For the ARA to succeed in a civil court, it has to prove that assets are "more likely than not" the proceeds of crime, while to secure a criminal conviction, the burden of proof is "beyond reasonable doubt".

BBC: NEWS | UK | UK Politics | Agency aims to take crime gains

Scottish Labour MSP Jenny Marra said making trafficking an aggravation was a simple measure which could be brought forward but also called on the government to look at a lesser burden of proof being required for a conviction.

BBC: Human trafficking 1

Conviction of a criminal offense requires proof beyond a reasonable doubt.

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In a criminal forfeiture, the government must first win a conviction against an individual, where the burden of proof is higher.

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And this submission is made even more compelling by the managers own position in which they made clear to you last week that proof of criminal conduct, in their view, was required to justify conviction.

CNN: Transcript: White House Counsel Ruff's opening statement

With Lay's conviction erased, neither the SEC nor any other civil plaintiff will be able to use it as proof of wrongdoing (though it would still be able to use evidence and testimony given in the trial, says Henning).

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