Stolen Asset Recovery : A Good Practices Guide for Non-conviction Based Asset Forfeiture
The guide is organized into three major parts: Part A first provides an overview of the problem of stolen assets and the problem of recovering the assets once they are transferred abroad. Second, it describes how the international community has tak...
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| Format: | Publication |
| Language: | English |
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World Bank
2012
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| Online Access: | http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000333038_20090413022407 http://hdl.handle.net/10986/2615 |
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okr-10986-2615 |
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oai_dc |
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Digital Repository |
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Foreign Institution |
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Digital Repositories |
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World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English |
| topic |
ABUSE ADMINISTRATIVE PROCEDURES ANTI-MONEY LAUNDERING ASSET MANAGEMENT ASSET RECOVERY ASSETS AUCTION AUCTION PROCESS BEST PRACTICE BEST PRACTICES BRIBERY OF FOREIGN PUBLIC OFFICIALS BRIBES CASE LAW CASH PAYMENTS CIVIL LAW CLAIM CLAIMANT COCAINE COMBATING BRIBERY COMMON LAW COMMON LAW JURISDICTION COMMON LAW JURISDICTIONS COMMON LAW SYSTEMS COMPENSATION CONFIDENCE CONFISCATION ORDER CONSTITUTIONAL COURT CONVICTION CONVICTIONS CORRUPT CORRUPT OFFICIAL CORRUPT OFFICIALS CORRUPT PRACTICES CORRUPTION CORRUPTION INVESTIGATION COURT COURT APPROVAL COURT OF APPEAL COURT OF JUSTICE COURTS CREDITORS CRIME CRIMES CRIMINAL CRIMINAL ACTIVITIES CRIMINAL ACTIVITY CRIMINAL CASE CRIMINAL CODE CRIMINAL COURT CRIMINAL INVESTIGATION CRIMINAL INVESTIGATIONS CRIMINAL JURISDICTION CRIMINAL LAW CRIMINAL LAWS CRIMINALS CUSTOMARY LAW DEFAULT JUDGMENT DEPENDENT DEPOSITS DISCLOSURE DISCRETION DISPOSAL OF ASSETS DISPOSITION DOMESTIC LAW DOMESTIC LAWS DRUG DRUG ABUSE DRUG TRAFFICKING DRUGS DUE PROCESS EMBEZZLEMENT ENFORCEABILITY ESTATE EU EXISTING LAWS FAIR TRIAL FIGHT AGAINST CORRUPTION FINAL JUDGMENT FINANCIAL INSTITUTIONS FINANCIAL INTELLIGENCE FINANCIAL INTELLIGENCE UNIT FINANCIAL MANAGEMENT FINANCIAL MARKET FINANCIAL MARKETS FINANCIAL RESOURCES FINANCIAL STATEMENTS FORFEITURE FORFEITURES FRAUD FROZEN ASSETS GRAND CORRUPTION HOME HUMAN RIGHTS ILLICIT DRUG IMPLEMENTATION OF LAWS IMPRISONMENT INITIATIVE INSTITUTIONAL CAPACITY INTEGRITY INTERESTED PARTIES INTERNATIONAL BUSINESS INTERNATIONAL BUSINESS TRANSACTIONS INTERNATIONAL FINANCIAL SYSTEM INTERNATIONAL SUPPORT INTERNATIONAL TREATIES INVESTIGATING MAGISTRATES INVESTIGATION INVESTIGATIONS INVESTIGATORS INVESTMENT CLIMATE JUDGE JUDGEMENT