Cover image for Asset Recovery Handbook : A Guide for Practitioners.
Asset Recovery Handbook : A Guide for Practitioners.
Title:
Asset Recovery Handbook : A Guide for Practitioners.
Author:
Brun, Jean-Pierre.
ISBN:
9780821386354
Personal Author:
Physical Description:
1 online resource (288 pages)
Contents:
Cover -- Half Title Page -- Title Page -- Copyright -- Contents -- Preface -- Acknowledgments -- Acronyms and Abbreviations -- Introduction -- Methodology -- How the Handbook Can Be Used -- 1. Overview of the Asset Recovery Process and Avenues for Recovering Assets -- 1.1 General Process for Asset Recovery -- 1.2 Legal Avenues for Achieving Asset Recovery -- 1.3 Use of Asset Recovery Avenues in Practice: Three Case Examples -- 2. Strategic Considerations for Developing and Managing a Case -- 2.1 Gathering Facts: Initial Sources of Information -- 2.2 Assembling a Team or Unit, Task Forces, and Joint Investigations with Foreign Authorities -- 2.3 Establishing Contact with Foreign Counterparts and Assessing Ability to Obtain International Cooperation -- 2.4 Securing Support and Adequate Resources -- 2.5 Assessing Legislation and Considering Legal Reforms -- 2.6 Addressing Legal Issues and Obstacles -- 2.7 Identifying All Liable Parties -- 2.8 Specific Considerations in Criminal Cases -- 2.9 Implementing a Case Management System -- 3. Securing Evidence and Tracing Assets -- 3.1 Introducing a Plan and Important Considerations -- 3.2 Creating a Subject Profile -- 3.3 Obtaining Financial Data and Other Evidence -- 3.4 Identifying Relevant Data: Examples from Commonly Sourced Documents -- 3.5 Organizing Data: Creating a Financial Profile -- 3.6 Analyzing Data: Comparing the Flows with the Financial Profile -- 3.7 Garnering International Cooperation -- 4. Securing the Assets -- 4.1 Terminology: Seizure and Restraint -- 4.2 Provisional Order Requirements -- 4.3 Pre-restraint or Pre-seizure Planning -- 4.4 Timing of Provisional Measures -- 4.5 Exceptions to Restraint Orders for Payment of Expenses -- 4.6 Ancillary Orders -- 4.7 Third-Party Interests -- 4.8 Alternatives to Provisional Measures -- 5. Managing Assets Subject to Confiscation.

5.1 Key Players in Asset Management -- 5.2 Powers of the Asset Manager -- 5.3 Recording Inventory and Reporting -- 5.4 Common Types of Assets and Associated Problems -- 5.5 Ongoing Management Issues -- 5.6 Consultations -- 5.7 Liquidation (Sale) of Assets -- 5.8 Fees Payable to Asset Managers -- 5.9 Funding Asset Management -- 6. Mechanisms for Confiscation -- 6.1 Confiscation Systems -- 6.2 How Confiscation Works -- 6.3 Confiscation Enhancements -- 6.4 Third-Party Interests -- 6.5 Confiscation of Assets Located in Foreign Jurisdictions -- 6.6 Recovery through Confiscation for the Victims of Crime -- 6.7 Disposal of Confiscated Assets -- 7. International Cooperation in Asset Recovery -- 7.1 Key Principles -- 7.2 Comparative Overview of Informal Assistance and MLA Requests -- 7.3 Informal Assistance -- 7.4 MLA Requests -- 7.5 Cooperation in Cases of Confiscation without a Conviction -- 7.6 Cooperation in Civil Recovery (Private Law) Cases -- 7.7 Asset Return -- 8. Civil Proceedings -- 8.1 Potential Claims and Remedies -- 8.2 Bringing a Civil Action to Recover Assets -- 8.3 Final Dispositions -- 8.4 Formal Insolvency Processes -- 9. Domestic Confiscation Proceedings Undertaken in Foreign Jurisdictions -- 9.1 Jurisdiction -- 9.2 Procedure for Beginning an Action -- 9.3 Role of the Jurisdiction Harmed by Corruption Offenses in Foreign Investigation and Prosecution -- 9.4 Ensuring Recovery of Assets from the Foreign Jurisdiction -- Appendix A. Offenses to Consider in Criminal Prosecution -- Appendix B. Explanation of Selected Corporate Vehicles and Business Terms -- Appendix C. Sample Financial Intelligence Unit Report -- Appendix D. Planning the Execution of a Search and Seizure Warrant -- Appendix E. Sample Document Production Order for Financial Institutions -- Appendix F. Serial and Cover Payment Methods in Electronic Funds Transfers.

Appendix G. Sample Financial Profile Form -- Appendix H. Possible Discussion Points with Contacts-Informal Assistance Stage -- Appendix I. Mutual Legal Assistance Template and Drafting Tips -- Appendix J. Web Site Resources -- Glossary -- Index.
Abstract:
Developing countries lose an estimated US20-40 billion 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 have demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options?whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced of practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed the Asset Recovery Handbook: A Guide for Practitioners to guide those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. Included are examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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