Publication

Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets

van der Does de Willebois, Emile, Sotiropoulou, Anastasia, Sylvester, Katherine Rose, Hauch, Jeanne, Uttamchandani, Mahesh, Brun, Jean-Pierre, Dubois, Pascale Helene, Mekki, Yannis, Jaïs, Sarah

2015

Overview

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.

• Publisher: Washington, DC: World Bank
• Subject: ABUSE / ABUSES / ACT OF CORRUPTION / ADMINISTRATIVE LAW / AGENCY PROBLEM / ANTI-BRIBERY / ANTI-CORRUPTION / ANTIBRIBERY / ANTIBRIBERY LAWS / ANTICORRUPTION / ANTICORRUPTION AGENCIES / ANTICORRUPTION COMMISSIONS / ANTICORRUPTION LEGISLATION / ASSETS / AUTHORITY / BANKS / BEST PRACTICES / BREACH OF CONTRACT / BRIBE / BRIBE PAYER / BRIBE PAYERS / BRIBERY / BRIBERY CASES / BRIBES / BUSINESSMAN / CASE LAW / CHAPTER 7 / CIVIL LAW / CIVIL LAW JURISDICTIONS / CIVIL LIABILITY / CIVIL LITIGATION / CIVIL PROCEDURES / CIVIL SOCIETY / CIVIL SOCIETY ORGANIZATIONS / CLAIM / CLAIM FOR DAMAGES / CLAIMANT / CLAIMANTS / CODES / COLLATERAL / COMMON LAW / COMMON LAW COUNTRIES / COMMON LAW JURISDICTIONS / COMMON LAW SYSTEMS / COMPARATIVE LAW / COMPENSATION / COMPENSATION OF DAMAGES / COMPLAINTS / CONCEALMENT OF ASSETS / CONCESSION / CONCESSIONS / CONFIDENCE / CONFISCATION ORDER / CONFISCATION ORDERS / CONFLICT OF INTEREST / CONTRACTUAL TERMS / COPYRIGHT / CORRUPT / CORRUPT ACTIONS / CORRUPT ACTS / CORRUPT OFFICIAL / CORRUPT OFFICIALS / CORRUPT PRACTICES / CORRUPTION / COURT DECISION / COURT OF APPEALS / COURT OF JUSTICE / COURT PROCEEDINGS / CRIME / CRIME CONTROL / CRIMES / CRIMINAL / CRIMINAL ACTION / CRIMINAL ACTS / CRIMINAL CODES / CRIMINAL INVESTIGATION / CRIMINAL INVESTIGATIONS / CRIMINAL LAW / CRIMINAL LIABILITY / CRIMINAL PENALTIES / CRIMINAL PROCEDURE / CRIMINAL PROCEDURES / CRIMINAL PROSECUTIONS / CRIMINAL PUNISHMENTS / CRIMINOLOGY / CRONIES / DEPOSIT / DIFFERENT LEGAL SYSTEMS / DISCLOSURE OBLIGATIONS / DOMESTIC LAW / ECONOMIC AND FINANCIAL CRIMES COMMISSION / ECONOMIC CRIME / ECONOMIC CRIMES / ECONOMIC DEVELOPMENT / EMBEZZLEMENT / EQUITABLE REMEDY / ESTATE / ESTATE AGENTS / EUROPEAN UNION / FIGHT AGAINST CORRUPTION / FINANCIAL ASSETS / FINANCIAL CRIMES / FINANCIAL INSTITUTION / FINANCIAL MARKET / FINANCIAL SERVICES / FINES / FOREIGN BANK / FOREIGN BANK ACCOUNT / FOREIGN CORRUPT PRACTICES / FOREIGN CORRUPT PRACTICES ACT / FOREIGN COURT / FOREIGN COURTS / FOREIGN LAW / FORFEITURE / FORGERY / FRAUD / FRAUDULENT ACTIVITIES / FRAUDULENT ACTIVITY / FRAUDULENT BEHAVIOR / GOOD FAITH / GRAND CORRUPTION / HOME / HUMAN RIGHTS / IMPRISONMENT / INITIATIVE / INJUNCTIONS / INSOLVENCY / INSOLVENCY PROCEEDINGS / INSURANCE / INTEGRITY / INTERNATIONAL INSTRUMENTS / INTERNATIONAL LAW / INTERNATIONAL TREATIES / INVESTIGATING MAGISTRATE / INVESTIGATION / INVESTIGATIONS / INVESTIGATORS / INVESTMENT CLIMATE / JUDGE / JUDGES / JUDGMENT / JUDGMENTS / JUDICIAL ACTION / JUDICIAL AUTHORITIES / JURISDICTION / JURISDICTIONS / JUSTICE / KICKBACKS / LAW FIRM / LAW FIRMS / LAWS / LAWYER / LAWYERS / LEGAL ACTION / LEGAL ACTIONS / LEGAL ADVICE / LEGAL ENTITIES / LEGAL FEES / LEGAL FRAMEWORK / LEGAL PERSON / LEGAL PERSONS / LEGAL PROCEEDINGS / LEGAL PROCESS / LEGAL REMEDIES / LEGAL RIGHTS / LEGAL SERVICES / LEGAL STATUS / LEGAL SYSTEMS / LEGAL THEORIES / LEGAL THEORY / LIABILITY / LITIGATION / LOCAL LAWS / LOSS OF VALUE / MARKET VALUE / MINISTERS / MISAPPROPRIATION / MONETARY SANCTIONS / MONEY LAUNDERING / MULTINATIONAL / MUTUAL LEGAL ASSISTANCE / NATIONAL LEGISLATION / NEGLIGENCE / OFFENDER / OFFENSE / OFFENSES / ORGANIZED CRIME / PARTICULAR ASSET / PARTICULAR ASSETS / PENALTIES / PENALTY / PERSONAL GAIN / POLICE / POLITICIAN / PREFERENTIAL / PREFERENTIAL TREATMENT / PRISON / PRIVATE GAIN / PRIVATE INVESTMENT / PRIVATE LAWYERS / PRIVATE PARTIES / PROCUREMENT / PROCUREMENT PROCEDURES / PROPERTY LAW / PROPRIETARY CLAIM / PROSECUTION / PROSECUTIONS / PROSECUTOR / PROSECUTORS / PUBLIC FUNDS / PUBLIC OFFICIAL / PUBLIC OFFICIALS / PUNISHMENT / RACKETEERING / RECEIVER / RECEIVERSHIP / REMEDIES / REMEDY / REPATRIATION / RESTITUTION OF ASSETS / RULINGS / SCANDALS / SETTLEMENT / SPECIFIC ASSET / SPECIFIC ASSETS / STEALING / THEFTS / TITLE / TRANSFER OF ASSETS / TRANSPARENCY / TRIAL / TRUSTEE / TRUSTEES / UNJUST ENRICHMENT / VICTIMS / VIOLATIONS / WIFE / WILL
• ISBN: 1464803706, 9781464803703