Africa

Beyond the Duvalier Legacy: What New ‘Arab Spring’ Governments Can Learn from Haiti and the Benefits of Stolen Asset Recovery

By: 
Mark V. Vlasic and Gregory Cooper
Date: 
02/19/2012
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In this well-documented and incisive piece, Vlasic and Cooper make a strong case for the vital importance of improving international stolen asset recovery* efforts directed at corrupt public officials, or “Politically Exposed Persons,” as they are known.

'One-off' asset recovery across borders – Forcing third parties, facilitators and fronts to pay when the fraudster has fled

The collapse of a financial crime or fraud scheme is merely the beginning of a long road the victims must travel to recover their stolen funds. In most cases, the fraudster or other financial criminal has fled and the stolen assets are well-hidden or have been dissipated. A growing body of tools and legal precepts has arisen in recent years to help victims recover assets from third parties. This is a process that IAAR calls “one-off” recovery.

Gwent Police to fund five new jobs with seized assets

By: 
IAAR Staff
Date: 
05/10/2011
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Gwent Police have seized enoug cash and assets from criminals in the past five years to fund five new jobs. Each year police forces receive a proportion of the money they confiscate from career criminals, to fight crimes that blight communities. This year Gwent seized £1.6m, £400,000 of which will fund one new post and tackle drug dealers and paedophiles. BBC, Friday, May 13, 2011

International Asset Tracing in Insolvency: The definition of a 'sham'

By: 
Felicity Toube QC
Date: 
05/02/2011

The following is an excerpt from International Asset Tracing in Insolvency* (Oxford University Press), edited by IAAR Advisory Board member Felicity Toube QC. Toube QC will be a speaker at IAAR's 2011 Cross-Border Asset Tracing and Recovery Conference at the Waldorf Hilton in London, June 12-14.

The classic definition of a sham is to be found in the judgment of Diplock L.J in Snook v London & W Riding Invs Ltd [1967] 2 QB 786 at 802):

US seeks to aid Libyan rebels with seized assets

By: 
IAAR Staff
Date: 
05/05/2011
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The United States announced Thursday that it would try to release some of the more than $30 billion in assets seized from Libya’s leader, Col. Muammar el-Qaddafi, to help Libyans in rebel-controlled areas, as dozens of officials met here to bolster a NATO-led military intervention that to critics appears stalled. New York Times, Thursday, May 5, 2011

Third party funding, using UNCAC to recover assets among topics at OffshoreAlert Conference

By: 
David Quinones
Date: 
04/12/2011
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With a learning track that reflected a growing demand for knowledge on the subject, the 9th Annual OffshoreAlert Conference addressed asset recovery* with a bevy of experts detailing the challenges and victories in the fight to take back wrongly held and criminally derived wealth.

Switzerland is no longer a secrecy haven for stolen funds

By: 
IAAR Staff
Date: 
03/15/2011
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Switzerland became the first country to immediately freeze illicit funds belonging to Ben Ali, Mubarak and Gaddafi. Switzerland's newest law on restitution is the first of its kind in the world. It enables assets that have been illicitly appropriated or embezzled by dictators to be returned to countries that are no longer in a position to use judicial processes to request its return from abroad.

Introducing foreign documents to asset recovery efforts

By: 
Kenneth Barden, JD, CSAR
Date: 
03/10/2011
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In this week's Quick Tip, IAAR contributor and cross-border asset recovery* expert Kenneth Barden details the best methods to introduce and deal with foreign documents in the context of an asset recovery* case.

In an international asset recovery* case, it may often be necessary to introduce documents from foreign jurisdictions.  This can be problematic if not executed correctly, as some jurisdictions refuse to recognize foreign documents unless authenticated or certified in a proper manner.

Getting help from FIUs can move your asset recovery effort forward

By: 
Kenneth Barden, JD, CSAR
Date: 
03/02/2011
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Financial Intelligence Units (FIUs) are specialized agencies within governments that are given the responsibility and authority to collect reports of suspicious financial transactions or activities from various reporting entities, such as financial institutions and certain designated non-financial businesses and professions.  FIUs then analyze these reports and disseminate the resulting intelligence to local competent authorities (typically, law enforcement agencies and prosecutors and foreign FIUs) to combat money laundering and terrorist financing.

JP Morgan Chase, other banks fight Madoff trustee over disclosures

By: 
IAAR Staff
Date: 
03/04/2011
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J.P. Morgan Chase & Co. requested a federal judge stop the trustee unwinding Bernard Madoff's Ponzi scheme from doing away with agreements the bank, and its peers, signed with the trustee to protect confidential information about internal policies and procedures. Wall Street Journal, Thursday, March 3, 2011

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