Denial of Safe Haven to Corrupt Officials OAS Anti Corruption Meeting March 28 th 2005 Stephen Baker BakerPlatt

Key is Political Will Political Will of:  The victim country;  Transit countries;  The country harbouring assets; and  Those countries whose companies have paid bribes.

A Strategy There must be a strategy  Where has the money gone?  How has the money gone?  How are we going to get the money back?

Where Has It Gone? How Has It Gone? Understanding Methods of Corruption  False invoicing;  Inflation of contract prices;  False consultancy services;  Manipulation of privatisation schemes;  Direct theft.

Denial of Safe Haven How to Get it Back  Criminal Recovery?  Civil Recovery?  Both ?  Understand the difference between common law and civil law systems  Keep the material gathered secure and secret

Use of Criminal Investigations  Criminal law system of the victim country;  Criminal law systems of those countries harbouring assets;  Prompting investigations by those sheltering assets;  Ukraine and California;  Evidence gathering.

International Co-operation  Which country should be approached first?  The distinction between the United Kingdom and Switzerland  Le dossier  Is a Treaty needed?  Turning information into evidence  Understanding the distinctions between countries’ systems.

Use of Civil Asset Recovery Methods  Where to sue?  Who to sue?  Which countries are most favourable to these actions?  Benefits of civil law systems  Benefits of common law systems  Will the overseas government help in civil recovery?  Asset recovery agency, London  Will it work?

A Cause For Optimism  Just under half a billion dollars returned to Nigeria from Switzerland  Over one hundred and sixty million dollars returned to Nigeria from Jersey, Channel Islands  Why?  Political will Switzerland and Jersey.  Will others pay money back?  Why have others not paid money back?

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