Chile informal assistance, 128n180 resource persons, 124b Chiluba, Frederick, 16–17, 174b China Ao Man Long case, 173b integrity pacts, 168 NCB confiscation, 157n219 CHIPS (Clearing House Interbank Payments System), 64, 67 circumstantial evidence, 170b civil proceedings, 4, 5–6, 12–13, 159–75 asset recovery actions, 169–73 evidence collection and securing assets, 169–73 criminal proceedings, evidence gathered in, 169 no-say (gag) orders, 170–71 restraint orders, 107n140, 171–72 initiating action, 169 civil recovery (private law) cases, 157 claims and remedies, 160–68 illicit or unjust enrichment actions, 168, 168b invalidity or breach of contract actions, 165–68 proprietary (ownership) actions, 160–61b, 160–62 tort actions, 162–65, 163b fact gathering and, 20 final dispositions, 173–74 insolvency processes, formal, 8, 174–75 civil records repositories, 50 civil society, 8, 22 claims in civil proceedings, 160–68 “claw back” provisions, 80 Clearing House Interbank Payments System (CHIPS), 64, 67 client identification, 203–4 collusion, 191 Colombia antinarcotics agency, 92n117 asset transfer, 80n103 Federal Reserve Bank (U.S.), transfers to, 95n124 illicit enrichment, 36 integrity pacts, 168 resource persons, 124b commingled proceeds, 42, 109–10 “commission rogatoire,” 54n75 compensation orders, 15b computer forensic specialists, 55, 55n confiscation, 91–120. See also domestic confiscation in foreign jurisdictions abandonment, 14 administrative, 14, 107
administrative mechanisms, 107 asset managers fees payable to, 101–2 powers of, 93–94 asset types and problems, 95–99 businesses, 97–98 foreign jurisdictions, assets located in, 99 livestock and farms, 98 motor vehicles, boats, and airplanes, 96–97, 97f perishable and depreciating assets, 98–99 precious metals, jewels, and artwork, 98, 98n real property, 95–96 seized cash, bank accounts, and financial instruments, 95 automatic confiscation, 117–18 civil, 156 consultations, 101 criminal prosecution and, 9, 11, 105–6 enhancements for, 9n, 114–18 extended confiscation, 117, 117n165 foreign jurisdictions, assets located in, 119, 120f funding asset management, 102 historical background, 104, 104b inventory and reporting, 94–95 investigators, 24 key players, 92 liquidation of assets, 101 management issues, ongoing, 99–101 assets, use of, 100–101 expenses, 99–100 heavy debts, 100 living, legal, and business expenses, 100 managing assets subject to, 4, 6, 91–102 mechanisms, 4, 7, 11, 103–20 crime victims, 119–20 criminal, 105–6 disposal of assets, 120 enhancements, 9n, 114–18 process, 107–14 third-party interests, 118–19 NCB confiscation, 106–7. See also non-conviction based (NCB) confiscation property-based, 108–11. See also property-based confiscation systems rebuttable presumptions, 114–16 substitute asset provisions, 116–17 value-based, 111–14. See also value-based confiscation systems voiding transfers of assets, 117 conflicts of interest, 189 consensual monitoring of communications, 59, 59n80
Index
I 255