Civil lawsuits are often overlooked as a way to recover stolen assets. But this latest StAR report shows how they can provide an effective complement to more commonly-used criminal approaches.
Corruption has a devastating impact on developing and transition countries, with estimates of $20 billion to $40 billion per year stolen by public officials, a figure equivalent to 20 to 40 percent of official development assistance flows.
Countries have increasingly used settlements — any procedure short of a full trial— to conclude foreign bribery, imposing billions in monetary sanctions. But what happens to the money associated with settlements? And what can be done to help those harmed by foreign bribery...
'On the Take: Criminalizing Illicit Enrichment to Fight Corruption' is the first comprehensive survey of illicit enrichment laws and provides a broad analysis of the challenges in both drafting and implementing the criminal offense of illicit enrichment. 'On the Take' provides policy makers, prosecutors, and other practitioners with a better understanding of the features of the illicit enrichment offense. The StAR Initiative unveils this guide to inform decision-makers considering adopting the offense and to assist those implementing illicit enrichments laws to do so in a way that contributes to effective prosecution, confiscation, and recovery of assets.
Combines policy recommendations and good practices aimed at making it harder for corrupt Politically Exposed Persons (PEPs) to launder their money, and make it easier to get stolen assets back.
The first global study of financial disclosure laws and practices calls for a renewed commitment to income and asset disclosure to deter the use of public office for private gain, and to help manage actual and apparent conflicts of interest in the public sector. The study also shows that asset disclosure systems are more effective when there is a credible threat that violations will be detected and punished.
The new StAR and OECD study shows that financial gains from bribery can be accurately calculated and confiscated. The study draws on cases from six countries to show several methods of quantification that are already in use, and challenges the commonly-held perception that calculating the gains made by bribe-paying companies is too complicated.
This new StAR report examines how bribes, embezzled state assets and other criminal proceeds are being hidden via legal structures – shell companies, foundations, trusts and others. The study also provides policy makers with practical recommendations on how to step up ongoing international efforts to uncover flows of criminal funds and prevent criminals from misusing shell companies and other legal entities.
StAR and the OECD have measured the progress of 30 donor countries in meeting their Accra commitments to the combat corruption by individuals or corporations, and to track, freeze, and recover stolen assets. The report describes challenges in meeting the commitments, as well as good practices and recommendations for countries of origin and destination of stolen assets.
Barriers to Asset Recovery, released on June 21, 2011 by the World Bank Group and the United Nations Office on Drugs and Crime’s (UNODC) Stolen Asset Recovery Initiative (StAR), advises policy makers on reforms that will enable the recovery of stolen assets. Drawing on consultations with over 50 practitioners around the globe, the study identifies challenges to asset recovery, and recommends eight strategic actions and best practices for policy makers, legislators and practitioners. It is a powerful tool that will help policy makers design a comprehensive strategy for recovering the proceeds of corruption in their countries.