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Purpose Previous research has indicated that trusts are used to commit various economic crimes, but limited studies examine the exact method of how trusts are abused. This paper aims to determine how trusts are abused to conceal assets in insolvency and divorce proceedings. Apart from discussing how fraudulent trusts are evaluated by South African courts, two court cases will also be analysed to determine how trusts have been abused in the past to conceal assets in insolvency and divorce proceedings. Design/methodology/approach The methodology used is a literature study, predominantly using court cases and relevant statutes as the primary sources of information. The difference between a sham and alter ego trust is discussed, whereafter two court cases are dissected to identify how trusts have been abused to conceal assets. Findings The study found that trusts can be abused in different ways to conceal assets in insolvency and divorce proceedings. This can vary from the way the trust is established to the way the trust is used. But trusts are particularly susceptible to abuse when there is no separation between the ownership and enjoyment of trust assets, and the trust lacks independent trustees. Originality/value The research finding can be used to better understand how trusts are abused in divorce and insolvency proceedings.

The purpose of this book is to provide a coherent overview of the insolvency systems found around the world. Its intended audience includes academics, judges, lawyers, and policymakers. Its focus is on businesses rather than natural persons. The authors hope to give the reader a sense of some of the principal approaches to managing the general default of a business debtor. The authors will discuss the nature of the costs and benefits arising from the various policy choices legislators have made. In the process, they will emphasize the close interrelationship among various elements of an insolvency regime so that these elements can be viewed as part of an overall system and not just as a series of policy decisions about particular rules, such as the method of initiation of an insolvency case or the balance struck in setting the boundaries of an avoidance power. The organization of the book reflects our view of insolvency laws as complete systems, including not only the 'insolvency' or 'bankruptcy' code of a jurisdiction but also closely related laws and the institutional framework in which those laws are applied. The book takes a systematic approach to a variety of topics related to credit and insolvency regulation. The functional analysis starts with the study of debt enforcement, continues with an examination of general corporate insolvency legislation, corporate rehabilitation proceedings, informal workouts, employee rights, judicial and administrative institutions, and the considerations key to cross-border insolvency proceedings.

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

The concealment of assets is a critical challenge in financial fraud and asset recovery investigations, posing significant obstacles for creditors and regulatory authorities. National governments commonly possess the necessary data for detecting and combating this type of fraud, typically related to personal data and asset ownership. However, this information is often dispersed across different departments within the same government and sometimes in databases shared by other countries. This leads to difficulty semantically integrating this large amount of data in various formats and correlating entities through identifying hidden relationships, which are essential in this type of analysis. In this regard, this work proposes an ontology to support the data integration process in the domain of asset concealment and recovery and fill the gap in the existence of a public ontology for this domain. The applicability of this ontology in the context of integration between data from different departments and countries was validated. The use of the ontology in a pilot project in the context of a tool for investigating this type of fraud was conducted with a Brazilian government agency, and the users validated its applicability. Finally, a new method for constructing ontologies is proposed. The proposed process was evaluated during the asset concealment ontology building and proved to be more suitable than the similar processes analyzed concerning the partial reuse of existing ontologies and the construction of ontologies for data with a transnational scope.

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.

Purpose - The purpose of this paper is to explore the various typologies and methods used to cloak assets following the placement stage of money laundering.Design methodology approach - Techniques used to hide assets and cloak ownership, ranging from simple nominee arrangements through to complex financial transactions are explored.Findings - There are a myriad of methods available to money launderers to cloak their assets.Research limitations implications - More work needs to be done on the issue of information gateways.Practical implications - Assets are cloaked to obfuscate the trail and make it difficult for law enforcement to \"follow the money\". Understanding the methodologies used is the first step to understanding the problem.Originality value - A number of cases from Canada, the USA and Australia were studied, as well as reference material advisors use for asset protection.

Noncash misappropriations frequently involve assets such as inventory, materials, and supplies. This type of fraud is easy to commit, difficult to conceal, and requires conversion of the assets to cash. Noncash schemes such as misuse, unconcealed misappropriations, and transfer of assets are discussed. Concealment strategies by falsifying inventory records, sales, and purchase records are noted. Various data files and data analytic tests that can be used to detect potential noncash misappropriations are suggested.