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Author : Radha Ivory
Publisher : Unknown
Page : 408 pages
File Size : 44,8 Mb
Release : 2014-08-29
Category : Forfeiture
ISBN : 1316073408
A human rights analysis of international efforts to confiscate wealth in grand corruption cases that focuses on protections for property.
Author : Radha Ivory
Publisher : Cambridge University Press
Page : 407 pages
File Size : 44,9 Mb
Release : 2014-08-21
Category : Law
ISBN : 9781107058507
A human rights analysis of international efforts to confiscate wealth in grand corruption cases that focuses on protections for property.
Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 53,5 Mb
Release : 2009
Category : Law
ISBN : 9780821379028
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.
Author : Marco Arnone,Leonardo S. Borlini
Publisher : Edward Elgar Publishing
Page : 659 pages
File Size : 40,8 Mb
Release : 2014-05-30
Category : Social Science
ISBN : 9781781006139
Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments
Author : Cecily Rose,Michael Kubiciel,Oliver Landwehr
Publisher : Oxford University Press
Page : 699 pages
File Size : 52,6 Mb
Release : 2019-01-24
Category : Law
ISBN : 9780192528308
The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.
Author : Mark Pieth
Publisher : Peter Lang
Page : 428 pages
File Size : 41,5 Mb
Release : 2008
Category : Business & Economics
ISBN : 3039115839
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.
Author : Kolawole Olaniyan
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,5 Mb
Release : 2023-11-21
Category : Electronic
ISBN : 9780192867834
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
Author : Daniel Thelesklaf,Pedro Gomes Pereira
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 0 pages
File Size : 46,9 Mb
Release : 2011
Category : Forfeiture
ISBN : 3034310730
Non-state actors are of fundamental importance in the prevention and combating of corruption within asset recovery processes. Their roles and responsibilities were considered during an experts' meeting hosted by the Basel Institute on Governance and the International Anti-Corruption Academy in September 2010. This book contains essays presented at the meeting, written by practitioners and academics with extensive experiences in the numerous fields which comprise asset recovery processes. The contributions offer a diversity of views on roles which non-state actors (can) play in preventing and combating corruption and other forms of financial crimes. The editors conclude by offering insights into ongoing challenges in asset recovery processes and ways to overcome these challenges.
Author : Jean-Pierre Brun,Anastasia Sotiropoulou,Larissa Gray,Clive Scott
Publisher : World Bank Publications
Page : 348 pages
File Size : 46,8 Mb
Release : 2021-02-08
Category : Business & Economics
ISBN : 9781464816178
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 : Katalin Ligeti,Michele Simonato
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 42,9 Mb
Release : 2017-04-06
Category : Law
ISBN : 9781509912056
The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
Author : Mark Pieth,Tina Søreide
Publisher : Edward Elgar Publishing
Page : 459 pages
File Size : 54,8 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781802206494
Presenting the broad spectrum of interdisciplinary academic research on corruption, this essential reference book examines anti-corruption legislation, governance mechanisms, international instruments, and other preventative measures intended to tackle corruption. Including over 100 entries and adopting a comprehensive approach to researching and combating corruption, this Encyclopedia covers the key ideas, concepts, and theories in corruption law.
Author : J. C. Sharman
Publisher : Cornell University Press
Page : 344 pages
File Size : 51,9 Mb
Release : 2017-03-07
Category : Political Science
ISBN : 9781501708435
An unprecedented new international moral and legal rule forbids one state from hosting money stolen by the leaders of another state. The aim is to counter grand corruption or kleptocracy ("rule by thieves"), when leaders of poorer countries—such as Marcos in the Philippines, Mobutu in the Congo, and more recently those overthrown in revolutions in the Arab world and Ukraine—loot billions of dollars at the expense of their own citizens. This money tends to end up hosted in rich countries. These host states now have a duty to block, trace, freeze, and seize these illicit funds and hand them back to the countries from which they were stolen. In The Despot's Guide to Wealth Management, J. C. Sharman asks how this anti-kleptocracy regime came about, how well it is working, and how it could work better. Although there have been some real achievements, the international campaign against grand corruption has run into major obstacles. The vested interests of banks, lawyers, and even law enforcement often favor turning a blind eye to foreign corruption proceeds. Recovering and returning looted assets is a long, complicated, and expensive process. Sharman used a private investigator, participated in and observed anti-corruption policy, and conducted more than a hundred interviews with key players. He also draws on various journalistic exposés, whistle-blower accounts, and government investigations to inform his comparison of the anti-kleptocracy records of the United States, Britain, Switzerland, and Australia. Sharman calls for better policing, preventative measures, and use of gatekeepers like bankers, lawyers, and real estate agents. He also recommends giving nongovernmental organizations and for-profit firms more scope to independently investigate corruption and seize stolen assets.
