money laundering and combat the financing of terrorism. SSRN. https://ssrn.com/abstract=4928216 or http://dx.doi.org/10.2139/ssrn.4928216
Levi, M. (2010). Combating the financing of terrorism: A history and assessment of the control of ‘Threat Finance.' British Journal of Criminology, 50(4), 650-669. https://doi.org/10.1093/bjc/azq025
Levi, M., & Reuter, P. (2006). Money laundering. Crime and Justice, 34, 289-375. https://doi.org/10.1086/501508
Nurul Huda, M., Ila Mardhatillah, S., Ayunisa, Q., Munjiyah, A., & Eko Nugroho, A. (2025). Non-conviction-based asset forfeiture: Presumption of innocence and principle of legality perspective. Walisongo Law Review (Walrev), 7(1), 98-112. https://doi.org/10.21580/walrev.2025.7.1.28205
Neetitham, W., Phanwichit, S., & Muangtham, W. (2022). Legal development and asset proceedings under the anti-money laundering law. Asian Crime and Society Review, 9(1), 41–52. https://so02.tci-thaijo.org/index.php/IJCLSI/article/view/254834
Ryder, N. J. (2014). The financial crisis and white-collar crime: The perfect storm?. Edward Elgar.
Thailand Development Research Institute (TDRI). (2021, December 16). Money laundering trends in Thailand: A case study focusing on money laundering through legal entities and front businesses, including lawyers and accountants, travel agencies, foreign trusts operating in Thailand, fraudulent pyramid schemes, and money laundering through non-profit organizations. https://tdri.or.th/2021/12/research-study-on-trends-of-money-laundering-2/
Unger, B., & van der Linde, D. (2013). Research handbook on money laundering. Edward Elgar.
Young, S. (2009). Civil forfeiture of criminal property: Legal measures for targeting the proceeds of crime. The University of Hong Kong.
