denial of safe haven to corrupt officials oas anti corruption meeting march 28 th 2005 stephen baker...

Denial of Safe Haven to Corrupt Officials

OAS Anti Corruption MeetingMarch 28th 2005

Stephen Baker

BakerPlatt

Key is Political Will

Political Will of:

The victim country; Transit countries; The country harbouring assets; and Those countries whose companies have paid bribes.

A Strategy

There must be a strategy

Where has the money gone? How has the money gone? How are we going to get the money back?

Where Has It Gone? How Has It Gone?

Understanding Methods of Corruption

False invoicing; Inflation of contract prices; False consultancy services; Manipulation of privatisation schemes; Direct theft.

Denial of Safe Haven

How to Get it Back

Criminal Recovery? Civil Recovery? Both ? Understand the difference between common law and

civil law systems Keep the material gathered secure and secret

Use of Criminal Investigations

Criminal law system of the victim country; Criminal law systems of those countries harbouring

assets; Prompting investigations by those sheltering assets; Ukraine and California; Evidence gathering.

International Co-operation

Which country should be approached first? The distinction between the United Kingdom and

Switzerland Le dossier Is a Treaty needed? Turning information into evidence Understanding the distinctions between countries’

systems.

Use of Civil Asset Recovery Methods

Where to sue? Who to sue? Which countries are most favourable to these

actions? Benefits of civil law systems Benefits of common law systems Will the overseas government help in civil recovery? Asset recovery agency, London Will it work?

A Cause For Optimism

Just under half a billion dollars returned to Nigeria from Switzerland

Over one hundred and sixty million dollars returned to Nigeria from Jersey, Channel Islands

Why? Political will Switzerland and Jersey. Will others pay money back? Why have others not paid money back?

BakerPlatt

Jersey London

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