Author : Gerry Ferguson
Publisher : Unknown
Page : 128 pages
File Size : 45,5 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:981111616
Author : Jacinta Anyango Oduor,Stolen Asset Recovery Initiative
Publisher : World Bank Publications
Page : 182 pages
File Size : 55,5 Mb
Release : 2014
Category : Business & Economics
ISBN : 9781464800863
It is a conservative estimate that every year, through corruption, between 20 billion dollars and 40 billion dollars are diverted from developing countries and find safe haven in foreign jurisdictions. In several countries that are party to the Organization for Economic Co-operation and Development (OECD) anti-bribery convention, a very high proportion of cases of foreign bribery and related offenses have been resolved short of a full trial. Anticorruption practitioners and policy makers in countries where officials were allegedly bribed have (along with other interested stakeholders) therefore raised concerns about whether settlements might impede their own criminal or enforcement investigations and affect the liability of multinational companies in third countries. This study seeks to fill knowledge gap by: (i) informing policy makers and practitioners about the frameworks for settlements in various legal systems, (ii) examining settlements in practice and their implications for international cooperation, and (iii) analyzing how settlements relate to asset recovery in foreign bribery cases. An additional goal is to inform the general public (including civil society organizations) about these frameworks. This study describes and analyzes, both qualitatively and quantitatively, settlements in cases of foreign bribery and related offenses, and their implications for international cooperation and asset recovery. This report is structured as follows: chapter one adopts a broad definition of settlements as various procedures short of trials and analyzes the legal frameworks in a number of civil and common law countries. Chapter two traces the general trends and developments in settlements and considers the rationale for settlements. Chapter three analyzes the impact of settlements in one jurisdiction on pending and future investigations in other countries. Chapter four explores the link between asset recovery and settlements through the lens of United Nations Convention against Corruption (UNCAC). Chapter five offers conclusions. Chapter six presents detailed summaries of 14 significant cases.
Author : Adam Graycar,Russell G. Smith
Publisher : Edward Elgar Publishing
Page : 521 pages
File Size : 45,8 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9781849805032
'Graycar and Smith's excellent edited volume studies corruption as a pervasive, global phenomenon. The chapters move from general overviews to in-depth studies of corruption-prone sectors such as forestry, financial markets, public procurement, and trade in diamonds and art. The volume is an important, contribution to the international study of corruption that mixes scholarly analysis with practical recommendations for the control and prevention of corruption – both international initiatives and country – or sector-specific policies.' – Susan Rose-Ackerman, Yale Law School, US 'Corruption is on top of the agendas of practitioners and scholars in public administration all over the world. This volume addresses questions no one can neglect and comes up with answers we should not miss.' – Leo Huberts, VU University Amsterdam, The Netherlands 'This Handbook will serve as an invaluable resource for scholars, students and public officials interested in understanding corruption and its control.' – James B. Jacobs, NYU School of Law, US Corruption is a global phenomenon with costs estimated to be in the trillions of dollars. This source of original research and policy analysis deals with the most important concepts and empirical evidence in foreign corrupt practices globally. Handbook of Global Research and Practice in Corruption includes research from all continents and provides a critical analysis of the key issues of corruption and its control. Through rigorous analysis and theoretical foundations, this book provides a multi-disciplinary and international account of corruption from the perspectives of public policy, criminal law and criminology, as well as considering principles of prevention and control in both the public and private sectors. With original and empirical analyses, this unique book will appeal to academics, researchers and students in international business and international law, staff of crime and corruption commissions and police integrity agencies, as well as international organisations such as the World Bank, IMF, Transparency International and the World Economic Forum.