JUDGES JUDGMENT JUDGMENTS JUDICIAL ACTION JUDICIAL CAPACITY JUDICIAL COOPERATION JUDICIAL PROCEEDINGS JUDICIAL SCRUTINY JUDICIAL SYSTEM JUDICIARY JURISDICTION LAW ENFORCEMENT LEGAL ACTIONS LEGAL CHALLENGE LEGAL CHALLENGES LEGAL FRAMEWORK LEGAL MECHANISM LEGAL STATUS LEGAL SYSTEM LEGISLATION MINISTERS MORTGAGE MUTUAL LEGAL ASSISTANCE NARCOTIC NARCOTIC DRUGS NARCOTICS NARCOTICS AGENCY NARCOTICS CONTROL NEGOTIATION OFFENDER OFFENSE OFFENSES OFFICIAL CORRUPTION ORGANISED CRIME ORGANIZED CRIME PEP PERSONAL ASSETS POLICE POLITICIAN PRESERVATION OF ASSETS PRESUMPTION OF INNOCENCE PRIVACY PRIVATE INVESTMENT PRIVATE LAW PROPERTY LAW PROPERTY RIGHTS PROSECUTION PROSECUTIONS PROSECUTOR PROSECUTORS PSYCHOTROPIC SUBSTANCES PUBLIC FUNDS PUBLIC OFFICIALS REBUTTABLE PRESUMPTIONS RECOVERED FUNDS RECOVERY OF ASSETS REMEDIES REPATRIATION RESTRAINT ORDER RESTRAINT ORDERS RIGHT OF PROPERTY RULES OF PROCEDURE SAFE HAVEN SAFE HAVENS SANCTION SECURED CREDITORS SERVICE DELIVERY SOCIAL SERVICE STATEMENT STOLEN FUNDS TERRORISM THEFT THEFTS TITLES TRIAL VALUE OF ASSETS VICTIMS WILL |
| spellingShingle |
ABUSE ADMINISTRATIVE PROCEDURES ANTI-MONEY LAUNDERING ASSET MANAGEMENT ASSET RECOVERY ASSETS AUCTION AUCTION PROCESS BEST PRACTICE BEST PRACTICES BRIBERY OF FOREIGN PUBLIC OFFICIALS BRIBES CASE LAW CASH PAYMENTS CIVIL LAW CLAIM CLAIMANT COCAINE COMBATING BRIBERY COMMON LAW COMMON LAW JURISDICTION COMMON LAW JURISDICTIONS COMMON LAW SYSTEMS COMPENSATION CONFIDENCE CONFISCATION ORDER CONSTITUTIONAL COURT CONVICTION CONVICTIONS CORRUPT CORRUPT OFFICIAL CORRUPT OFFICIALS CORRUPT PRACTICES CORRUPTION CORRUPTION INVESTIGATION COURT COURT APPROVAL COURT OF APPEAL COURT OF JUSTICE COURTS CREDITORS CRIME CRIMES CRIMINAL CRIMINAL ACTIVITIES CRIMINAL ACTIVITY CRIMINAL CASE CRIMINAL CODE CRIMINAL COURT CRIMINAL INVESTIGATION CRIMINAL INVESTIGATIONS CRIMINAL JURISDICTION CRIMINAL LAW CRIMINAL LAWS CRIMINALS CUSTOMARY LAW DEFAULT JUDGMENT DEPENDENT DEPOSITS DISCLOSURE DISCRETION DISPOSAL OF ASSETS DISPOSITION DOMESTIC LAW DOMESTIC LAWS DRUG DRUG ABUSE DRUG TRAFFICKING DRUGS DUE PROCESS EMBEZZLEMENT ENFORCEABILITY ESTATE EU EXISTING LAWS FAIR TRIAL FIGHT AGAINST CORRUPTION FINAL JUDGMENT FINANCIAL INSTITUTIONS FINANCIAL INTELLIGENCE FINANCIAL INTELLIGENCE UNIT FINANCIAL MANAGEMENT FINANCIAL MARKET FINANCIAL MARKETS FINANCIAL RESOURCES FINANCIAL STATEMENTS FORFEITURE FORFEITURES FRAUD FROZEN ASSETS GRAND CORRUPTION HOME HUMAN RIGHTS ILLICIT DRUG IMPLEMENTATION OF LAWS IMPRISONMENT INITIATIVE INSTITUTIONAL CAPACITY INTEGRITY INTERESTED PARTIES INTERNATIONAL BUSINESS INTERNATIONAL BUSINESS TRANSACTIONS INTERNATIONAL FINANCIAL SYSTEM INTERNATIONAL SUPPORT INTERNATIONAL TREATIES INVESTIGATING MAGISTRATES INVESTIGATION INVESTIGATIONS INVESTIGATORS INVESTMENT CLIMATE JUDGE JUDGEMENT JUDGES JUDGMENT JUDGMENTS JUDICIAL ACTION JUDICIAL CAPACITY JUDICIAL COOPERATION JUDICIAL PROCEEDINGS