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Author : Bill Browder
Publisher : Simon and Schuster
Page : 336 pages
File Size : 44,5 Mb
Release : 2022-04-12
Category : Biography & Autobiography
ISBN : 9781982153281
At once a financial caper, an international adventure, and a passionate plea for justice, Freezing Order is a stirring morality tale about how one man can take on one of the most dangerous and ruthless villains in the world.
Author : Daley Birkett
Publisher : Unknown
Page : 246 pages
File Size : 52,8 Mb
Release : 2021-01-28
Category : Attachment and garnishment
ISBN : 9462361851
The International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals? assets, the former in pursuit of its objective to bring an end to impunity for grave crimes and the latter in furtherance of its responsibility for the maintenance of international peace and security. Regardless of duration, freezing individuals? assets infringes on their rights. But the longer assets are frozen, the more likely and/or more severe these infringements become. Asset freezing measures executed at the behest of the two bodies are rarely short in duration, with ICC-requested measures capable of enduring from the issuance of a warrant of arrest until the accused person is acquitted or convicted and UNSC-ordered freezes continuing until the body no longer needs to act to maintain or restore international peace and security. The focus of this book rests on the two bodies? exercise of their asset freezing powers, with a particular emphasis on the legal protections available to those individuals at the receiving end of the measures at the disposal of the ICC and the UNSC, respectively.0.
Author : Mahvash Alerassool
Publisher : Springer
Page : 251 pages
File Size : 47,8 Mb
Release : 1992-12-18
Category : Law
ISBN : 9781349225323
In November 1979 the US government froze over $14 billion of Iranian assets in response to the Iranian revolution and the seizure of US hostages. Since then, freezing sovereign assets has become an increasingly frequent and highly effective economic sanction. It has been used against Nicaragua, Libya, Panama, Kuwait and Iraq. This book is a comprehensive study of asset-freezing as an economic sanction and a political weapon. It analyses the international financial, legal and political implications of asset-freezing. It concentrates on the freeze against Iran to discover the initial motivations and mechanisms of asset-freezing. The book examines its political, economic and legal basis: beginning with the US International Emergency Economic Powers Act of 1977; through the legal implications of the extraterritorial application of the freeze order and the litigation in European courts; and ending with an examination of the political agreement that resolved the Iranian crisis in 1981. It shows how this agreement superseded litigation in the US courts which would have produced judgments far more favourable to Iran. Finally, there is a comparative analysis of freezes after the Iranian case and suggestions for the ways in which countries vulnerable to asset-freezing can protect themselves against this unilateral instrument of hegemony by a major financial power.
Author : Mahvash Alerassool
Publisher : Unknown
Page : 264 pages
File Size : 51,7 Mb
Release : 1993
Category : Business & Economics
ISBN : UOM:39015029293431
In November 1979 the US government froze over $14 billion of Iranian assets in response to the Iranian revolution and the seizure of US hostages. Since then, freezing sovereign assets has become an increasingly frequent and highly effective economic sanction. It has been used against Nicaragua, Libya, Panama, Kuwait and Iraq. This book is a comprehensive study of asset-freezing as an economic sanction and a political weapon. It analyses the international financial, legal and political implications of asset-freezing. It concentrates on the freeze against Iran to discover the initial motivations and mechanisms of asset-freezing. The book examines its political, economic and legal basis: beginning with the US International Emergency Economic Powers Act of 1977; through the legal implications of the extraterritorial application of the freeze order and the litigation in European courts; and ending with an examination of the political agreement that resolved the Iranian crisis in 1981. It shows how this agreement superseded litigation in the US courts which would have produced judgments far more favourable to Iran. Finally, there is a comparative analysis of freezes after the Iranian case and suggestions for the ways in which countries vulnerable to asset-freezing can protect themselves against this unilateral instrument of hegemony by a major financial power.
Author : Jacob C. Jørgensen
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 46,9 Mb
Release : 2016-03-21
Category : Law
ISBN : 9789041167422
Because of the rise in cross-border disputes – and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers – parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants’ assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: • investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; • locating offshore trusts; • discovering assets transferred to a family member or corporate entity; • exposing sham investments designed to generate a (fictitious) loss of assets; and • invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'
Author : Great Britain: H.M. Treasury
Publisher : The Stationery Office
Page : 64 pages
File Size : 53,6 Mb
Release : 2010-02-05
Category : Business & Economics
ISBN : 0101780621
This paper contains the draft Terrorist Asset-Freezing Bill, explanatory notes and an impact statement. The purpose of the Bill is to give effect to resolution 1373 (2001) adopted by the Security Council of the United Nations on 28 September 2001 relating to terrorism and resolution 1452 (2002) adopted on 20 December 2002 relating to humanitarian exemptions. Resolution 1373 includes a requirement that member states must (a) prevent the financing of terrorist acts, including the freezing of funds and economic resources of persons who commit or attempt to commit, terrorist acts or participate in or facilitate such acts, and (b) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to such persons. Resolution 1452 introduces exemptions to permit payments necessary to meet basic humanitarian needs (such as payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, public utility charges and legal fees and expenses).
