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Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets /
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the fi...
| Clasificación: | Libro Electrónico |
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| Autores principales: | , , , , , , , , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Washington, DC :
STAR Stolen Asset Recovery Initiative, The World Bank-UNODC,
©2015.
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| Colección: | Stolen asset recovery series.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Contents; Preface; Acknowledgments; Introduction; Objective; Context: Civil Remedies as One of Several Avenues to Asset Recovery; Scope of the Book; Audience; Overview of Chapters; 1. Civil Asset Recovery Litigation: Who May Sue and Be Sued-States as Plaintiffs and Possible Defendants; A. States as Plaintiffs in Corruption Cases; Figures; 1.1 Corruption Harms Everybody; Boxes; 1.1 States Are Legal Persons Entitled to Bring Claims: The Ferdinand Marcos Case (United States); 1.2 Standing in Courts of Foreign States: The Republic of Iraq v. ABB AG et al. (United States).
- 1.3 Nigeria's Successful Civil Suit in U.K. Courts: The Case of Diepreye Solomon Peter Alamieyeseigha (United Kingdom)1.4 A Proprietary Claim by the Federal Republic of Brazil and the Municipality of São Paulo: Maluf Case in Jersey (Isle of Jersey); 1.5 A State-Owned Entity Obtains Bribe Money Held in a Foreign Bank Account through a Civil Claim in a Foreign Court: Kartika Ratna Thahir v. Pertamina (Singapore); 1.6 State as Civil Party: Tunisia Granted Status as Partie Civile in Switzerland and Other Countries in Criminal Cases Involving Stolen Assets; B. Defendants: Who Can Be Sued?
- 1.7 Claims under Property Law to Compensate Victims of Corruption: An Example from Bosnia and Herzegovina1.2 Who Can the Principal Sue in Bribery Cases?; 1.8 An Example of the Principal/Agent Relationship: Continental Management v. United States (United States); 1.9 Liability of Law Firms Used to Allegedly Conceal Monies: Attorney General of Zambia v. Meer Care & Desai (a firm) & Ors. (United Kingdom); Tables; 1.1 Types of Defendants and Case Law Examples; 2. Hiring an Attorney: Steps, Considerations, and Fee Arrangements; A. Identifying a Suitable Attorney.
- 2.1 Qualities of a Successful Asset Recovery Attorney2.2 Identifying a Suitable Attorney; 2.1 Selecting an Attorney-The Caution Flags; 2.2 Selecting an Attorney-The Green Lights; B. Structuring a Fee Arrangement; 2.3 Considerations in Structuring a Fee Arrangement; 2.4 Overview of Types of Fee Arrangements; C. Litigation and Asset Recovery Funds; D. Assistance from International Organizations; 2.3 For-Profit Litigation Funding for States in Asset Recovery Cases; 3. Choice of Forum: Where to Sue?; A. Where Are the Assets, and Where Do the Defendants Have Contacts?
- 3.1 Case with Assets Located in the United Kingdom and Rejection of the Argument That the Home Country of the Official Is More Appropriate: Federal Republic of Nigeria v. Joshua Dariye & Another (United Kingdom)3.1 Considerations for Where to File a Lawsuit; 3.2 Successful Civil Suits in the U.K. Where the Money Was Located and Laundered: The Case of Frederick Chiluba (Zambia); 3.3 A Win by Default against One Defendant and a Loss for Lack of Personal Jurisdiction against Another in the U.S. Courts: Ukrvaktsina (Ukrainian State-owned entity) v. Olden Group, LLC and Interfarm, LLC.