JUDICIAL SCRUTINY JUDICIAL SYSTEM JUDICIARY JURISDICTION LAW ENFORCEMENT LEGAL ACTIONS LEGAL CHALLENGE LEGAL CHALLENGES LEGAL FRAMEWORK LEGAL MECHANISM LEGAL STATUS LEGAL SYSTEM LEGISLATION MINISTERS MORTGAGE MUTUAL LEGAL ASSISTANCE NARCOTIC NARCOTIC DRUGS NARCOTICS NARCOTICS AGENCY NARCOTICS CONTROL NEGOTIATION OFFENDER OFFENSE OFFENSES OFFICIAL CORRUPTION ORGANISED CRIME ORGANIZED CRIME PEP PERSONAL ASSETS POLICE POLITICIAN PRESERVATION OF ASSETS PRESUMPTION OF INNOCENCE PRIVACY PRIVATE INVESTMENT PRIVATE LAW PROPERTY LAW PROPERTY RIGHTS PROSECUTION PROSECUTIONS PROSECUTOR PROSECUTORS PSYCHOTROPIC SUBSTANCES PUBLIC FUNDS PUBLIC OFFICIALS REBUTTABLE PRESUMPTIONS RECOVERED FUNDS RECOVERY OF ASSETS REMEDIES REPATRIATION RESTRAINT ORDER RESTRAINT ORDERS RIGHT OF PROPERTY RULES OF PROCEDURE SAFE HAVEN SAFE HAVENS SANCTION SECURED CREDITORS SERVICE DELIVERY SOCIAL SERVICE STATEMENT STOLEN FUNDS TERRORISM THEFT THEFTS TITLES TRIAL VALUE OF ASSETS VICTIMS WILL Greenberg, Theodore S. Samuel, Linda M. Grant, Wingate Gray, Larissa Stolen Asset Recovery : A Good Practices Guide for Non-conviction Based Asset Forfeiture |
| description |
The guide is organized into three major
parts: Part A first provides an overview of the problem of
stolen assets and the problem of recovering the assets once
they are transferred abroad. Second, it describes how the
international community has taken steps to respond to the
problem 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 stolen
through corrupt practices and hidden in foreign
jurisdictions. The StAR Initiative developed an action plan
to support the domestication and implementation of asset
recovery provisions under UNCAC, to facilitate
countries' efforts to recover stolen assets that have
been hidden in foreign jurisdictions, and ultimately, to
help deter such flows and eliminate safe havens for hiding
corruption proceeds. Third and finally, Part A introduces
non-conviction based (NCB) asset forfeiture as one of the
critical tools to combat corruption, describing the
situations when it is useful, how it differs from criminal
forfeiture, its usefulness in civil and common law
jurisdictions, and the support it has gained
internationally. Part B contains the 36 key concepts. The
concepts have been grouped together by topic area, including
prime imperatives, definitions of assets and offenses
subject to NCB asset forfeiture, measures for investigation
and preservation of assets, procedural and evidentiary
concepts, determining parties and ensuring proper notice,
judgment proceedings, organizational considerations and
asset management, and international cooperation and asset
recovery. The concepts are illustrated through examples from
cases and excerpts from different jurisdictions' NCB
asset forfeiture legislation. Part C contains a number of
special contributions written by individual practitioners.
