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Taxing Crime
Taxing Crime: A Whole-of-Government Approach to Fighting Corruption, Money Laundering, and Tax Crimes examines how tax audits and investigations can lead to uncovering white-collar crime and how investigations of corruption can, in turn, lead to prosecutions of tax evasion or recovery of unpaid taxes. Prepared jointly by the World Bank and the United Nations Office on Drugs and Crime (UNODC) Stolen Asset Recovery Initiative (StAR) and the Global Tax Policy Center at the Institute for Austrian and International Tax Law, Vienna University of Economics and Business, this report offers analysis, case studies, examples of legal and operational frameworks, and recommendations that policy makers ca...
Public Wrongs, Private Actions
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.
Overcoming the Corruption Conundrum in Africa
This book adopts a holistic approach to identifying what could be done to surmount the corruption conundrum in the African continent. It acknowledges the objective reality of corruption in Africa, and identifies primary solutions to the issue. The volume takes a socio-legal approach in order to reveal the nature and extent of corruption, and suggests that solutions can be found simply by interrogating how society reacts to it. In conjunction with this, the book identifies and critiques constraints in the formation of a definitive definition of corruption. As shown here, although it is critical for African states to develop anti-corruption strategies, the solution to the problem requires an understanding of the significance of political will, and how the lack thereof has led to the endurance of corruption in Africa.
Asset Recovery Handbook
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 jurisdic...
Going for Broke
Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.
Getting the Full Picture on Public Officials
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 t...
To Catch a Dictator
What does it take to make a dictator answer for his crimes? Hissène Habré, the former despot of Chad, had terrorized, tortured, and killed on a horrific scale over eight bloody years in power—all while enjoying full American and Western support. After Habré’s overthrow, his victims and their supporters were determined to see him held responsible for his atrocities. Their quest for justice would be long, tense, and unnerving, but they would not back down. To Catch a Dictator is a dramatic insider’s account of the hunt for Habré and his momentous trial. The human rights lawyer Reed Brody recounts how he and an international team of investigators, legal experts, and victims worked acr...
ASEAN Food Journal
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The United Nations Convention Against Corruption
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 provid...
La Traque de Hissène Habré
Dans ce récit palpitant, l’avocat Reed Brody raconte l’exceptionnel combat, pendant dix-huit longues années, d’une poignée de survivants déterminés, engagés dans la poursuite d’un tyran qui pensait avoir échappé à la justice. L’auteur retrace en détail comment lui et son équipe d’enquêteurs internationaux et de victimes sont parvenus à exhumer des preuves, à saisir des tribunaux, à convaincre des gouvernements réticents et à sensibiliser l’opinion publique afin de faire traduire en justice Hissène Habré, ancien dictateur du Tchad. Habré, dont la violente prise de pouvoir et le règne sanglant (1982-1990) ont bénéficié de la complicité de la France et des États-Unis, a fait emprisonner, torturer et assassiner des dizaines de milliers de personnes, dans un pays désespérément pauvre et à la merci de son ambition et de sa cruauté. Riche en rebondissements, le récit de l’affaire Habré démontre que, malgré l’impunité dont ils se croient assurés, les dirigeants responsables des pires atrocités peuvent désormais être poursuivis à l’échelle internationale, traduits en justice, et condamnés.
