Stolen Asset Recovery : A GoodPractices Guide for Non-conviction Based Asset Forfeiture

Greenberg, Theodore S. ; Samuel, Linda M. ; Grant, Wingate ; Gray, Larissa

World Bank

关键词: ABUSE;    ADMINISTRATIVE PROCEDURES;    ANTI-MONEY LAUNDERING;    ASSET MANAGEMENT;    ASSET RECOVERY;   

DOI  :  10.1596/978-0-8213-7890-8
RP-ID  :  48092

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

The guide is organized into three majorparts: Part A first provides an overview of the problem ofstolen assets and the problem of recovering the assets oncethey are transferred abroad. Second, it describes how theinternational community has taken steps to respond to theproblem through United Nations Convention against Corruption(UNCAC) and the Stolen Asset Recovery (StAR) Initiative.UNCAC introduced a new framework to facilitate the tracing,freezing, seizing, forfeiture, and return of assets stolenthrough corrupt practices and hidden in foreignjurisdictions. The StAR Initiative developed an action planto support the domestication and implementation of assetrecovery provisions under UNCAC, to facilitatecountries' efforts to recover stolen assets that havebeen hidden in foreign jurisdictions, and ultimately, tohelp deter such flows and eliminate safe havens for hidingcorruption proceeds. Third and finally, Part A introducesnon-conviction based (NCB) asset forfeiture as one of thecritical tools to combat corruption, describing thesituations when it is useful, how it differs from criminalforfeiture, its usefulness in civil and common lawjurisdictions, and the support it has gainedinternationally. Part B contains the 36 key concepts. Theconcepts have been grouped together by topic area, includingprime imperatives, definitions of assets and offensessubject to NCB asset forfeiture, measures for investigationand preservation of assets, procedural and evidentiaryconcepts, determining parties and ensuring proper notice,judgment proceedings, organizational considerations andasset management, and international cooperation and assetrecovery. The concepts are illustrated through examples fromcases and excerpts from different jurisdictions' NCBasset forfeiture legislation. Part C contains a number ofspecial contributions written by individual practitioners.The contributions focus on the general practice of NCB assetforfeiture and international cooperation in specificjurisdictions, namely Colombia, Guernsey, Ireland, Kuwait,Switzerland, Thailand, and the United Kingdom. In addition,some contributions illustrate a selection of NCB assetforfeiture practices, such as asset management, delegatingcertain roles to the executive branch, and pursuingforfeiture based on illicit enrichment.