REPORT SUMMARY
Non-conviction based (NCB) asset forfeiture is a critical tool for recovering the proceeds and instrumentalities of corruption, particularly in cases where the proceeds are transferred abroad. A procedure that provides for the seizure and forfeiture of stolen assets without the need for a criminal conviction, NCB asset forfeiture can be essential when the wrongdoer is dead, has fled the jurisdiction, or is immune from prosecution. This guide is a practical tool to help countries recover stolen assets. Thirty six key concepts are explored through practical experiences, examples from cases, and excerpts from NCB asset forfeiture legislation. Included in the book and companion CD-ROM are tools that can be used by practitioners, such as samples of cases, investigative forms, court pleadings, and pre-seizure planning guidelines.
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Part A. Understanding the Problem and the International Response
This part defines the problem, and the global consensus on the need for concerted action. It introduces Non-Conviction Based Forfeiture as a tool for asset recovery, discussing both the historical perspective and the appropriate laws to introduce forfeiture.
Part B. Key Concepts in Non-Conviction Based Asset Forfeiture
This part describes relation between Non-conviction based asset forfeiture and criminal proceedings and prosecution. It defines the assets and offenses subject to NCB asset forfeiture and measures for investigation and preservation of assets. It presents procedural and evidentiary concepts; discusses parties to proceedings and notice requirements and judgment proceedings. It addresses organizational considerations and asset management, and international cooperation on asset recovery.
Part C. Country Case Studies
This part consists of case studies of good practices in Non-conviction Based Forfeiture. It includes examples of obtaining Mutual Legal Assistance; foreign NCB asset restraining orders; targeting the proceeds of crime; asset management measures; and administrative procedures. It includes cases from Switzerland, the UK, Guernsey, Jersey, Isle of Man, Hong Kong, Ireland, Kuwait, Thailand, and Colombia.
- Chapters
- Part A.
Understanding the Problem and the International Response - Part B.
Key Concepts in Non-Conviction Based Asset Forfeiture- Prime Imperatives
- Defining Assets and Offenses Subject to NCB Asset Forfeiture
- Measures for Investigation and Preservation of Assets
- Procedural and Evidentiary Concepts
- Parties to Proceedings and Notice Requirements
- Judgement Proceedings
- Organizational Considerations and Asset Management
- International Cooperation and Asset Recovery
- Part C.
Special Contributions
