[{"data":1,"prerenderedAt":292},["ShallowReactive",2],{"news-new-dates-arbitration-and-crime-workshop-moved-to-6-7-may-2022-2115":3,"news-new-dates-arbitration-and-crime-workshop-moved-to-6-7-may-2022-2115-similar":63,"i-heroicons:arrow-left-20-solid":287},[4],{"id":5,"status":6,"date_created":7,"date_updated":8,"title":9,"type":10,"body":11,"date":12,"topic":13,"slug":15,"activity":16,"nid":18,"topics":19,"activities":20,"programme":21,"area":21,"websites":22,"language":21,"image":24,"translation_of":21,"countries":35,"tags":58,"authors":59,"images":60,"translations":61,"content":62},9537,"published","2022-05-26T22:52:10.000Z","2025-08-31T23:14:40.000Z","New dates: Arbitration and Crime Workshop moved to 6-7 May 2022","News","The 5th Arbitration and Crime Workshop is set to take place in hybrid format on 7 May 2022 at the University of Basel, Switzerland. The focus will be on [US President Biden's anti-corruption initiative](https:\u002F\u002Fwww.whitehouse.gov\u002Fbriefing-room\u002Fpresidential-actions\u002F2021\u002F06\u002F03\u002Fmemorandum-on-establishing-the-fight-against-corruption-as-a-core-united-states-national-security-interest\u002F) and recent challenges in the area of arbitration and crime.\n\nOrganised by the Arbitration and Crime Competence Centre, which is led by Professor Mark Pieth and Dr Kathrin Betz, the annual event brings together leading arbitrators, lawyers, academics and other experts from around the world.\n\nThe [Toolkit for Arbitrators,](https:\u002F\u002Fbaselgovernance.org\u002Fpublications\u002Fcorruption-and-money-laundering-international-arbitration-toolkit-arbitrators) available in English, French and Russian, emerged from the 2019 meeting to guide arbitrators who suspect, or are confronted with, alleged corruption or money laundering in relation to the underlying dispute.\n\nThe draft agenda for the 2022 workshop currently includes:\n\n*   US President Joe Biden's initiative against corruption: The emerging new paradigm of bribery as a security issue (Chair: Krista Nadakavukaren Schefer, Swiss Institute of Comparative Law).\n    \n*   Arbitration in sports: How does sports arbitration deal with illegality? How can sanctions enacted by an arbitral tribunal interact with national procedures? (Chair: Nicola Bonucci, Paul Hastings LLP).\n    \n*   Ratification: What amounts to ratification of a tainted contract? Who can ratify and in what timeframe? What are the limits of ratification? (Chair: Lord Peter Goldsmith QC, Debevoise & Plimpton LLP).\n    \n*   Protection of third parties: Who is a third party that deserves protection? What happens to workers, subcontractors, financial operators who are involved in a project tainted by corruption? (Chair: Juan Fernández-Armesto, Armesto & Asociados).\n    \n*   Maritime arbitration: How does it protect human rights? (Chair: Nadia Darwazeh, Clyde & Co)\n    \n\nThe panel speakers include many well-known names in financial crime litigation and arbitration. For the latest agenda and speakers, see the [Arbitration and Crime Competence Centre website](https:\u002F\u002Farbcrime.org\u002Fworkshop2022).\n\nWe are delighted to co-host the event again this year with support from [The International Academy of Financial Crime Litigators](https:\u002F\u002Fwww.financialcrimelitigators.org\u002F), several of whose Fellows are participating in workshop panels. It will kick off with an informal pre-workshop dinner on 6 May at Restaurant Krafft in Basel for those attending in person.\n\n### Registration – in person or virtually\n\nAttendance is free of charge both in person and virtually, but please note that physical spaces are limited due to foreseeable Covid-19 restrictions. You will require a Covid-19 certificate valid in Switzerland and will need to adhere to the health measures in place at the time, including those imposed by the University of Basel. Please sign up quickly as the organisers offer physical places on a first-come, first-served basis.\n\nFor full details and the email for in-person registration, please see the [latest agenda](https:\u002F\u002Farbcrime.org\u002Fworkshop2022) on the Arbitration and Crime Competence Centre website.