Brun, Jean-Pierre; Gray, Larissa; Scott, Clive; Stephenson, Kevin M.
Description:
The handbook is organized into nine
chapters, a glossary, and ten appendixes of additional
resources. Chapter one provides a general overview of the
asset recovery process and legal avenues for recovery, along
with practical case examples. Chapter two presents a host of
strategic considerations for developing and managing an
asset recovery case, including gathering initial sources of
facts and information, assembling a team, and establishing a
relationship with foreign counterparts for international
cooperation. Chapter three introduces the techniques that
practitioners may use to trace assets and analyze financial
data, as well as to secure reliable and admissible evidence
for asset confiscation cases. The provisional measures and
planning necessary to secure the assets prior to
confiscation are discussed in chapter four; and chapter five
introduces some of the management issues that practitioners
will need to consider during this phase. Confiscation
systems are the focus of chapter six, including a review of
the different systems and how they operate and the
procedural enhancements that are available in some
jurisdictions. On the issue of international cooperation,
chapter seven reviews the various methods available,
including informal assistance and mutual legal assistance
requests; and guides practitioners through the entire
process. Finally, chapters eight and nine discuss two
additional avenues for asset recovery-respectively, civil
proceedings and domestic confiscation proceedings undertaken
in foreign jurisdictions.