Action taken by UN conference to support asset recovery cases

Published on 18th Sep 2015

The ability to recover assets relating to bribery and
corruption can vary greatly depending on where in the world the offence takes
place and where any assets are located. 
A UN conference has produced a useful digest of global corruption cases
and at the same time highlighted the role that the international community has
to play in supporting the recovery of assets through civil litigation.

The Open-ended Intergovernmental Working Group on Asset
Recovery(Working Group) was established by the Conference of the States
Parties to the United Nations Convention against Corruption (part of the United
Nations Office on Drugs and Crime, “UNODC”).  On 3 and 4 September 2015 the Working Group held
its ninth inter-sessional meeting in Vienna.

In connection with this meeting, UNODC has published a
Digest of Asset Recovery Cases (Digest),
which may be downloaded here.
This Digest draws on a variety of sources, including UN member state and World
Bank research, and presents a useful summary of key on-going international
cases, as well as those from past decades. These cases are organised according
to type, including bribery of public officials/organisations, corruption
offences in the private sector and embezzlement/diversion of property. This
latter section highlights various means by which national assets can be
misappropriated and the actions that governments can bring in order to trace
and recover those assets.

Having set out a number of factual case-studies, the Digest
goes on to consider the mechanisms and procedures of asset recovery (for both
the practitioner and policymaker), including methods of concealment, initiation
of a case and the eventual return of assets.

Civil recovery

Aside from the Digest, the Working Group also discussed
asset recovery through civil litigation (as described by article 53 of the UN
Convention Against Corruption.  The
Working Group recognised that while much work has been done by UNODC and the
World Bank on the recovery of assets through international cooperation and
criminal action, more emphasis was needed on recovery through civil litigation.

The focus on civil litigation and the publication of the
Digest will be welcomed by practitioners and those looking to recover assets,
particularly where some of the more difficult jurisdictions are involved.

The next full UNDOC session takes place in St Petersburg on
2 to 6 November 2015.  Materials relating
to that session, including a progress
report
on the Working Group, are available here.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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