\n\nVirtual participants will be able to join by Zoom for the workshop on 7 May. [Click here to register.](https:\u002F\u002Funibas.zoom.us\u002Fwebinar\u002Fregister\u002FWN_IJJuj9XgQ4ag8GBMSiQZsA)","2021-12-21",[14],"","new-dates-arbitration-and-crime-workshop-moved-to-6-7-may-2022-2115",[17],"Events",2115,[],[17],null,[23],"Main page",{"id":25,"storage":26,"filename_disk":27,"filename_download":28,"title":9,"type":29,"created_on":30,"modified_on":30,"charset":21,"filesize":31,"width":32,"height":33,"duration":21,"embed":21,"description":21,"location":21,"tags":21,"metadata":34,"focal_point_x":21,"focal_point_y":21,"tus_id":21,"tus_data":21,"uploaded_on":30},"5c0abf4f-9fc5-475f-ac7b-76cff291c946","local","5c0abf4f-9fc5-475f-ac7b-76cff291c946.webp","tmp.webp","image\u002Fwebp","2025-05-12T21:17:13.000Z",38590,1400,867,{},[36],{"id":37,"news_id":38,"countries_id":52},7274,{"id":5,"status":6,"user_created":39,"date_created":7,"user_updated":40,"date_updated":8,"title":9,"type":10,"body":11,"image":25,"date":12,"topic":41,"slug":15,"activity":42,"nid":18,"topics":43,"activities":44,"programme":21,"area":21,"websites":45,"translation_of":21,"language":21,"countries":46,"tags":47,"authors":48,"images":49,"translations":50,"content":51},"03bebfd8-0b40-4a2a-820d-b9d9c13b9de6","b0662e2a-864d-4888-a1b7-4342b7570b30",[14],[17],[],[17],[23],[37],[],[],[],[],[],{"id":53,"name":54,"code":55,"latitude":56,"longitude":57},41,"Switzerland","CH",46.81819,8.22751,[],[],[],[],[],[64,88,117,144,168,191,213,239,261],{"id":65,"body":66,"status":6,"type":10,"date":67,"slug":68,"title":69,"image":70,"countries":71,"topic":72,"activity":73,"tags":75,"nid":76,"topics":77,"activities":78,"authors":79,"images":80,"websites":81,"area":21,"programme":21,"language":21,"translations":82,"translation_of":21,"user_created":39,"date_created":83,"user_updated":84,"date_updated":85,"content":86,"link":87},10360,"Over 60 arbitrators, lawyers, forensics and researchers met at the University of Basel on 5 May 2023 to discuss the legal issues and current risks facing arbitrators in terms of corruption and money laundering.\n\nThe discussions will be used to update the 2019 [Toolkit for Arbitrators](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fnew-publication-toolkit-arbitrators-guidelines-corruption-and-money-laundering-international), developed around a similar gathering in 2018-2019 to provide guidance to arbitrators who suspect, or are confronted with, alleged corruption or money laundering in relation to the underlying dispute.  \n\n### A proactive responsibility\n\nIn a keynote speech, Nadia Darwazeh of Clyde & Co emphasised the proactive responsibility arbitrators must take to combat corruption in their industry, stating that the “legitimacy of the arbitration system is at stake”. Her speech set the scene for expert panels focusing on:\n\n*   Applicable law and public policy for addressing corruption in commercial and investor-state arbitration, including domestic law, international law and transnational public policy.\n*   The definition of corruption in the Toolkit – should it include trading in influence? Should it refer to criminal conduct related to sanctions?\n*   Role and application of _mens rea_.\n*   Issues of evidence, including the way the “red flag” method is used, the question whether the burden of proof can shift, the varying standards of proof and the use of adverse inferences.\n*   The legal consequences of corruption unearthed in arbitration cases – the impact on jurisdiction, admissibility and merits, and the question whether more nuanced approaches are needed, ensuring proportionality.\n*   A comparative analysis of award enforcement and the appeals processes in France, Switzerland and the UK, and a discussion of how the finality of arbitral awards relates to international public policy.\n\nA common emphasis throughout the day was on the importance of clear definitions, coherence and consistency.\n\n### Updated guidance\n\nThe evolving issues and practices discussed in the conference will inform the new edition of the Toolkit, so that it can continue to provide up-to-date guidance for arbitrators into the future.\n\nThe conference was organised by the [Arbitration and Crime Competence Centre](https:\u002F\u002Farbcrime.org\u002F) led by [Professor Mark Pieth](https:\u002F\u002Fwww.pieth.ch\u002F) and [Dr Kathrin Betz](https:\u002F\u002Fbetz-law.ch\u002Fen\u002Fhome), with the support of the [Basel Institute on Governance](http:\u002F\u002Fwww.baselgovernance.org\u002F) and [The International Academy of Financial Crime Litigators](http:\u002F\u002Fwww.financialcrimelitigators.org\u002F).