According to Professor Guillermo Jorge, two sets of Montesinos-related funds were involved in the Cayman Islands: (1) Assets restrained in rem with assistance of newly created Financial Intelligence Unit; Waivers signed by account holders, pursuant to their plea bargaining agreements with Peruvian authorities. [Cayman did not have provisions for adopting provisional measures. Order of restraint could only be made where shown there were already proceedings instituted. But the Peruvian request for lifting bank secrecy and freezing assets transformed ex officio into a criminal complaint for money laundering, thereby eliminating the need to wait for an in personam judgment from Peru.] (2) Criminal complaint filed in Cayman against Wiese Sudameris International for suspicion of money laundering and freezing order in rem; financial analysis showed funds were never transferred to Cayman, but stayed in Peru; confiscation orders against funds located in Lima resulted in "repatriation" of $33 milion. (Source: Professor Guillermo Jorge, "The Peruvian efforts to recover the proceeds from Montesinos' criminal network of corruption," presented at Asian Development Bank Regional Seminar, Bali/Indonesia, September 5-7, 2007).
According to a case study by Professor Guillermo Jorge, as of September 2007, Mr. Montesinos had been convicted in 13 different trials and more than 70 trials were ongoing. (Source: Guillermo Jorge, "The Peruvian Efforts to Recover Proceeds from Montesinos's Criminal Network of Corruption," in ADB/OECD Anti-Corruption Initiative for Asia and the Pacific, Asset Recovery and Mutual Legal Assistance in Asia and the Pacific, Proceedings of the 6th Regional Seminar on Making International Anti-Corruption Standards Operational Held in Bali, Indonesia, on 5-7 September 2007 and hosted by the Corruption Eradication Commission, Indonesia, accessed at http://www.adb.org/Documents/Books/Asset-Recovery/Asset-Recovery.pdf.)
StAR Case study at http://www1.worldbank.org/publicsector/star_site/documents/Case_Studies_... Professor Guillermo Jorge, "The Peruvian efforts to recover proceeds from Montesinos' criminal network of corruption," Backgrounder paper presented at the Asian Development Bank's Regional Seminar for Asia-Pacific, "Making international anti-corruption standards operational: Asset Recovery and mutual legal assistance," September 5-7, 2007 (Bali, Indonesia), at 1 and 23 and fn 56, accessed at http://www.adb.org/Documents/Books/Asset-Recovery/Asset-Recovery.pdf.; Cayman Islands Government webpage on Enforcement of Judgments in Practice," posted at http://www.gov.ky/portal/page?_pageid=1142,1687439&_dad=portal&_schema=P...) and a speech by Hon. Anthony Smellie, Chief Justice and Mututal Legal Assistance Authority, The Royal Cayman Islands, "FORFEITING THE PROCEEDS OF CORRUPTION," A Seminar on Asset Forfeiture and Money Laundering for Member States of the Organization of American States, May 2-5, 2006 in Miami, Florida.