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Recovering Stolen Assets
Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.
Corporate Criminal Liability
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Countering Terrorist Financing
Terrorists need money to commit acts of violence and sustain their operations. Measures to combat terrorism therefore aim to prevent terrorists from raising, moving and using funds or other assets. The effectiveness - and the fairness - of these measures were considered at the second 'Giessbach' seminar on counter-terrorist financing (CTF) organised by the Basel Institute on Governance in October 2008. This book contains essays presented at the seminar written by practitioners and academics with extensive experience in the field of CTF. The authors offer a diversity of views on the domestic, regional and international initiatives aimed at detecting terrorist funds in the financial system, preventing terrorists from moving their money via alternative financial channels and facilitating the recovery of terrorist assets. The editors conclude with in-sights into the ongoing challenge of making CTF measures both effective and legally sustainable in the lead-up to Giessbach III in December 2009.
Gold Laundering
In this eye-opening book, Mark Pieth gives an in-depth insight into how the global gold market works, what role Switzerland plays in it, where the hidden abuses lie and how human rights in the gold industry can be protected in a credible way. This hard-hitting, exclusively researched depiction of a key area of economic policy takes us both to the glittering world of gold refining and to the world's worst mining regions. Mark Pieth illuminates the historical roots of the gold trade before turning his attention to today's supply chains, from mines to refineries and clandestine intermediaries to consumers: central banks, investors, jewellers and watchmakers. He reveals some of the horrific prob...
Collective Action
The Basel Institute on Governance is an influential not-for-profit organization with particular competencies in corruption prevention and public governance, corporate governance and compliance, anti-money laundering, as well as anti-corruption law enforcement and the recovery of stolen assets. Based in Basel, Switzerland, and associated with the University of Basel, the Institute's multidisciplinary and international team works with governments, companies, international organizations, and aid agencies towards its mission of tangibly improving the quality of governance globally. Building on more than 20 years of experience in anti-corruption and anti-money laundering standard setting, and on ...
A Comparative Guide to Anti-money Laundering
The efforts to combat the phenomenon of money laundering are examined in detail in this book, particularly in relation to how AMI (anti-money laundering) rules and regulations impact on four major cross-border banking centres in the world.
The OECD Convention on Bribery
The OECD Treaty of 1997 introduced criminal liability for OECD-based individuals and companies who bribe foreign officials to win business.
Financing Terrorism
In declaring the war against terrorism President George W. Bush also declared war on the financing of terrorism. In this book, bankers, regulators and academics pose a variety of questions from their individual perspectives: What can financial institutions realistically contribute to the suppression of terrorist financing? Can individual rights be protected in these circumstances? These questions are analyzed by experts who come up with some thought-provoking answers.
Arbitration and Corruption
Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an eco...
Negotiated Settlements in Bribery Cases
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
