Developing countries lose an estimated US$20-40 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.
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