Author : David Anderson,Independent Reviewer of Terrorism Legislation
Publisher : The Stationery Office
Page : 104 pages
File Size : 54,9 Mb
Release : 2011-12-15
Category : Law
ISBN : 010851126X
The Act under review gives the Treasury power to freeze the assets of individuals and groups thought to be involved in terrorism, whether in the UK or abroad, and to deprive them of access to financial resources. It implements UN Security Council Resolution 1373 and is one of a number of measures at the Government's disposal for preventing the financing of terrorism. At the end of the review period in September 2011: 30 individuals and 8 groups were designated by the Treasury under the Act. This is much reduced from the figure in previous years, owing largely to the removal of duplicate designations. Each of the designated groups had been listed since 2001, as had some of the designated individuals. No individual or group was designated during the review period. No individual or group associated with Northern Ireland was designated, despite continuing terrorist activity there. The prohibitions in the Act applied also to 22 individuals and 25 groups listed by the EU under Regulation 2580/2001. The total quantity of assets frozen, taking the Treasury and EU lists together, was some £100,000. Many of those designated had few if any assets in the United Kingdom. These and other facts make TAFA 2010 is an ancillary rather than a central part of the fight against terrorism. A number of conclusions and recommendations are set out in sections 10 and 11
Author : Colin King,Clive Walker
Publisher : Routledge
Page : 372 pages
File Size : 40,9 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317150466
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.
Author : Andrea Bianchi,Yasmin Naqvi
Publisher : Hart Publishing
Page : 573 pages
File Size : 50,6 Mb
Release : 2004-07
Category : Law
ISBN : 9781841134307
Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
Author : Anonim
Publisher : World Bank Publications
Page : 201 pages
File Size : 51,9 Mb
Release : 2011-06-20
Category : Business & Economics
ISBN : 9780821386606
It is estimated that the proceeds of crime, corruption and tax evasion represent between $1 trillion and $1.6 trillion per year, with half coming from developing countries. Proceeds are typically transferred abroad and hidden in foreign jurisdictions, thus requiring international cooperation. Various international conventions and agreements require international cooperation on this issue, in particular the United Nations Convention against Corruption; however, only $5 billion in stolen assets have been repatriated over the last 15 years. This enormous gap reveals that significant barriers continue to impede asset recovery despite the commitments taken by governments, civil society and the private sector. Drawing on the experience of practitioners with hands-on experience, the Stolen Asset Recovery (StAR) Initiative launched this study to identify the barriers to stolen asset recovery internationally, provide brief analysis of the impact of these barriers, and propose recommendations for overcoming these obstacles. This volume is intended to guide policy makers in their efforts to ensure necessary resources and the development of a plan, policy or strategy aimed at eradicating the barriers to asset recovery. In addition, this study proposes actions to be taken by the G20, international organizations, financial institutions, developmental agencies and civil society.
Author : Mark Hoyle
Publisher : Taylor & Francis
Page : 900 pages
File Size : 45,6 Mb
Release : 2017-09-25
Category : Law
ISBN : 9781351566490
This book provides a solid, accurate, and helpful practical reference to those seeking interim relief orders, or fighting them, and to show how they can be flexible to protect legal rights and achieve a cost effective practical result in litigation and arbitration. Litigation and any other form of dispute resolution is redundant if the winning party cannot enforce its judgment or award, or cannot hold the position between the parties in the interim before a decision is made. The theory of who should win needs to give way to the practical, but often complicated, task of ensuring that all relevant evidence is before the decision-maker (judge or arbitrator) and that the potential fruits of a favourable decision are not dissipated to leave the winner without financial or practical recourse. This practitioner's guide enables you to protect your client's position in litigation or arbitration, and ensures that success in court is not hampered by destruction of evidence, or does not lead to an expensive hollow victory because no funds or assets are available.
Author : Robin Booth
Publisher : Oxford University Press
Page : 514 pages
File Size : 42,9 Mb
Release : 2011-03-03
Category : Business & Economics
ISBN : 9780199543038
This title provides a practical, comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organised crime.
Author : OECD,The World Bank
Publisher : OECD Publishing
Page : 96 pages
File Size : 43,7 Mb
Release : 2014-09-11
Category : Electronic
ISBN : 9789264222311
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.
Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 52,7 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 : OECD
Publisher : OECD Publishing
Page : 78 pages
File Size : 41,7 Mb
Release : 2021-06-17
Category : Electronic
ISBN : 9789264572874
First published in 2017, Fighting Tax Crime - The Ten Global Principles is the first comprehensive guide to fighting tax crimes. It sets out ten essential principles covering the legal, institutional, administrative, and operational aspects necessary for developing an efficient and effective system for identifying, investigating and prosecuting tax crimes, while respecting the rights of accused taxpayers.
