Organised crime activities are normally profit-driven. The confiscation and recovery of criminal assets are big steps toward fighting organised crime in the European Union (EU). The EU Action Plans on organised crime contain the objective to trace, freeze, seize and confiscate the proceeds of crime. International cooperation that enables the authorities to exchange information and an effective procedure are essential in order to confiscate and recover criminal assets effectively.
As criminal groups operate across EU borders, the European Commission decided to propose a Directive in order to simplify criminal assets’ confiscation procedure for the Member States. The new legal framework intends to improve the existing mechanism of confiscation. The proposed legislation will enhance the ability of Member States to confiscate assets that have been transferred to third parties, as well as assets not directly linked to the offence for which a criminal has been convicted. The proposal was announced on 12 March 2012.
You may also wish to refer to the Library Navigator on Organised Crime.
Overviews
Confiscation and asset recovery / European Commission
DG Home Affairs has the section on “Confiscation and asset recovery”. Here you can find the all of the framework decisions and legal instruments that the EU has developed to confiscate and recover assets.
The link on this webpage to the “Documentation centre” will provide recent adopted legislation, international conventions, communications and reports relevant for the topic.
The Recovery of stolen assets: A Fundamental Principle of the UN Convention against Corruption / Jack Smith, Mark Pieth, Guillermo Jorge, Basel Institute on Governance, International Centre for Asset Recovery for Anti-Corruption Resource Centre, 2007, 4p.
The article about the return of the assets in the UNCAC is singled out as a “fundamental principle” of the Convention. The Brief examines this principle and what can be done to ease the return of the assets.
Asset Recovery Process Chart
Processes used in the field of Asset Recovery.
Analysis
The Need for New EU Legislation Allowing the Assets Confiscated from Criminal Organisations to be Used for Civil Society and in Particular for Social Purposes / Basel Institute on Governance, April 2012
EP DG IPOL, Policy Department C, Citizen’s Rights Affairs and Constitutional Affairs
Assesses the feasibility of establishing EU regulation on the use of confiscated assets for civil society and in particular for social purposes.
Freezing and confiscation of criminal proceeds / Nicholas Kaye, Revue internationale de droit pénal, 2006, 10p.
This article assesses a number of international instruments which have sought to highlight and promote the confiscation of criminal proceeds. It also discusses the European Union approach to confiscation and finally highlights a number of areas which could be addressed in the future if the EU regime for the confiscation of the proceeds of crime will be strengthened.
Advancing international understanding and cooperation in combating fraud and corruption: Recovering stolen assets—a new issue? Alan Bacarese, ERA-Forum, 2009, Volume 10, Number 3, Pages 421-434.
This article attempts to identify where the main developments have occurred in international asset recovery but also considers the historical efforts in the European Union to try to take the profit out of crime and analyses the effectiveness of the current plethora of European Union directives and initiatives in this area. The points made are illustrated with a number of prominent cases.
An overview of European and international legislation on terrorist financing / EP DG IPOL, Policy Department C, Citizen’s Rights Affairs and Constitutional Affairs, April 2009, 64 p.
A study that examines the definitions and scope of activities linked to terrorist financing as well as the regulations that should prevent it and the cooperation between competent authorities within the EU.
Recovering Stolen Assets / Mark Pieth (Ed.), Basel Institute on Governance, Bern 2008.
(Available in the library on demand). In this book practitioners and academics have put together their views on asset recovery. They analyse the former cases and discuss what needs to be done in the future, and they also give their own perspectives on the UNCAC.
Country approach
The Recovery of “Criminal” Assets in New Zealand, Ireland and England: Fighting organised and serious crime in the civil realm. / Liz Campbell, Victoria University of Wellington Law Review, May 2010, 20p.
The article analyses the Criminal Proceeds (Recovery) Act 2009 in New Zealand compared to the processes of civil asset recovery in Ireland, England and Wales. [Please be patent while this document loads, only for EP network.]
Tracing and confiscating illicit proceeds: the perspective of the defence/ Monty Raphael, 2011.
This article examines developments in the seizure of criminal assets with a particular emphasis on the UK legislative history of the forfeiture of criminal proceeds, as well as focusing on the increasing importance of international asset-tracing and the need for mutual legal assistance in preventing and reducing the impact of cross-border crime.
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Towards more effective asset recovery in Member States—the UK example, David J. Dickson, June 2009, 17p.
This paper examines the recovery of assets with a view to confiscation under UK law.
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Technical paper on criminal assets recovery system in Serbia and comparative analysis with other systems in central and western Europe /Alan Bacarese, Pedro Gomes Pereira, Council of Europe, July 2010.
This paper analyses the Serbian law on Seizure and Confiscation of the Proceeds from Crime in a comparative manner to different European models with a view to considering overall compliance and efficiency.
International organisations dealing with assets recovery
In the “Publication” section you will find recent books, articles and studies concerning Asset Recovery and related problems.
Asset recovery Knowledge Center
This is an online knowledge center dedicated only to Asset Recovery, initiated and maintained by International Centre for Asset Recovery (ICAR).
It provides relevant legislation and authorities, legal frameworks, case studies and other practical tips and techniques to advance investigations in tracing stolen assets, seeking international legal and administrative cooperation and the processes involved in an asset recovery case. The country profiles section has information from a number of financial centres and developing countries and helps to identify the important elements necessary to begin working with a country to either obtain legal or administrative cooperation to make progress in a corruption investigation involving stolen assets.
Stolen Asset Recovery Initiative / The World Bank, UNODC
All the recent publications from the Stolen Asset Recovery Initiative. Among them you can find:
– Asset Recovery Handbook: A Guide for Practitioners
– Barriers to Asset Recovery: An Analysis to the Key Barriers and Recommendations for Action
– Towards a Global Architecture for Asset Recovery
TRACK (Tools and Resources for Anti-Corruption Knowledge).
A central platform developed by the United Nations Office on Drugs and Crime.
United Nations Convention against Corruption / United Nations Office on Drugs and Crime
The website of United Nations Convention against corruption. Here you will find the full text of the Convention against Corruption (2003) (UNCAC), the calendar of the latest upcoming events against corruption as well as a compendium of international legal instruments on corruption.
Case law
Stolen Asset Recovery Initiative / The World Bank, UNODC
Three cases are outlined here: Ferdinand Marcos; Vladimir Montesinos; and Diepreye Alamieyeseigha. The cases have been selected to represent, in broad terms, an evolution in asset recovery practice.
International Cases / Asset recovery Knowledge Center
Lists 27 most prominent cases concerning asset recovery of criminal assets.
Nigeria v Santolina Investment Corp
A summary judgement from the United Kingdom High Court.
