Cover image for Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets.
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets.
Title:
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets.
Author:
Brun, Jean-Pierre.
ISBN:
9781464803734
Personal Author:
Physical Description:
1 online resource (158 pages)
Contents:
Cover -- Contents -- Preface -- Acknowledgments -- Introduction -- Objective -- Context: Civil Remedies as One of Several Avenues to Asset Recovery -- Scope of the Book -- Audience -- Overview of Chapters -- 1. Civil Asset Recovery Litigation: Who May Sue and Be Sued-States as Plaintiffs and Possible Defendants -- A. States as Plaintiffs in Corruption Cases -- B. Defendants: Who Can Be Sued? -- 2. Hiring an Attorney: Steps, Considerations, and Fee Arrangements -- A. Identifying a Suitable Attorney -- B. Structuring a Fee Arrangement -- C. Litigation and Asset Recovery Funds -- D. Assistance from International Organizations -- 3. Choice of Forum: Where to Sue? -- A. Where Are the Assets, and Where Do the Defendants Have Contacts? -- B. Further Considerations -- 4. Types of Actions -- A. Proprietary Actions-State Asserts Claim to a Particular Asset -- B. Personal Claims-Claim against a Person -- 5. Civil Provisional Measures and Investigative Tools: How to Investigate and Freeze Assets -- A. Investigative Measures in Civil Asset Recovery Cases -- B. Securing the Assets: Provisional Measures in Civil Proceedings -- 6. Legal Tools for International Cooperation: How to Obtain the Supporting Evidence -- A. International Conventions Promoting International Cooperation -- B. Regional Instruments to Facilitate Mutual Legal Assistance -- C. Factors to Consider When Collecting Evidence in Foreign Jurisdictions -- 7. Damages and Compensation: How Much to Sue For? -- A. Methods Used to Quantify Compensation, Restitution, or Illicit Proceeds -- B. Beyond the Present-Emerging Theories -- 8. Enforcement and Collection of Judgments -- A. The Recognition and Enforcement of Civil Judgments in an International Context -- B. The Challenges of Collecting Civil Judgments -- 9. Using Insolvency, Receivership, or Similar Proceedings to Trace or Recover Assets.

A. Purpose of Insolvency or Similar Proceedings -- B. Using Insolvency Proceedings in Asset Recovery Cases -- 10. Conclusion -- Appendix A. Glossary -- Appendix B. Case Studies -- 1. Case of Mr. Diepreye Solomon Peter Alamieyeseigha (United Kingdom) -- 2. Zambian Government v. the former Zambian President, Frederick Chiluba (United Kingdom) -- 3. Kartika Ratna Thahir v. Pertamina (Singapore) -- 4. Federal Republic of Nigeria v. Joshua Dariye & Another (United Kingdom) -- 5. JSC BTA Bank v. Ablyazov & Others (United Kingdom) -- 6. Attorney General of Turks and Caicos Islands v. Star Platinum Island Ltd. et al. -- Appendix C. Table of Cases Mentioned -- 1. Core of text -- 2. Cases mentioned in footnotes -- Appendix D. Resources -- 1. Website Resources -- 2. Publications and Studies -- Boxes -- 1.1 States Are Legal Persons Entitled to Bring Claims: The Ferdinand Marcos Case (United States) -- 1.2 Standing in Courts of Foreign States: The Republic of Iraq v. ABB AG et al. (United States) -- 1.3 Nigeria's Successful Civil Suit in U.K. Courts: The Case of Diepreye Solomon Peter Alamieyeseigha (United Kingdom) -- 1.4 A Proprietary Claim by the Federal Republic of Brazil and the Municipality of São Paulo: Maluf Case in Jersey (Isle of Jersey) -- 1.5 A State-Owned Entity Obtains Bribe Money Held in a Foreign Bank Account through a Civil Claim in a Foreign Court: Kartika Ratna Thahir v. Pertamina (Singapore) -- 1.6 State as Civil Party: Tunisia Granted Status as Partie Civile in Switzerland and Other Countries in Criminal Cases Involving Stolen Assets -- 1.7 Claims under Property Law to Compensate Victims of Corruption: An Example from Bosnia and Herzegovina -- 1.8 An Example of the Principal/Agent Relationship: Continental Management v. United States (United States).

1.9 Liability of Law Firms Used to Allegedly Conceal Monies: Attorney General of Zambia v. Meer Care & Desai (a firm) & Ors. (United Kingdom) -- 2.1 Qualities of a Successful Asset Recovery Attorney -- 2.2 Identifying a Suitable Attorney -- 2.3 Considerations in Structuring a Fee Arrangement -- 2.4 Overview of Types of Fee Arrangements -- 3.1 Case with Assets Located in the United Kingdom and Rejection of the Argument That the Home Country of the Official Is More Appropriate: Federal Republic of Nigeria v. Joshua Dariye & Another (United Kingdom) -- 3.2 Successful Civil Suits in the U.K. Where the Money Was Located and Laundered: The Case of Frederick Chiluba (Zambia) -- 3.3 A Win by Default against One Defendant and a Loss for Lack of Personal Jurisdiction against Another in the U.S. Courts: Ukrvaktsina (Ukrainian State-owned entity) v. Olden Group, LLC and Interfarm, LLC -- 3.4 Winning a Substantial Amount through Settlement in the United States: Alba v. Alcoa Company (United States) -- 3.5 Court Applies Less-Favorable Foreign Law: Fiona Trust v. Dmitri Skarga and Others (United Kingdom) -- 4.1 State Recovers Property Bought with State Funds: State of Libya v. Capitana Seas Ltd. (United Kingdom) -- 4.2 State Recovers Real Estate and Bank Accounts: More on the Case of Nigeria v. Santolina Investment Corporation, Diepreye Alamieyeseigha & Others (United Kingdom) -- 4.3 Using "Constructive Trust" to Recover Bribes Paid to a Corrupt Official: AG of Hong Kong v. Reid (Hong Kong SAR, China) -- 4.4 Successful Proprietary Claim to Recover Bribes: More on Kartika Ratna Thahir v. Pertamina (Singapore) -- 4.5 Discussion on the Reasoning of Hong Kong v. Reid: Sinclair Investments v. Versailles -- 4.6 Claiming Back Funds in Quebec: Saroglou v. Canada.

