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Non-State Actors in Asset Recovery

Edited By Daniel Thelesklaf and Pedro Gomes Pereira

Non-state actors are of fundamental importance in the prevention and combating of corruption within asset recovery processes. Their roles and responsibilities were considered during an experts’ meeting hosted by the Basel Institute on Governance and the International Anti-Corruption Academy in September 2010.
This book contains essays presented at the meeting, written by practitioners and academics with extensive experiences in the numerous fields which comprise asset recovery processes. The contributions offer a diversity of views on roles which non-state actors (can) play in preventing and combating corruption and other forms of financial crimes.
The editors conclude by offering insights into ongoing challenges in asset recovery processes and ways to overcome these challenges.

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MICHEAL LEVI AND NICHOLAS LORD - Links between corruption and organised crime and research gaps 39

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MICHEAL LEVI AND NICHOLAS LORD Links between corruption and organised crime and research gaps I. Introduction Organised crime is a term that is often used quite carelessly, but car- ries with it the image of The Godfather and criminal hierarchies that sometimes corrupt police and politicians, usually involved in extor- tion, vice and/or drugs trafficking. Legally, anything between the Ca- morra, on the one hand and, on the other hand, three burglars, a win- dow cleaning business and a foreign bank account can meet the criteria for ‘transnational organised crime’ of the UNTOC, though national implementing legislation is quite varied in how organised crime or mafia-type associations are defined, even within the EU. In addition to these, there is a great deal of discretion in what sorts of activities and groups/networks that potentially are definable as ‘organ- ised crime’ are focused upon. It is a common misconception that ‘organised crime’ applies only to per se illegal activities such as drugs trafficking: any criminal ac- tivities can in principle be the basis for the label. Thus one might de- fine as organised crime an alliance between corrupt leaders (elected or not), family members and others (perhaps including the police or mili- tary) to embezzle funds from national treasuries or even to extract monopoly profits from superficially legal businesses, provided that they can violate some criminal law in doing so. If banks can be shown to be knowingly laundering the proceeds of such activities, they too become part of ‘organised crime’. Whether...

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