Download or read book Illicit Enrichment written by Andrew Dornbierer and published by Basel Institute on Governance. This book was released on 2021-06-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illicit Enrichment by Andrew Dornbierer provides a comprehensive guide to illicit enrichment laws and their application to target unexplained wealth and recover proceeds of corruption and other crimes. The book covers both criminal and civil-based laws from around the world. Investigators, prosecutors, legislators and academics alike will benefit from the clear descriptions and practical guidance on different approaches to targeting unexplainable increases in wealth, how to establish cases in court, and common legal challenges to illicit enrichment laws. Features: - Extensive analysis of jurisprudence and cases around the world - Tables, flow charts and graphics explaining key concepts - Discussion of common questions and challenges - A collection of laws from 103 jurisdictions, also as an online database A step-by-step guide to financial investigation and source and application analysis to support illicit enrichment cases Illicit Enrichment was developed and published by the Basel Institute on Governance through its International Centre for Asset Recovery, with research support from the NYU School of Law. This book is freely available as an open-access research publication under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Licence (CC BY-NC-ND 4.0).
Download or read book On the Take written by Lindy Muzila and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups
Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Colombia written by International Monetary Fund. Legal Dept. and published by International Monetary Fund. This book was released on 2018-11-15 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides a summary of the anti-money laundering/combating the financing of terrorism (AML/CFT) measures in place in Colombia as at the date of the onsite visit (June 5 to 22, 2017). It analyzes the level of compliance with the Financial Action Task Force (FATF) 40 Recommendations and the level of effectiveness of Colombia’s AML/CFT system, and provides recommendations on how the system could be strengthened.
Download or read book Corrupt Circles written by Alfonso W. Quiroz and published by Woodrow Wilson Center Press. This book was released on 2008-11-10 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pervasiveness of corruption has been aided by the readiness of both Peruvians and the international community to turn a blind eye.
Download or read book Getting the Full Picture on Public Officials written by Ivana Maria Rossi and published by World Bank Publications. This book was released on 2017-01-13 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The United Nations Convention Against Corruption written by Cecily Rose and published by Oxford University Press. This book was released on 2019-01-24 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Corruption and Money Laundering written by D. Chaikin and published by Springer. This book was released on 2009-06-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a policy and legal analysis, this book shows how corruption facilitates money laundering, and vice versa. Furthermore, it demonstrates specifically how the responses developed to combat one type of financial crime can productively be employed in fighting the other.
Download or read book Corruption Asset Recovery and the Protection of Property in Public International Law written by Radha Ivory and published by Cambridge University Press. This book was released on 2014-08-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A human rights analysis of international efforts to confiscate wealth in grand corruption cases that focuses on protections for property.
Download or read book Confronting the Shadow State written by Henri Decœur and published by Oxford University Press. This book was released on 2018 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive analysis of state organized crime from the perspective of international law, Decoeur discusses how international law can and should be used to tackle state organized crime and argues for the development of international legal mechanisms specifically designed to address this issue.
Download or read book Between Impunity and Imperialism written by Kevin E. Davis and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
Download or read book Elgar Encyclopedia of Corruption and Society written by Luís de Sousa and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delving into the phenomenology of corruption and its impacts on the governance of societies, this cutting edge Encyclopedia considers what makes corruption such a resilient, complex, and global priority for study. This title contains one or more Open Access entries.
Download or read book Handbook of African Economic Development written by Pádraig Carmody and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of African Economic Development explores the diverse nature of economic advancement in Africa, spanning from pre-colonial times to the present day. Expansive in scope, it offers both orthodox and heterodox perspectives on the subject, and what it means for the continent.
Download or read book The Global Anti Corruption Regime written by Hannah Harris and published by Routledge. This book was released on 2018-09-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade.
Download or read book Fighting Corruption in Eastern Europe and Central Asia Anti corruption Reforms in Eastern Europe and Central Asia Progress and Challenges 2009 2013 written by OECD and published by OECD Publishing. This book was released on 2013-08-16 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: During several past years countries in Eastern Europe and Central Asia have introduced important anti-corruption reforms. However, corruption remains high in the region. This report identifies progress achieved in the region as well as remaining challenges which require further action by countries.