4.7 Public Contract Void Based on Breach of International Public Policy: World Duty Free Company Limited v. The Republic of Kenya (2006) (ICSID) -- 4.8 Successful Claim to Void a Public Contract: Attorney General of Turks and Caicos Islands v. Star Platinum Island Ltd. et al. -- 4.9 Disgorgement of Profits for Breach of Contract: Attorney General v. Blake (United Kingdom) -- 4.10 Breach of Contract and Disgorgement of Profits under Swiss Law -- 4.11 Misappropriation as a Tort: Another Chiluba Case, the Zamtrop Conspiracy Case (United Kingdom) -- 4.12 Tortious Interference with Economic Advantage: Korea Supply Co. v. Lockheed Martin Corp. (United States) -- 4.13 More on Alamieyeseigha: Nigeria v. Santolina Investment Corp. & Ors. (United Kingdom and Nigeria) -- 4.14 State as Civil Party: Nigeria Awarded Damages as Partie Civile to Criminal Money Laundering Case against Nigerian Official (France) -- 4.15 Illustration of Some Options of a State Party to Proceedings before Criminal and Civil Courts in a Foreign Jurisdiction -- 5.1 Norwich Pharmacal Orders: Norwich Pharmacal Company and Others v. Customs and Excise Commissioners (United Kingdom) -- 5.2 Searches to Gather Evidence in Civil Lawsuits: Anton Piller Case (England) -- 5.3 The Ao Man Long Case (Macao SAR, China, and Hong Kong SAR, China) -- 5.4 A Defendant Fails to Disclose Assets: JSC BTA Bank v. Ablyazov & Others (United Kingdom) -- 5.5 An Example of a Third Party Disclosure Order: More on the Case of Nigeria v. Santolina Investment Corp., Diepreye Alamieyeseigha & Others (United Kingdom) -- 5.6 Mareva Injunctions and Worldwide Freezing Order -- 6.1 Using the Hague Conventions to Request Banking Documentation -- 6.2 Blocking Statutes: The Example of France -- 6.3 Personal Data Protection Laws within the European Union -- 6.4 Disclosure Obligations in Luxembourg and Switzerland.

7.1 Compensation for Loss from Entering Contracts under Unfavorable Terms: Fyffes Group Ltd. v. Templeman (United Kingdom) -- 7.2 Reputational and Moral Damages Caused by Corruption: Case of the City of Cannes against Ex-Mayor and Bribers -- 7.3 Recovery of the Total Amount of the Corrupt Contract: S. T. Grand Inc. v. City of New York (United States) -- 7.4 Restitution of the Sums Paid to the Contractor Minus the Value of Services Provided: Cameroon Airlines v. Transnet Ltd. -- 7.5 Example of the Net Revenue Method -- 7.6 Punitive Damages: County of San Bernardino et al. v. Kenneth Walsh et al. (United States) -- 7.7 The Notion of Social Damages to Obtain Full Compensation: The Example of Costa Rica -- 8.1 Enforcing a Worldwide Freezing Order Issued by a Foreign Court: A Decision of the Swiss Federal Supreme Court -- 8.2 More on the Case of Chiluba: Attorney General of Zambia v. Meer Care and Desai & Ors (United Kingdom) -- 8.3 Difficulty of Enforcement in Nigeria Supports U.K. Court's Decision to Keep Case in the United Kingdom: More on Federal Republic of Nigeria v. Joshua Dariye & Another (United Kingdom) -- 8.4 Kuwaiti Investment Organization/Sheikh Fahad Mohammed al-Sabah (United Kingdom) -- 8.5 Overview of the Execution Procedures in the United States, the United Kingdom, France, and Germany -- 8.6 A State Enters into a Contract with a Collection Company: A Cautionary Tale of Significant Fees Claimed by a Collection Company Working on Behalf of the Plaintiff State -- 9.1 How a Receiver Can Facilitate Asset Recovery: The Example of Tunisia -- 9.2 Use of a Receiver to Preserve Assets: More on JSC BTA Bank v. Ablyazov (United Kingdom) -- Figures -- 1.1 Corruption Harms Everybody -- 1.2 Who Can the Principal Sue in Bribery Cases? -- 2.1 Selecting an Attorney-The Caution Flags -- 2.2 Selecting an Attorney-The Green Lights.

2.3 For-Profit Litigation Funding for States in Asset Recovery Cases.
Abstract:
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.
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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