Even with this framework, the practice of recovering stolen assets remains complex. It involves coordination and collaboration with domestic agencies and ministries in multiple jurisdictions with different legal systems and procedures. It requires special investigative techniques and skills to “follow the money” beyond national borders and the ability to act quickly to avoid dissipation of the assets. To ensure effectiveness, the competent authority (“the authority”) must have the capacity to launch and conduct legal proceedings in domestic and foreign courts or to provide the authorities in another jurisdiction with evidence or intelligence for investigations (or both). All legal options— whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives—must be considered. This process may be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. The complexity of the process highlights the need for a practical tool to help practitioners navigate the process. With this in mind, the Stolen Asset Recovery Initiative, a joint initiative of the United Nations Office of Drugs and Crime and the World Bank focused on encouraging and facilitating more systematic and timely return of stolen assets, has developed this Asset Recovery Handbook: A Guide for Practitioners. Designed as a howto manual, the handbook guides practitioners as they grapple with the strategic, organizational, investigative, and legal challenges of recovering assets that have been stolen by corrupt leaders and hidden abroad. It provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. By consolidating into a single framework the information dispersed across various professional backgrounds, the handbook will enhance the effectiveness of practitioners working in a team environment. Methodology To develop the Asset Recovery Handbook as a practical tool to help practitioners navigating the issues, laws, and theory, the Stolen Asset Recovery Initiative drew on those people who have practical day-to-day experience in one or more of the core areas of asset recovery. Participants included law enforcement, financial investigators, investigating magistrates, prosecutors, lawyers in private practice, and asset managers. They brought experience—from developed and developing jurisdictions and from civil and common law systems—in conducting criminal confiscation, non-conviction based asset confiscation, civil actions, investigations, asset tracing, international cooperation, and asset management. They have worked with other national agencies as well as with foreign counterparts. Being familiar with some of the challenges in this regard, they have developed their own methods and ideas for overcoming those challenges. The overall format of the handbook and key topics for consideration were agreed on by a group of practitioners at a workshop held in Vienna, Austria, in May 2009.10 These 10. Participating practitioners in the May 2009 Vienna workshop brought experience from practice in Argentina, Azerbaijan, Canada, Colombia, Costa Rica, France, Guernsey, Jersey, Peru, South Africa, Switzerland, Ukraine, United Kingdom, United States, and Zambia. 2
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Asset Recovery Handbook