Kevin M. Stephenson

Barriers to asset recovery : an analysis of the key barriers and recommendations for action

Despite international commitments, significant barriers remain in the process of recovering the proceeds of corruption from foreign jurisdictions. This volume identifies and analyzes the impact of these obstacles and proposes recommendations for overcoming them. Developing countries lose an estimated US

Manual para la recuperacion de activos : una guia orientada a los profesionales

20 to 40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Thus, over a 15-year period, roughly US

Asset Recovery Handbook: A Guide for Practitioners

300 to 600 billion disappears. Most of these funds stolen from developing countries are believed to be transferred abroad and hidden in foreign jurisdictions. Regrettably, only US

Overview of the Asset Recovery Process and Avenues for Recovering Assets

5 billion in stolen assets have been repatriated over the last 15 years. This huge gap in actual recovery of stolen assets points to the presence of significant barriers that are impeding asset recovery. In order to address this gap, the Stolen Asset Recovery (StAR) Initiative has launched Barriers to Asset Recovery, a thorough analysis of these impediments and their negative impact. International cooperation is critical to tracing and recovering stolen funds. The United Nations Convention against Corruption provides a key platform to foster such collective action, as evidenced by the commitments taken by governments, civil society, and the private sector, but is not a panacea, because several of the barriers identified cannot be overcome through the convention. Drawing on the expertise of practitioners with hands-on experience, this study is intended to guide policy makers and promote practical recommendations aimed at assisting jurisdictions in devising effective policies to vigorously recover stolen assets. The G-20, international organizations, financial institutions, development agencies, and civil society have key roles to play to ensure concrete progress in implementing these recommendations.

Câ’m nang về thu hồi tài sa’n : hu’ó’ng dẫn dành cho ngu’ò’i thu’c hiên

The handbook is organized into nine chapters, a glossary, and ten appendixes of additional resources. Chapter one provides a general overview of the asset recovery process and legal avenues for recovery, along with practical case examples. Chapter two presents a host of strategic considerations for developing and managing an asset recovery case, including gathering initial sources of facts and information, assembling a team, and establishing a relationship with foreign counterparts for international cooperation. Chapter three introduces the techniques that practitioners may use to trace assets and analyze financial data, as well as to secure reliable and admissible evidence for asset confiscation cases. The provisional measures and planning necessary to secure the assets prior to confiscation are discussed in chapter four; and chapter five introduces some of the management issues that practitioners will need to consider during this phase. Confiscation systems are the focus of chapter six, including a review of the different systems and how they operate and the procedural enhancements that are available in some jurisdictions. On the issue of international cooperation, chapter seven reviews the various methods available, including informal assistance and mutual legal assistance requests; and guides practitioners through the entire process. Finally, chapters eight and nine discuss two additional avenues for asset recovery-respectively, civil proceedings and domestic confiscation proceedings undertaken in foreign jurisdictions.