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This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Few and Far The Hard Facts on Stolen Asset Recovery by OECD,The World Bank Pdf
Drawing on data collected between 2006 and 2012, the report provides recommendations and good practices regarding stolen asset recovery, and suggests specific actions for development agencies.
Asset Recovery Handbook by Jean-Pierre Brun,Anastasia Sotiropoulou,Larissa Gray,Clive Scott Pdf
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
Author : Richard G. Smith Publisher : Bloomsbury Professional Page : 568 pages File Size : 53,8 Mb Release : 2003-01-01 Category : Law ISBN : 1845923863
"This work covers all aspects of asset recovery; from the role of the new Criminal Assets Recovery Agency and other law enforcement agencies, to taxation issues and compensation claims. It covers the new legislation on the proceeds of crime and offers comprehensive coverage of the subject. Legal professionals specialising in criminal and civil fraud, commercial litigators and compliance professionals will find this work invaluable."
Great Britain: Parliament: House of Commons: Committee of Public Accounts
Author : Great Britain: Parliament: House of Commons: Committee of Public Accounts Publisher : The Stationery Office Page : 60 pages File Size : 41,5 Mb Release : 2007-10-12 Category : Law ISBN : 0215036336
Assets Recovery Agency by Great Britain: Parliament: House of Commons: Committee of Public Accounts Pdf
The Assets Recovery Agency (the Agency) was set up in 2003 to recover assets from criminals using new and unique powers of civil recovery as well as criminal confiscation and taxation. It was also tasked with the training, accreditation and monitoring of financial investigators. The Agency is to be disbanded in 2008. It was set up with insufficient preparatory work. There was no business case setting out the expectations for the Agency, resulting in unachievable delivery aims. It is reliant on cases being referred to it by other authorities, but only 707 cases have been referred from 129 out of 696 potential referral partners. The Agency did not develop effective work processes: it failed to keep a comprehensive database of cases referred to it; it did not invest in a time-recording system to manage and monitor staff time and the cost of cases; and it failed to put in place processes to enable management to monitor the progression of cases effectively. Receivers' fees accounted for almost a quarter of the budget but fixed price contracts were not introduced until April 2006. The Agency's office is in central London, heavily reliant on temporary staff, and with high levels of staff turnover. The Agency had recovered assets amounting to only £23 million by December 2006 against expenditure of £65 million, and it has not met its target of becoming self-financing by 2005-06. Asset recovery has been slow because in most cases the full value of the assets was pursued through the courts rather than seeking settlement for a proportion of the assets. The Agency has not been adequately monitoring the accreditation of trained financial investigators. Of the 4,500 financial investigators trained at almost £700 per place, only 1,400 of those were active in the role by summer 2006.
Dirty Assets by Dr Colin King,Professor Clive Walker Pdf
Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ‘follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ‘follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.
Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.
Written by two specialist commercial fraud lawyers from Irwin Mitchell, this work covers all aspects of asset recovery; from the role of the Criminal Assets Recovery Agency and other law enforcement agencies, to taxation issues and compensation claims. It also covers the legislation on the proceeds of crime and offers comprehensive coverage of the subject including the Financial Services Markets Act 2000. Legal professionals specializing in criminal and civil fraud, commercial litigators and compliance professionals should find this work valuable.
Emile van der Does de Willebois,J.C. Sharman,Robert Harrison,Ji Won Park,Emily Halter
Author : Emile van der Does de Willebois,J.C. Sharman,Robert Harrison,Ji Won Park,Emily Halter Publisher : World Bank Publications Page : 230 pages File Size : 45,5 Mb Release : 2011-11-01 Category : Law ISBN : 9780821388969
The Puppet Masters by Emile van der Does de Willebois,J.C. Sharman,Robert Harrison,Ji Won Park,Emily Halter Pdf
This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Author : Stefan D. Cassella Publisher : Juris Publishing, Inc. Page : 932 pages File Size : 48,7 Mb Release : 2013-01-01 Category : Law ISBN : 9781578233656
Asset Forfeiture Law in the United States - Second Edition by Stefan D. Cassella Pdf
Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.