The contributions focus on the general practice of NCB asset
forfeiture and international cooperation in specific
jurisdictions, namely Colombia, Guernsey, Ireland, Kuwait,
Switzerland, Thailand, and the United Kingdom. In addition,
some contributions illustrate a selection of NCB asset
forfeiture practices, such as asset management, delegating
certain roles to the executive branch, and pursuing
forfeiture based on illicit enrichment. |
| format |
Publications & Research :: Publication |
| author |
Greenberg, Theodore S. Samuel, Linda M. Grant, Wingate Gray, Larissa |
| author_facet |
Greenberg, Theodore S. Samuel, Linda M. Grant, Wingate Gray, Larissa |
| author_sort |
Greenberg, Theodore S. |
| title |
Stolen Asset Recovery : A Good
Practices Guide for Non-conviction Based Asset Forfeiture |
| title_short |
Stolen Asset Recovery : A Good
Practices Guide for Non-conviction Based Asset Forfeiture |
| title_full |
Stolen Asset Recovery : A Good
Practices Guide for Non-conviction Based Asset Forfeiture |
| title_fullStr |
Stolen Asset Recovery : A Good
Practices Guide for Non-conviction Based Asset Forfeiture |
| title_full_unstemmed |
Stolen Asset Recovery : A Good
Practices Guide for Non-conviction Based Asset Forfeiture |
| title_sort |
stolen asset recovery : a good
practices guide for non-conviction based asset forfeiture |
| publisher |
World Bank |
| publishDate |
2012 |
| url |
http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000333038_20090413022407 http://hdl.handle.net/10986/2615 |
| _version_ |
1764385709985103872 |
| spelling |
okr-10986-26152021-06-08T12:08:57Z Stolen Asset Recovery : A Good Practices Guide for Non-conviction Based Asset Forfeiture Greenberg, Theodore S. Samuel, Linda M. Grant, Wingate Gray, Larissa ABUSE ADMINISTRATIVE PROCEDURES ANTI-MONEY LAUNDERING ASSET MANAGEMENT ASSET RECOVERY ASSETS AUCTION AUCTION PROCESS BEST PRACTICE BEST PRACTICES BRIBERY OF FOREIGN PUBLIC OFFICIALS BRIBES CASE LAW CASH PAYMENTS CIVIL LAW CLAIM CLAIMANT COCAINE COMBATING BRIBERY COMMON LAW COMMON LAW JURISDICTION COMMON LAW JURISDICTIONS COMMON LAW SYSTEMS COMPENSATION CONFIDENCE CONFISCATION ORDER CONSTITUTIONAL COURT CONVICTION CONVICTIONS CORRUPT CORRUPT OFFICIAL CORRUPT OFFICIALS CORRUPT PRACTICES CORRUPTION CORRUPTION INVESTIGATION COURT COURT APPROVAL COURT OF APPEAL COURT OF JUSTICE COURTS CREDITORS CRIME CRIMES CRIMINAL CRIMINAL ACTIVITIES CRIMINAL ACTIVITY CRIMINAL CASE CRIMINAL CODE CRIMINAL COURT CRIMINAL INVESTIGATION CRIMINAL INVESTIGATIONS CRIMINAL JURISDICTION CRIMINAL LAW CRIMINAL LAWS CRIMINALS CUSTOMARY LAW DEFAULT JUDGMENT DEPENDENT DEPOSITS DISCLOSURE DISCRETION DISPOSAL OF ASSETS DISPOSITION DOMESTIC LAW DOMESTIC LAWS DRUG DRUG ABUSE DRUG TRAFFICKING DRUGS DUE PROCESS EMBEZZLEMENT ENFORCEABILITY ESTATE EU EXISTING LAWS FAIR TRIAL FIGHT AGAINST CORRUPTION FINAL JUDGMENT FINANCIAL INSTITUTIONS FINANCIAL INTELLIGENCE FINANCIAL INTELLIGENCE UNIT FINANCIAL MANAGEMENT FINANCIAL MARKET FINANCIAL MARKETS FINANCIAL RESOURCES FINANCIAL STATEMENTS FORFEITURE FORFEITURES FRAUD FROZEN ASSETS GRAND CORRUPTION HOME HUMAN RIGHTS ILLICIT DRUG IMPLEMENTATION OF LAWS IMPRISONMENT INITIATIVE INSTITUTIONAL CAPACITY INTEGRITY INTERESTED PARTIES INTERNATIONAL BUSINESS INTERNATIONAL BUSINESS TRANSACTIONS INTERNATIONAL FINANCIAL SYSTEM INTERNATIONAL SUPPORT INTERNATIONAL TREATIES INVESTIGATING MAGISTRATES INVESTIGATION INVESTIGATIONS INVESTIGATORS INVESTMENT CLIMATE JUDGE JUDGEMENT JUDGES JUDGMENT JUDGMENTS JUDICIAL ACTION JUDICIAL CAPACITY JUDICIAL