Non-Conviction-Based Forfeiture and Unexplained Wealth Orders: Litigation Strategy

Course overview

Non-conviction-based forfeiture allows the state to recover criminal property when a prosecution is impossible or has failed, and unexplained wealth provisions shift part of the burden to the respondent. These are powerful tools, but they are heavily litigated, and poorly prepared cases set damaging precedents. This non-conviction based forfeiture course focuses on litigation strategy and courtroom practice for these proceedings.

Participants examine the legal foundations of civil forfeiture and unexplained wealth in the region, the burden and standard of proof, and constitutional challenges commonly raised by respondents. They then work through the litigation cycle: case assessment, choice of procedure, pleadings and supporting affidavits, interlocutory applications, disclosure, handling respondent explanations, expert evidence and closing submissions. Comparative case law from Kenya, South Africa, the United Kingdom and elsewhere is used to illustrate winning and losing approaches. The week culminates in a full mock hearing before an experienced judicial panel.

Participants leave able to plan and litigate civil forfeiture and unexplained wealth cases with greater confidence and success.

What you will be able to do

• Explain the legal basis and limits of non-conviction-based forfeiture
• Apply the burden and standard of proof in civil forfeiture and unexplained wealth cases
• Assess cases for suitability and choose the right procedure
• Draft pleadings and affidavits that withstand challenge
• Respond to constitutional and procedural challenges
• Test respondent explanations through evidence and cross-examination
• Present persuasive submissions in forfeiture hearings

Who should attend

For lawyers who litigate or advise on civil forfeiture and unexplained wealth cases, and for investigators who prepare evidence for them.

• State counsel and prosecutors
• Legal officers in asset recovery agencies
• Anti-corruption agency lawyers
• Senior investigators
• Judicial officers and research assistants
• Attorney general staff

Course outline

Fees are per participant in US dollars and cover tuition, course materials and your certificate. Travel and accommodation are not included.