Who owns a bribe: the bribed public official or the defrauded state?
A public official receives a bribe to award a contract. Does the bribe “belong” to the official or to the state that he or she represents? The answer to the question can matter a great deal to the success of a claim. But the issue has been controversial and the […]
Prosecuting “Illicit Enrichment”: a new offence for the UK?
This article by James Maton and Jamie Humphreys was first published on the blog of the All-Party Parliamentary Group on Anti-Corruption. There are many policy developments that would help improve asset recovery efforts in the UK (see Transparency International’s publication Closing down the Safe Havens). However, if we were to […]
Recovering the proceeds of corruption: an overview
Victim states seeking to recover the proceeds of corruption, or compensation for corrupt acts, may have a choice of mechanisms to do so: criminal, civil and non-conviction forfeiture. Each mechanism has advantages and disadvantages, and the “right” route for a particular case depends on the circumstances. Flexibility is key, and any substantial […]