COOPERATION JUDICIAL PROCEEDINGS JUDICIAL SCRUTINY JUDICIAL SYSTEM JUDICIARY JURISDICTION LAW ENFORCEMENT LEGAL ACTIONS LEGAL CHALLENGE LEGAL CHALLENGES LEGAL FRAMEWORK LEGAL MECHANISM LEGAL STATUS LEGAL SYSTEM LEGISLATION MINISTERS MORTGAGE MUTUAL LEGAL ASSISTANCE NARCOTIC NARCOTIC DRUGS NARCOTICS NARCOTICS AGENCY NARCOTICS CONTROL NEGOTIATION OFFENDER OFFENSE OFFENSES OFFICIAL CORRUPTION ORGANISED CRIME ORGANIZED CRIME PEP PERSONAL ASSETS POLICE POLITICIAN PRESERVATION OF ASSETS PRESUMPTION OF INNOCENCE PRIVACY PRIVATE INVESTMENT PRIVATE LAW PROPERTY LAW PROPERTY RIGHTS PROSECUTION PROSECUTIONS PROSECUTOR PROSECUTORS PSYCHOTROPIC SUBSTANCES PUBLIC FUNDS PUBLIC OFFICIALS REBUTTABLE PRESUMPTIONS RECOVERED FUNDS RECOVERY OF ASSETS REMEDIES REPATRIATION RESTRAINT ORDER RESTRAINT ORDERS RIGHT OF PROPERTY RULES OF PROCEDURE SAFE HAVEN SAFE HAVENS SANCTION SECURED CREDITORS SERVICE DELIVERY SOCIAL SERVICE STATEMENT STOLEN FUNDS TERRORISM THEFT THEFTS TITLES TRIAL VALUE OF ASSETS VICTIMS WILL The guide is organized into three major parts: Part A first provides an overview of the problem of stolen assets and the problem of recovering the assets once they are transferred abroad. Second, it describes how the international community has taken steps to respond to the problem 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 stolen through corrupt practices and hidden in foreign jurisdictions. The StAR Initiative developed an action plan to support the domestication and implementation of asset recovery provisions under UNCAC, to facilitate countries' efforts to recover stolen assets that have been hidden in foreign jurisdictions, and ultimately, to help deter such flows and eliminate safe havens for hiding corruption proceeds. Third and finally, Part A introduces non-conviction based (NCB) asset forfeiture as one of the critical tools to combat corruption, describing the situations when it is useful, how it differs from criminal forfeiture, its usefulness in civil and common law jurisdictions, and the support it has gained internationally. Part B contains the 36 key concepts. The concepts have been grouped together by topic area, including prime imperatives, definitions of assets and offenses subject to NCB asset forfeiture, measures for investigation and preservation of assets, procedural and evidentiary concepts, determining parties and ensuring proper notice, judgment proceedings, organizational considerations and asset management, and international cooperation and asset recovery. The concepts are illustrated through examples from cases and excerpts from different jurisdictions' NCB asset forfeiture legislation. Part C contains a number of special contributions written by individual practitioners. The contributions focus on the general practice of NCB asset forfeiture and international cooperation in specific jurisdictions, namely Colombia, Guernsey, Ireland, Kuwait, Switzerland, Thailand, and the United Kingdom. In addition, some contributions illustrate a selection of NCB asset forfeiture practices, such as asset management, delegating certain roles to the executive branch, and pursuing forfeiture based on illicit enrichment. 2012-03-19T10:03:05Z 2012-03-19T10:03:05Z 2009 http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000333038_20090413022407 978-0-8213-7890-8 http://hdl.handle.net/10986/2615 English CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo World Bank World Bank Publications & Research :: Publication Publications & Research :: Publication |