Transcript Folie 1

Recovering the Proceeds of International Corruption
and Fraud – a New Perspective
Date: 26 Nov 2009
Speaker: Alan Bacarese,
International Centre for Asset Recovery
Recovering the Proceeds of International
Corruption and Fraud – a New Perspective
Institute of International and European Affairs, Dublin Ireland
26 November 2009
Alan Bacarese, International Centre for Asset Recovery
Basel Institute on Governance | International Center for Asset Recovery | Peter Merian-Weg 8 | 4002 Basel | Switzerland
Phone +41 (0)61 267 05 00 | www.baselgovernnace.org/icar | [email protected]
International Centre for Asset Recovery (ICAR)
 Under the auspices of the Basel Instsitute on Governance
 Founded in 2006, with seed funding from Switzerland, Liechtenstein
and UK
 Mission: Provide assistance to developing and developed countries
alike in improving their capacity to trace, confiscate and repatriate
assets stolen through corruption and related crimes:
 Capacity development in asset recovery and MLA
 Case assistance
 Policy dialogue and research
 Knowledge dissemination www.assetrecovery.org
 Practical tools (e.g. IT case management systems)
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ICAR – Programme of Work
 Long-term commitment to capacity development programmes and
case assistance in Bangladesh, Brazil, East Africa (regional),
Indonesia, Madagascar, South-East Asia (regional), Tanzania,
Bangladesh etc.
 Contribution to international policy dialogue (Lausanne IV, asset
recovery publications, active contribution to UNODC and StAR policy
processes, etc.)
 Continuous development of www.assetrecovery.org, e-learning and
case management tools
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What are the main European Instruments?
 Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds of Crime (1990 - revised 2005),
 the Council of Europe Criminal Law Convention on Corruption (1999)
 Framework Decision on Confiscation of Crime-Related Proceeds,
Instrumentalities and Property (2001)
 Framework Decision on the execution in the European Union of
orders freezing property or evidence (2003)
 Framework Decision on the application of the principle of mutual
recognition to confiscation orders (2006)
What are the main European Instruments?
 Framework Decision concerning cooperation between Asset
Recovery Offices of the Member States in the field of tracing
and identification of proceeds from, or other property related
to, crime (2007/845/JHA)
 Creation of National Asset Recovery Offices in Europe
 A blueprint for success? Or just a first modest step?
 Advantages/Disadvantages
 A new international model?
What are the main International Instruments?
 Conventions and Agreements
 UNCAC
 OECD Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions
 UNTOC
 FATF 40+9 Recommendations on Anti-Money Laundering and
Combating the Financing of Terrorism
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UN Convention against Corruption
 Global anti-corruption treaty built upon International
consensus
 Responding to corruption as a „... trans-national
phenomenon that affects all societies and economies, making
international cooperation to prevent and control it essential“
(Preamble)
 Prevention and criminalisation of corruption
 International cooperation and asset recovery
UNCAC Convention – What Next?
 Third Conference of States Parties – Doha November 2009
 Intergovernmental Working Groups on Technical Assistance,
Monitoring of UNCAC and Asset Recovery
 Collaboration with Interpol on the new Anti-Corruption
Academy
 Has the politics of UNCAC failed asset recovery?
Who are the main actors?
 Multilateral
Conference of States Parties of UNCAC and Working Group on
Asset Recovery
WB/UNODC: Stolen Asset Recovery Initiative (StAR)
ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
G8
 Non-State actors
Interpol
International Centre for Asset Recovery
So what does all this mean in Practice?
 What are the main impediments?
 Where are the main impediments?
 What is being done to overcome them?
The UK Experience
The Nigerian State Governors Cases
Chief Joshua Chibi DARIYE
Nigerian State Governor Plateau State
1999 - 2007
Assets held in UK in name Joshua DARIYE
None
The DARIYE children attended
Dean Close school in UK
School Fees paid by
Joyce OYEBANJO
Financial examination of
Joyce OYEBANJO
Employed as Housing Officer in UK
1) 15 Bank accounts – £1.5m
2) Property – 3 properties £2m
3) Other – Substantial Cash
28 Regent Park Plaza, London W1
Managed by
Joyce OYEBANJO
Owned in name
Joseph DAGWAN
Paid for by
Plateau State Ecological fund through various companies
Ecological payment distribution
PLSG
38%
Dariye
30%
Bank
Comm
1% PDP
7%
Union
6%
Pinnacle
18%
Conclusion: The Challenges
 Lack of an appropriate legal framework – do the EU and International norms
demand enough change?
 Overcoming jurisdictional issues – enhanced role for Eurojust and Interpol (very
little in EU legislation on organisational roles)
 Increase Capacity/Expertise – also institutionalise the knowledge
 Increasing vigilance in Financial Centres
 Sharing and facilitating an improved exchange of information between countries
 Changing the mindset of law enforcement – use of civil as well as criminal powers
Contact Information
Alan Bacarese
Head of Legal and Case Consultancy
Basel Institute on Governance
International Centre for Asset Recovery
[email protected]
www.assetrecovery.org
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Upcoming Events
Illegal Content on the Internet
Date: 15 Dec 2009, 12.45 at IIEA
Speaker: Suzette Bronkhorst, Secretary-General of the
International Network Against CyberHate (INACH).