Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets
Author(s)
Sotiropoulou, AnastasiaSylvester, Katherine Rose
Mekki, Yannis
Brun, Jean Pierre
Dubois, Pascale Helene
Uttamchandani, Mahesh
Jaïs, Sarah
van der Does de Willebois, Emile
Hauch, Jeanne
Keywords
CRIMINAL LIABILITYCONFLICT OF INTEREST
FRAUD
LEGAL SYSTEMS
INTERNATIONAL LAW
FOREIGN BANK ACCOUNT
CRIMINAL PROSECUTIONS
ORGANIZED CRIME
CODES
LEGAL ACTION
COMPENSATION
COMMON LAW
PROCUREMENT PROCEDURES
CONFIDENCE
FOREIGN COURT
GOOD FAITH
LEGAL ENTITIES
PRIVATE INVESTMENT
AGENCY PROBLEM
TRIAL
POLITICIAN
PUBLIC OFFICIALS
SCANDALS
HUMAN RIGHTS
CORRUPT ACTIONS
INVESTIGATION
FINES
BRIBE PAYERS
SETTLEMENT
COMMON LAW JURISDICTIONS
CRIMES
DEPOSIT
JUDGMENTS
ANTICORRUPTION LEGISLATION
BANKS
CRIMINAL PENALTIES
ECONOMIC DEVELOPMENT
LOCAL LAWS
CRIME
CIVIL LITIGATION
VICTIMS
CIVIL SOCIETY ORGANIZATIONS
LEGAL PROCEEDINGS
REMEDIES
PREFERENTIAL
RECEIVERSHIP
INITIATIVE
LEGAL PROCESS
LAWYERS
CRIMINAL ACTS
FRAUDULENT BEHAVIOR
BUSINESSMAN
CORRUPT
LAWS
DISCLOSURE OBLIGATIONS
HOME
RECEIVER
INTERNATIONAL TREATIES
STEALING
PRISON
RACKETEERING
OFFENSE
ANTICORRUPTION
UNJUST ENRICHMENT
TRANSPARENCY
ECONOMIC CRIMES
BRIBES
MUTUAL LEGAL ASSISTANCE
ABUSES
ASSETS
CRIMINAL PUNISHMENTS
THEFTS
PENALTIES
COURT PROCEEDINGS
FIGHT AGAINST CORRUPTION
SPECIFIC ASSET
TRANSFER OF ASSETS
FRAUDULENT ACTIVITY
INVESTMENT CLIMATE
EQUITABLE REMEDY
ANTI-BRIBERY
PARTICULAR ASSET
PERSONAL GAIN
BRIBERY
JUDICIAL ACTION
LITIGATION
MINISTERS
IMPRISONMENT
CONCEALMENT OF ASSETS
INSOLVENCY PROCEEDINGS
CHAPTER 7
COMMON LAW SYSTEMS
BREACH OF CONTRACT
TITLE
ANTIBRIBERY
JUDGES
FOREIGN COURTS
FRAUDULENT ACTIVITIES
PROPERTY LAW
PROSECUTIONS
ECONOMIC AND FINANCIAL CRIMES COMMISSION
AUTHORITY
NEGLIGENCE
FINANCIAL INSTITUTION
CORRUPT PRACTICES
RESTITUTION OF ASSETS
LIABILITY
LEGAL ADVICE
CIVIL LAW
COPYRIGHT
GRAND CORRUPTION
CRIMINOLOGY
CRIMINAL CODES
CRIMINAL ACTION
COMPENSATION OF DAMAGES
MULTINATIONAL
WIFE
PROPRIETARY CLAIM
PROSECUTOR
MARKET VALUE
LEGAL PERSON
CONTRACTUAL TERMS
CASE LAW
JUDGMENT
LOSS OF VALUE
ESTATE AGENTS
INVESTIGATING MAGISTRATE
CIVIL SOCIETY
POLICE
OFFENSES
FORGERY
OFFENDER
CLAIMANT
MONETARY SANCTIONS
COLLATERAL
LEGAL PERSONS
ANTICORRUPTION AGENCIES
INSOLVENCY
PUBLIC OFFICIAL
PUBLIC FUNDS
KICKBACKS
REMEDY
EUROPEAN UNION
LEGAL ACTIONS
CRIMINAL LAW
PARTICULAR ASSETS
COMPARATIVE LAW
CONFISCATION ORDER
FOREIGN LAW
VIOLATIONS
CONCESSIONS
COURT DECISION
FINANCIAL ASSETS
CORRUPT OFFICIAL
ESTATE
LEGAL FEES
PRIVATE LAWYERS
CRIMINAL INVESTIGATIONS
LEGAL SERVICES
PRIVATE GAIN
FINANCIAL SERVICES
ACT OF CORRUPTION
LAWYER
COMPLAINTS
PUNISHMENT
INVESTIGATIONS
CIVIL LAW JURISDICTIONS
LEGAL FRAMEWORK
ANTICORRUPTION COMMISSIONS
BRIBE
JURISDICTIONS
FOREIGN CORRUPT PRACTICES
FOREIGN CORRUPT PRACTICES ACT
