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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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EDWARD H. DAVIS - Transnational civil asset recovery of the proceeds of crime and corruption: a practical approach 63

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EDWARD H. DAVIS Transnational civil asset recovery of the proceeds of crime and corruption: a practical approach I. Introduction The misappropriation of assets through corruption is an unfortunate but inescapable reality that has plagued civilisation since organised government and money came together. Corruption in the modern age, and its impact on society, is perhaps worse than it has ever been, as gargantuan state budgets and infrastructure projects provide perhaps irresistible targets for corrupt actors. The conduct of corrupt actors is facilitated by technology-driven banking and financial systems that allow the proceeds of corruption to be literally sent around the world with the click of a computer mouse. As well, corrupt conduct is facili- tated by a fraudster’s ability to conceal their identity behind multi- layered corporate shields and secrecy havens with legal systems de- signed to allow bank accounts to be owned with relative anonymity. Corruption is a truly global problem. In Russia, for instance, an- nual corruption is believed to be between USD 240 to USD 300 bil- lion dollars.1 In China, which has one of the largest economies in the world, corruption similarly is pegged in the hundreds of billions of dollars each year.2 Corruption costs African countries collectively 1 Matt A. Vega, The Sarbanes-Oxley Act and the Culture of Bribery: Expanding the Scope of Private Whistleblower Suits to Overseas Employees, 46 Harv. J. on Legis. 425, 428 (2009). 2 Daniel Abebe & Jonathan S. Masur, International Agreements, Internal Heterogeneity, and Climate Change: The ‘Two Chinas’ Problem, 50 Va....

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