Freezing Financial Assets in The United States and in Mexico: Contrasts in Constitutionality and Legal Parallels

Delia Sánchez Castillo

Abstract

The purpose of this article is to understand how asset freezing works in the United States of America and in Mexico, as well as the contrasts and similarities in both systems. The threats posed to civil rights that can arise from asset freezing led us to compare the judicial criteria held by the US Courts and the corresponding reasoning in the Mexican legal system. Alternative rulings from European courts are also considered. Finally, some recommendations are made to improve due process in the Mexican legal system after preventing money laundering and funding terrorism when freezing financial assets.

Keywords

Asset freezing; seizure; Anti-Money Laundering; Combating the Financing of Terrorism

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