COURT OF JUSTICE
PENALTY
FORFEITURE
TRUSTEES
JURISDICTION
DIFFERENT LEGAL SYSTEMS
BEST PRACTICES
INTERNATIONAL INSTRUMENTS
MONEY LAUNDERING
INSURANCE
MISAPPROPRIATION
ANTIBRIBERY LAWS
PROCUREMENT
LAW FIRM
CORRUPTION
LEGAL THEORIES
CRONIES
JUDICIAL AUTHORITIES
RULINGS
LEGAL THEORY
ADMINISTRATIVE LAW
CIVIL PROCEDURES
LEGAL RIGHTS
PRIVATE PARTIES
JUDGE
INTEGRITY
CONCESSION
EMBEZZLEMENT
ABUSE
LEGAL REMEDIES
CORRUPT ACTS
REPATRIATION
FINANCIAL MARKET
ECONOMIC CRIME
PROSECUTORS
EU
JUSTICE
CRIMINAL PROCEDURES
CRIMINAL PROCEDURE
CRIMINAL INVESTIGATION
BRIBE PAYER
LEGAL STATUS
CLAIMANTS
NATIONAL LEGISLATION
COURT OF APPEALS
CIVIL LIABILITY
TRUSTEE
CONFISCATION ORDERS
WILL
PREFERENTIAL TREATMENT
ANTI-CORRUPTION
CLAIM
CLAIM FOR DAMAGES
CORRUPT OFFICIALS
PROSECUTION
SPECIFIC ASSETS
LAW FIRMS
CRIMINAL
BRIBERY CASES
CRIME CONTROL
COMMON LAW COUNTRIES
FINANCIAL CRIMES
INVESTIGATORS
FOREIGN BANK
INJUNCTIONS
DOMESTIC LAW
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http://hdl.handle.net/10986/20456Abstract
Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a "victimless crime." This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC, the global standard for the fight against corruption, does not contain a legal definition of corruption itself but lists an array of offences, including public and private sector bribery and the embezzlement of public and private sector funds. The study will mainly focus on these two types of corruption, namely bribery and embezzlement of funds. This study is not intended in any way to minimize the importance of criminal proceedings and confiscation in addressing acts of corruption. Rather, it will show that civil law remedies can effectively complement criminal penalties by attacking the economic base of corrupt activities both in the public and the private sectors. In fact, given the magnitude of the challenges, all avenues of asset recovery, be they criminal or civil, should be explored simultaneously in order to tackle corruption from each and every angle and achieve the goals of deterrence and enforcement. Hence, while criminal law expresses society's disapproval of the corrupt acts and aims at dissuasion, punishment, and confiscation of illicit proceeds, civil law focuses on victims' interests and aims at compensation and restitution. These procedures may occur sometimes in parallel, sometimes sequentially. An effective response to corruption very often requires concomitant use of both criminal and civil law remedies to achieve the desired result.Date
2014-10-20Identifier
oai:openknowledge.worldbank.org:10986/20456978-1-4648-0370-3
http://hdl.handle.net/10986/20456
Copyright/License
CC BY 3.0 IGOCollections
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