Denial of Safe Haven to Corrupt Officials OAS

Denial of Safe Haven to Corrupt Officials OAS Anti Corruption Meeting March 28 th 2005 Stephen Baker. Platt

Key is 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 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 Jersey. § Will others pay money back? § Why have others not paid money back?

Baker. Platt Jersey Tel. 01534 613775 Fax. 01534 737355 www. bakerplatt. com London Tel. 0207 430 1530 Fax. 0207 242 8898