asset recovery

Subscribe to asset recovery via RSS

The ACAMS / MoneyLaundering.com article “FATF’s Focus on Asset Forfeiture Could Challenge Some Nations”, especially raises the issue of recovering corruption proceeds.  Near the end of this article, I am mentioned as saying that as part of their effort to crack down on corruption, Financial Action Task Force examiners may expect jurisdictions to track bribes paid by local companies to foreign governments:

FATF’s Focus on Asset Forfeitures Could Challenge Some Nations¹

October 31, 2012, By Brian Monroe

An intergovernmental group’s revised expectations of how countries should seize looted assets may prove difficult to meet, and could lower the mutual evaluation scores nations receive for their anti-money laundering controls.

Earlier this month, the Paris-based Financial Action Task Force (FATF) outlined in guidance how jurisdictions should best assist one another with asset forfeitures, calling for the implementation of formal and informal mutual legal assistance arrangements and the creation of specialized units to expedite responses to intergovernmental inquiries.

How willingly nations cooperate with one another will be an important factor in how FATF evaluates their anti-money laundering (AML) and counterterrorism financing regimes going forward, according to an individual familiar with high-level discussions within the intergovernmental group.

“Asset confiscation and recovery is a very important objective and an indicator of the success of the overall regime,” said the person, who asked not to be named. The issue is linked to FATF’s increased focus on fighting corruption, the individual said.

In February, individuals involved in FATF talks told ACAMS MoneyLaundering.com that the group was revising how it scored regimes to emphasize efficacy, and would consider forfeiture sizes, conviction rates and other factors. The shift follows FATF’s decision to streamline its AML and counterterrorism financing standards earlier this year.

As part of that effort, the group plans to grade countries on both technical compliance and how effectively they implement financial crime controls, including asset forfeitures, sources said this month. The two separate grades will be combined in an overall score included as part of each mutual evaluation.

But meeting FATF’s asset forfeiture standard, as outlined in its Oct. 19 best practices, will be challenging for nations of all stripes, according to Tom Lasich, a former head of training at the Switzerland-based International Centre for Asset Recovery and a former Internal Revenue Service criminal investigator.

Continue Reading Recovering Assets By Cracking Down On Corruption Proceeds

When analyzing the secret transfer of Nazi-looted art to museums and private collections, one may detect the use of multiple jurisdictions, nominees, forgeries or other common concealment methods.

In some cases, these concealment methods are jointly employed to launder the title of looted artwork, similar to the way that illicit funds may be…

Recovering corruption proceeds and related issues:

  1. At a news release, the Organisation for Economic Co-operation and Development notes that in twelve years, French authorities had just five convictions in cases arising out of the bribery of foreign officials.  The news release claims that French authorities have a “lacklustre response” to cases involving actual or

…

As demonstrated by the $104 million dollar IRS award to UBS Swiss bank whistleblower Bradley Birkenfeld, one may hit a home run by blowing the whistle.  Some however, face criminal charges or other extraordinary difficulties because of their whistleblowing.

The New York City Bar Association seminar “The Ins & Outs Of Recovering Assets…

As a FAQ webpage demonstrates, qualified intermediary withholding agreements, (“qi agreements”), with the IRS can obilgate foreign financial institutions to withhold tax monies and report about a U.S. taxpayer’s offshore financial account.  The qi agreement between the IRS and UBS AG played a critical role in the UBS John Doe summons case.  A …

Attorney Jack Blum’s law practice focuses on whistleblower representation, anti-money laundering compliance, international tax evasion and the representation of victims of financial crime and fraud.  He has been an expert witness for the U.S. Department of Justice and the Internal Revenue Service.  Mr. Blum additionally served as associate counsel, or assistant counsel, or special counsel…

Peter Madoff’s $4 million dollar co-op and the effort to recover assets from Peregrine Financial Group, Inc.

  1. The NYC Park Avenue co-op which belonged to Bernard Madoff’s younger brother Peter, has just been listed for sale.  The $4 million dollar co-op is being sold as part of the asset forfeiture agreement connected to Peter

…

Letters rogatory can be an invaluable tool for detecting assets concealed in multiple jurisdictions.  They may be utilized to gather competent evidence from foreign financial institutions and a variety of  witnesses residing offshore.  “Asset Search Tips For Divorce & Child Support Cases” talked about detecting assets by employing letters rogatory.  That post…

Prosecutors handling financial fraud cases have long known that a foreign bank supplied with a compelled authorization or consent form, will sometimes release confidential bank records.  The prosecutors first seek a judicial direction requiring the bank signatory of the foreign bank account to execute the authorization form.

After the bank signatory executes this form, the…