Europe

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.

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.

Apartheid asset recovery challenge illustrates retaliation is the norm for corruption-fighters in South Africa

By: 
David Quinones
Date: 
07/18/2011

What does a declassified British security service's report have to do with the South African government's utter lack of political will to pursue corruption proceeds? Many onlookers are saying it is indicative of an endemic problem experienced by those who try to recover assets on behalf of the country. Meanwhile, billions of dollars in potential restitution hang in the balance.

Investigating corruption? Get ready to be investigated yourself.

Pending EU asset preservation order is a potent weapon that almost wasn't

By: 
David Quinones
Date: 
07/13/2011
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After surviving an early attempt to blunt the legislation, the soon-to-be-released European Order for the Preservation of Assets and its sister law, the European Order for the Disclosure of Assets, could be effective in the cross-border fight to take back assets, if they are enacted.

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?

NOAA forfeiture funds scandal goes political as US Senators battle over bills

By: 
IAAR Staff
Date: 
07/01/2011
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A pair of US politicians are battling over the recent NOAA forfeiture funds scandal, and the agency's access to these funds hangs in the balance. Senator Scott Brown's "Asset Forfeiture* Responsibility Act of 2011" seeks to remove regulation and forfeiture authority from the embattled agency, while Senator John Kerry's  "Fisheries Fee Fairness Act of 2011" proposes to deal with the specific harms done by federal fisheries law enforcement.

IAAR's 2011 Cross-Border Conference in London lays solid groundwork for future UK efforts

By: 
David Quinones
Date: 
06/22/2011
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The International Association for Asset Recovery’s inaugural foray into the United Kingdom – a crucial battleground in the struggle to track and recover fraud assets – was well received by the 80 attendees of the 2011 Cross-Border Asset Tracing and Recovery Conference.

When it was founded in 2008, the International Association for Asset Recovery* immediately flagged London as a critical theater for its efforts, and the first round of those efforts culminated last week in IAAR’S 2011 Cross-Border Asset Tracing and Recovery Conference.
 

HSBC seeks dismissal of Madoff trustee's lawsuit

By: 
IAAR Staff
Date: 
06/24/2011
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HSBC asked a judge to dismiss a $9 billion lawsuit by the trustee liquidating Bernard Madoff’s firm, saying he isn’t allowed by law to bring such cases on behalf of the confidence man’s former customers. Irving Picard, the trustee, sued HSBC and a dozen so-called feeder funds for $9 billion in December, accusing them of aiding Madoff’s fraud. Bloomberg, Friday, June 24, 2011

Stanford investors seek $10.7 billion from former auditor

By: 
IAAR Staff
Date: 
05/27/2011
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Investors in Texas financier Allen Stanford's alleged Ponzi companies have sued BDO USA LLP and it's parent for $10.7 billion, claiming the auditors ignored potential red flags and concealed information from its own audit team. Reuters, Friday, May 27, 2011

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