Civil Proceedings to Recover Corruptly Acquired Assets of Public Officials - Tim Daniel and James Maton

'Civil Proceedings to Recover Corruptly Acquired Assets of Public Officials' written by Tim Daniel and James Maton is a chapter under section IV (Concrete Challenges: Seizure and Confiscation) of the book 'Recovering Stolen Assets', edited by Mark Pieth.

Criminal mechanisms to recover the corruptly acquired assets of a public official depend first on criminal conviction of the wrongdoer, either in his or her domestic courts or in the courts of the jurisdiction where his or her illicit assets are located, and secondly on an en-forceable and final confiscation order against his assets. As is described elsewhere in this book, the United Nations Convention against Corruption (UNCAC) requires signatories to give effect to confiscation orders made by foreign courts through mutual legal assistance mechanisms, and an increasing number of countries have done so. This mechanism can be effective and efficient, when available...