Left Out of the Bargain
Settlements In Foreign Bribery Cases And Implications For Asset Recovery
Part of the StAR Initiative series
Are settlements in foreign bribery cases undermining asset recovery efforts? This study examines settlements in foreign bribery cases and their implications for asset recovery, offering insights for legal practitioners, policymakers, and civil society organizations.
Left Out of the Bargain addresses the core issue of how monetary sanctions through settlements compare to UNCAC requirements for recovering proceeds of corruption. It explores the effect of settlements in one jurisdiction on investigations in another, raising questions about transparency, judicial review, and the impact on actions against bribe-givers and recipients.
Using case studies and legal analysis, this report maps the contours of settlements in both common and civil law jurisdictions. It identifies key features of settlements and recommends best practices, informed by UNCAC requirements, to ensure fairness and promote effective asset recovery. Discover how settlements can be reshaped to better serve justice and international cooperation.
Going for Broke
Insolvency Tools To Support Cross-border Asset Recovery In Corruption Cases
Part of the StAR Initiative series
Going for Broke is a practical tool to help policy makers, public officials, and those who have been entrusted with recovering stolen assets by informing them of how insolvency tools can be used to recover proceeds of corruption.
Taxing Crime
A Whole-of-government Approach To Fighting Corruption, Money Laundering, And Tax Crimes
Part of the StAR Initiative series
Taxing Crime: A Whole-of-Government Approach to Fighting Corruption, Money Laundering, and Tax Crimes examines how tax audits and investigations can lead to uncovering white-collar crime and how investigations of corruption can, in turn, lead to prosecutions of tax evasion or recovery of unpaid taxes. Prepared jointly by the World Bank and the United Nations Office on Drugs and Crime (UNODC) Stolen Asset Recovery Initiative (StAR) and the Global Tax Policy Center at the Institute for Austrian and International Tax Law, Vienna University of Economics and Business, this report offers analysis, case studies, examples of legal and operational frameworks, and recommendations that policy makers can use to enhance cooperation between tax authorities and law enforcement agencies at the national and international levels. This study is designed to serve as a reference and source of advocacy for policy makers, but it may be useful to other practitioners as well, including law enforcement offi cials, investigating magistrates, and prosecutors. Specifically, chapters present strategic considerations for establishing communication channels between tax and criminal investigative agencies; suggestions for combining tax and financial crime prosecution as part of an interagency asset recovery strategy; and approaches to developing interagency information exchange at the regional and international levels. It concludes with recommendations on ways to enhance the roles of both the tax authorities in combating money laundering and corruption and of the law enforcement authorities in recovering the proceeds of tax crimes. • Chapter 1 provides an introduction. • Chapter 2 presents strategic considerations for establishing information exchange channels between tax and criminal investigative agencies. • Chapter 3 explains how to combine tax and financial crime prosecution as part of an interagency asset recovery strategy. • Chapter 4 discusses approaches to developing interagency information exchange at the regional and international levels. • Chapter 5 provides recommendations for future efforts to enhance the role of tax authorities in supporting efforts to combat money laundering and corruption, and the role of law enforcement authorities in the recovery of proceeds of tax crimes. • The appendix contains case studies that illustrate effective interagency cooperation, including at the international level.
Few and Far
The Hard Facts On Stolen Asset Recovery
Part of the StAR Initiative series
Few and Far: The Hard Facts on Stolen Asset Recovery examines the challenges and opportunities in recovering stolen assets from corrupt officials. This report is for development agencies, policymakers, and civil society organizations committed to combating corruption and improving development effectiveness. It provides a comprehensive analysis of asset recovery efforts, highlighting key findings and recommendations for action.
- Understand the devastating impact of corruption on developing countries.
- Explore the role of international cooperation in asset recovery.
- Discover innovative approaches to asset tracing and confiscation.
This report offers valuable insights and practical guidance for those seeking to recover stolen assets and promote good governance.
Politically Exposed Persons
Preventive Measures For The Banking Sector
Part of the StAR Initiative series
In recent years, revelations of grand corruption and the plunder of state assets have led to greater scrutiny of financial relationships with politically exposed persons (PEPs)â€"senior government officials and their family members and close associates. Notwithstanding the efforts by many financial institutions and regulatory authorities to prevent corrupt PEPs from entering and using the financial system to launder the proceeds of corruption, there has been an overall failure in the effective implementation of international standards on PEPs. Implementation of an effective PEP regime is a critical component in the prevention and detection of transfers of proceeds of crime and, therefore, ultimately in the process of recovering them. 'Politically Exposed Persons: Preventive Measures for the Banking Sector' is designed to help banks and regulatory authorities address the risks posed by PEPs and prevent corrupt PEPs from using domestic and international financial systems to launder the proceeds of corruption. The book provides recommendations and good practices aimed at improving compliance with international standards and increasing supervisory effectiveness. It is an important tool for individuals, governments, financial and private sector companies, and international organizations involved in developing and implementing standards aimed at fighting corruption and money laundering, and trying to recover stolen assets and the proceeds of corruption.
Public Wrongs, Private Actions
Civil Lawsuits To Recover Stolen Assets
Part of the StAR Initiative series
A practical guide to recovering assets stolen through corruption using civil lawsuits. This study provides legal practitioners and policymakers with the tools to combat corruption and navigate international jurisdictions. It explores how states can act as private litigants to recover stolen assets, offering a necessary complement to criminal proceedings.
The study details the strategic, tactical, and technical issues of civil actions, including selecting lawyers, tracing assets, and enforcing judgments. It addresses key questions such as who can sue, where to file, and what legal claims are available.
- Understand civil remedies in asset recovery
- Navigate international legal frameworks
- Develop effective litigation strategies
This resource empowers governments and organizations to pursue asset recovery and ensure justice for those damaged by corruption.
Asset Recovery Handbook
A Guide For Practitioners
Part of the StAR Initiative series
The Asset Recovery Handbook is a practical tool to help policymakers, public officials, and those who have been entrusted with recovering stolen assets by informing them on how to pursue proceeds of corruption and navigate the challenges of international asset recovery.
Getting the Full Picture on Public Officials
A How-to Guide For Effective Financial Disclosure
Part of the StAR Initiative series
Financial disclosure systems are a vital component of transparency. By now 161 countries around the world have introduced financial disclosure systems, becoming commonplace around the world. But, although the rules are on the books, many practitioners are still struggling with the intricacies of the rules and how to implement them in the socioeconomic, historical, and legal context of their own country. Little guidance is available to assist them. This book aims to fill that void and provide practitioners with practical scenarios to consider before deciding on a particular course of action. This book contains short chapters that elaborate each topic and provide clear guidance on the issues that policy makers and those involved in the implementation of financial disclosure obligations will need to take into account before making a decision. How do you decide who should file? And how often? On-line or in hard copy? And what exactly? Everything they own directly-or also those apartments they own indirectly? How should information in declarations be checked? Should it be shared with public? How accessible should it be? This is the sort of practical guidance that this book aims to provide.