\n\nThe organisers wish to thank the sponsors: [EY](https:\u002F\u002Fwww.ey.com\u002Fen_ch), [BDO](https:\u002F\u002Fwww.bdo.ch\u002Fde-ch\u002Fhome-de) and [Bonifassi Avocats](https:\u002F\u002Fbonifassi-avocats.com\u002Fen\u002F).","2023-05-12","6th-basel-arbitration-amp-crime-conference-updating-the-toolkit-2437","6th Basel Arbitration & Crime Conference: Updating the Toolkit","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fad8ab6a8-0c22-4d07-8c78-b7a930957196?width=1000&height=650&format=webp&quality=80",[],[14],[17,74],"Presentations",[],2437,[],[17,74],[],[],[23],[],"2023-05-12T07:28:55.000Z","3d9ff205-1640-4f34-b5b6-86977f51bbd6","2026-04-15T22:28:51.000Z",[],"\u002Fresources\u002Fnews\u002F6th-basel-arbitration-amp-crime-conference-updating-the-toolkit-2437",{"id":89,"body":90,"status":6,"type":91,"date":92,"slug":93,"title":94,"image":95,"countries":96,"topic":98,"activity":101,"tags":103,"nid":104,"topics":105,"activities":107,"authors":108,"images":110,"websites":111,"area":21,"programme":21,"language":21,"translations":112,"translation_of":21,"user_created":39,"date_created":113,"user_updated":84,"date_updated":114,"content":115,"link":116},9734,"Before joining the Basel Institute’s International Centre for Asset Recovery, [Tom Walugembe](https:\u002F\u002Fwww.baselgovernance.org\u002Fabout\u002Fpeople\u002Ftom-walugembe-0) was a Senior State Attorney at Uganda’s Office of the Director of Public Prosecutions. In this role, he secured the first ever money laundering conviction in Uganda in the case of _Uganda v Serwamba David Musoke and 6 Others_.\n\nThis landmark case blazes a trail not just for Uganda but for other countries to prosecute cases of money laundering and recover illicit assets.\n\nAs part of ICAR's efforts to encourage innovation and peer learning in the anti-corruption and asset recovery communities, we would like to share Tom's reflections on the case. His article raises considerations about what other anti-corruption practitioners and policymakers, especially in Africa, can take forward from it.\n\nThe short history of money laundering prosecutions in Uganda\n------------------------------------------------------------\n\nMoney laundering is the process of making large amounts of money generated through criminal activity appear to come from a legitimate source. In most countries, the conversion or transfer of proceeds of crime to disguise or conceal its illicit origin is criminalised as the offence of money laundering.\n\nIn 2013, Uganda passed the Anti-Money Laundering Act (AML Act). Prior to this, the offence of money laundering was not criminalised under Ugandan law. Uganda’s Financial Intelligence Authority (FIA) was only established in July 2014. There was very little knowledge about money laundering among police detectives, prosecutors and even judicial officers.\n\nAt the Office of the Director of Public Prosecutions, we quickly realised that the new AML Act could give us impetus in fighting organised crimes like corruption, terrorism, drug trafficking and human trafficking. However, for the first year no prosecutor dared to try it.\n\nIt was not until May 2015 that we decided to test the provisions of the Act in the case of _Uganda Versus Serwamba David Musoke and 6 Others_.\n\nAbout the case\n--------------\n\nThe complainant (Equity Bank Uganda Ltd) is a commercial bank in Uganda with subsidiaries throughout the East African region. The prime suspect, Serwamba David Musoke, was the operations manager of Equity Bank Oasis Mall Branch in Kampala.\n\nOn 28 and 29 March 2015, Serwamba colluded with various other conspirators to embezzle USD 1,450,000 from the accounts of two Southern Sudanese nationals. The money was withdrawn in three instalments using fake withdrawal slips by fraudsters who impersonated the real account holders and presented fake passports. Serwamba, the architect of the fraud, did not conduct biometric verification on the imposters before approving the withdrawal of the money, which the conspirators divided amongst themselves.\n\nOn 29 March 2015, some of the conspirators posted a video on WhatsApp with them posing with bundles of US dollars in their apartment. This video would later go viral and lead to the arrest of some of the conspirators. The fraud came to the Bank’s attention on 1 April 2015 when one of the real account holders in South Sudan went to transact at the Juba branch, and uncovered strange transactions on his bank account. The matter was immediately reported to the police in Kampala.\n\nA financial investigation was conducted to follow the money and recover the illicit assets. The financial investigation revealed the purchase of various assets:\n\n*   On 31 March 2015, one of the conspirators bought a Mercedes Benz 4matic 500 for USD 25,000 in cash, leaving it registered in the names of the seller.\n*   On 31 March 2015, the same conspirator purchased a plot of land in Buziga (a suburb of Kampala) for about UGX 100,000,000 (about USD 30,000) in cash. The sale agreement indicated the names of his mother as the purchaser.\n*   In mid-April 2015, the main conspirator, Serwamba, purchased a plot of land in Wakiso for UGX 110,000,000 (about USD 32,000) in cash. The sale agreement indicated the name of his girlfriend’s mother as the purchaser.\n*   In April 2015, Serwamba purchased a Mercedes Benz 4matic valued at UGX 80,000,000 (about USD 23,000), leaving it registered in the names of the seller.