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      Question

      Consider the following statements regarding confiscation

      of property acquired through corruption: Statement 1: Property acquired through corrupt means is liable for confiscation under PCA. Statement 2: Confiscation requires a conviction under PCA before property can be seized. Statement 3: Bona fide purchaser for value of property acquired through corruption cannot be divested. Statement 4: Proceeds of crime can be confiscated even if not directly obtained by the public servant. Which statements are correct?
      A Statements 1 and 3 only Correct Answer Incorrect Answer
      B Statements 1, 2, and 3 only Correct Answer Incorrect Answer
      C Statements 1 and 4 only Correct Answer Incorrect Answer
      D Statements 2 and 3 only Correct Answer Incorrect Answer
      E All statements are correct Correct Answer Incorrect Answer

      Solution

      Corrupt property is confiscable—Statement 1 is correct. Confiscation can occur with or without conviction—Statement 2 is incorrect. Bona fide purchasers may have defenses—Statement 3 is partially correct but generally incorrect under PCA. Proceeds and derivative property are confiscable—Statement 4 is correct. Statements 1 and 4 are correct.

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