Corruption

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.

Wynn Resorts Board Concludes Year-Long Investigation of Kazuo Okada after Receiving Freeh Report Detailing Numerous Apparent Violations of U.S. Anti-Corruption Laws

By: 
BUSINESS WIRE
Date: 
02/19/2012
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Wynn Resorts, Limited today announced that its Compliance Committee has concluded a year-long investigation after receiving an independent report detailing numerous apparent violations of the U.S. Foreign Corrupt Practices Act (FCPA) by Aruze USA, Inc., its parent company Universal Entertainment Corporation (jasdaq code:6425) and its principal shareholder, Kazuo Okada. Mr. Okada is a Director of Wynn Resorts, Limited, and of Wynn Macau, Limited, a majority-owned subsidiary of the Company.

Indians Have Stashed Over $500 Bn Abroad

By: 
Press Trust of India (PTI)
Date: 
02/13/2012
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An estimated $500 billion (nearly Rs 24.5 lakh crore) of illegal money of Indians is deposited in tax havens abroad, CBI Director A P Singh disclosed in New Delhi on Monday.

Speaking at the inauguration of first interpol global programme on anti-corruption and asset recoveryi, he also said largest depositors in Swiss Banks are also reported to be Indians.

Con Ed bribe payments, forfeitures, restitution and fines round out 2011 for IRS-CI

By: 
Joseph Foy
Date: 
01/02/2012
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The Con Ed case

The following is a list of the defendants who were part of the schemes and their sentences:

  • Paul Sanabria (27 months jail, $15,000 forfeiture, $102,865 restitution)
  • James Coffin (30 months jail, $214,250 forfeiture, $132,801 restitution)
  • Thomas Fetter (30 months jail, $428,520 forfeiture, $112,709 restitution)
  • Richard Zebler (24 months jail, $50,000 forfeiture, $68,881restitution)
  • Kevin Cook (27 months jail, $80,000 forfeiture, $239,109 restitution)
  • Rocco Fassacesia (27 months jail, $357,320 forfeiture, $339,149 restitution)
  • Richard Giannetto (1 month jail, $5,000 forfeiture, $1,978 restitution)
  • Joseph Lioi (1 month jail, $9,000 forfeiture, $19,582 restitution)
  • Abraham Panagi (21 months jail, $13,000 forfeiture, $54,350 restitution)
  • Brendan Maher (3 years supervised release, $10,000 forfeiture, $70,760 restitution)
  • William Shannon (36 months jail, $250,000 forfeiture, $188,719 restitution)
  • Jack Palazzo (18 months jail, $150,000 forfeiture, $158,445 restitution)
  • Anselmo Saiz (21 months jail, $100,000 fine)
  • Leonard Diroma (1month jail, $7,000 forfeiture, $6,677 restitution)
  • Ewan Chung (2 years supervised release)
  • Nathanial Ham (32 months, ($1,136,034 forfeiture)

IRS Criminal Investigation casework mainly focused on significant legal source tax investigations, with increasing numbers of high-quality, high-impact criminal investigations with international tax administration aspects.  The public may be surprised to know that IRS Special Agents have a significant impact in the area of public corruption.  

'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.

Looking for clues when there are none: Part II – How criminals obscure their identities through nominees and other unwitting abettors

By: 
Don C. Semesky, Jr.
Date: 
11/03/2011
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About the Author

Don Semesky is a member of the IAAR Advisory Board and the former Chief of the Drug Enforcement Administration's Office of Financial Operations in Washington, DC. He will be a featured speaker at the IAAR 3rd Annual Conference on Nov. 17-18, 2011, at the Planet Hollywood Resort in Las Vegas.

The traditional mindset of investigators when it comes to the use of nominees by the subjects of their investigations is connected to the ownership of assets; and that only trusted individuals or companies, that they can exercise some type of dominion and control over, will be used to hold title to their assets.

The big News Corp. asset recovery question: Are foreign corruption charges coming?

By: 
David Quinones
Date: 
07/28/2011

While the News of the World phone hacking investigation is still in its early stages, the possibility of parent company News Corp. being forced to make restitution to victims, families, shareholders and even the UK and US governments through civil and criminal litigation, and the US Foreign Corrupt Practices Act, is very real.

UK Bribery Act, Day 1: Podcast with a key architect of the Act

Author: 
Charles Monteith
Counsel, White & Case
Date: 
07/01/2011

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After months of debate, acrimony and delay the UK Bribery Act was finally put into force today, and while the business system as we know it in London has not collapsed, there is still anxiety in the air. IAAR Editor David Quinones caught up with White & Case's Charles Monteith, former Head of Legal and Operational Assurance at the UK Serious Fraud Office and the only individual to contribute to the drafting of every section of the Act, to discuss the potential impact of the legislation. How will it affect you? What do you need to know?

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):

Poll respondents: UK Bribery Act is important, but we don't know why

By: 
David Quinones
Date: 
04/28/2011
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A recent poll of business professionals by Deloitte Financial Advisory Services LLP found that while 78 percent believe the UK Bribery Act will mean greater enforcement of anti-corruption measures, 73 percent professed they did not know what the provisions of the new law were.

Ready or not, the UK Bribery Act is coming -- into effect, that is, on July 1. And if you're a member of the international business community, you're likely to be among those not ready, according to the findings of a Deloitte Financial Advisory Services LLP poll.

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