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Going for Broke is a practical tool to help policymakers, 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.
The study supports policy makers in designing legal and operational
frameworks and practices to enhance cooperation between tax
authorities and Law Enforcement Agencies at the domestic and
international levels, and to build on synergies between
investigations and enforcement in the context of tax crimes, money
laundering and corruption.
The Asset Recovery Handbook: A Guide for Practitioners has been
updated in 2020 by the Stolen Asset Recovery (StAR) initiative, a
joint initiative of the United Nations Office of Drugs and Crime
and the World Bank focused on encouraging and facilitating a more
systematic and timely return of stolen assets. Designed as a how-to
manual, the handbook guides practitioners as they grapple with the
strategic, organizational, investigative, and legal challenges of
recovering assets that have been stolen by corrupt leaders and
hidden abroad. It provides common approaches to recovering stolen
assets located in foreign jurisdictions, identifies the challenges
that practitioners are likely to encounter, and introduces good
practices. By consolidating into a single framework, information
that is dispersed across various professional backgrounds, the
handbook has enhanced the effectiveness of practitioners working in
a team environment. After 10 years of serving as a recognized
reference for practitioners and trainers since it was first
published in 2011, the StAR initiative decided to develop this
updated version by incorporating developments based on the
experience collected during this decade, including new legislation
and case examples. This 2020 second edition emphasizes the need to
utilize innovative strategies and technical tools, including in the
context of international cooperation
Corruption and thefts of public assets harm a diffuse set of
victims, weakens confidence in public institutions, damages the
private investment climate, and threatens the foundations of the
society as a whole. In developing countries with scarce public
resources, the cost of corruption is an impediment to development:
developing countries lose between US$20 to US$40 billion each year
through bribery, misappropriation of funds, and other corrupt
practices. Corruption is by no means a "victimless crime." This
study aims to explore the standing of States and Government
entities as victims and the possible recourse to private actions to
redress public wrongs. States and Government entities may act as
private litigants and bring civil suits to recover assets lost to
corruption. The goal of this work is to promote knowledge and
understanding as well as to increase the use of civil remedies and
private lawsuits to recover stolen assets in the context of the
United Nations Convention against Corruption (UNCAC) offences. The
UNCAC, the global standard for the fight against corruption, does
not contain a legal definition of corruption itself but lists an
array of offences, including public and private sector bribery and
the embezzlement of public and private sector funds. The study will
mainly focus on these two types of corruption, namely bribery and
embezzlement of funds. This study is not intended in any way to
minimize the importance of criminal proceedings and confiscation in
addressing acts of corruption. Rather, it will show that civil law
remedies can effectively complement criminal penalties by attacking
the economic base of corrupt activities both in the public and the
private sectors. In fact, given the magnitude of the challenges,
all avenues of asset recovery, be they criminal or civil, should be
explored simultaneously in order to tackle corruption from each and
every angle and achieve the goals of deterrence and enforcement.
Hence, while criminal law expresses society's disapproval of the
corrupt acts and aims at dissuasion, punishment, and confiscation
of illicit proceeds, civil law focuses on victims' interests and
aims at compensation and restitution. These procedures may occur
sometimes in parallel, sometimes sequentially. An effective
response to corruption very often requires concomitant use of both
criminal and civil law remedies to achieve the desired result.
Developing countries lose an estimated US$20-40 billion 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 have 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 of 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 the Asset
Recovery Handbook: A Guide for Practitioners to guide 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. Included are examples of tools that can
be used by practitioners, such as sample intelligence reports,
applications for court orders, and mutual legal assistance
requests."
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