\n*   In the same month, Serwamba used UGX 8,000,000 (about USD 2,300) to clear taxes on a Toyota Corona. His girlfriend had imported the car for about UGX 16,000,000 (about USD 4,600) before the crime was committed.  \n*   In April 2015, Serwamba kept cash UGX 255,000,000 (about USD 73,000) in a closet at his brother’s home. The money was recovered during a police search. \n*   Investigations revealed that two of the conspirators went on holiday to Dubai in mid-April 2015, where they spent luxuriously.\n\nMost of the stolen money was not recovered.\n\nIn May 2017, seven of the conspirators were convicted for the offences of embezzlement, causing financial loss, forgery, conspiracy to defraud and money laundering. They were sentenced to varying prison terms between five to 12 years. The recovered properties were confiscated and forfeited to the complaint bank.\n\nThe accused were also ordered to compensate the complainant bank severally and jointly in an amount of USD 1,250,000,000. They appealed to the Court of Appeal, which appeal is yet to be fixed for hearing.\n\nLessons learned\n---------------\n\n### A prosecution-led strategy ensured meticulous investigation and correct procedures\n\nAs soon as the case was reported, the police quickly realised that it was essential to seek the advice of prosecutors from the onset. The Serwamba case, therefore, became a prosecution-led investigation case.\n\nThroughout the investigation, regular case management meetings were held between the police investigation team and prosecutors. At the meetings, evidence gathered would be reviewed, new investigation leads identified, and further investigation actions agreed upon. On occasion, police detectives would consult prosecutors by mobile phone calls for urgent advice.\n\nThe decision to adopt a prosecution-led investigation strategy ensured that the case was meticulously investigated; gathering all the relevant evidence while quickly discarding irrelevant information. It also ensured that police detectives did not ignore crucial legal procedures like securing search warrants and restraining orders against recovered properties.\n\n### A parallel investigation strategy enabled more targeted investigations into predicate offences and stolen assets\n\nAnother critical decision was to adopt a parallel investigation strategy. The investigation team was divided into two teams:\n\n*   One team was tasked to focus on investigating the predicate offences like embezzlement, causing financial loss and forgery.  \n*   The second team was tasked to simultaneously conduct a financial investigation with a view to following the money to identify the proceeds of crime for seizure and restraint.\n\nThis strategy was crucial to the recovery of a decent amount of illicit assets, and ultimately securing the money laundering conviction.\n\n### Having a large prosecution team helped to overcome challenges of long timescales and vast documentation\n\nBecause of their intricate nature, money laundering cases are bound to involve a vast quantity of documents and require a long time to prosecute. The Serwamba case took us at least two years to prosecute. It involved seven accused persons and about 10 defence lawyers. \n\nBecause the court had many other cases to try, it was inevitable that there were several adjournments. Even small details like determining hearing dates were problematic. During the hearing, the prosecution had to deal with an array of objections from the defence team.\n\nIn order to ensure that the prosecution did not become overwhelmed, we realised we needed to have a sizeable prosecution team. Accordingly, three prosecutors were assigned to handle this case. This also helped ensure continuity in case one of the prosecutors became unavailable.\n\n### The evidence of accomplices acting as prosecution witnesses was crucial\n\nCriminals will go to great lengths to prevent law enforcement authorities from recovering their illicit wealth. Inevitably, money laundering schemes involve a large number of conspirators. It is essential, therefore, for the prosecution to win over some of the conspirators to its side to achieve success.\n\nIn the Serwamba case, the prosecution made an informal agreement not to prosecute two of the participants on condition that they would testify as prosecution witnesses. The two accomplices had appeared in the WhatsApp video while posing with bundles of US dollar bills. They had also helped one of the prime suspects in identifying assets like vehicles and land for purchase.\n\nShortly before the trial, the prosecution also agreed to drop the charges against three other suspects on condition that they would testify against their co-conspirators. The use of accomplices was fundamental to the successful outcome of the case.\n\nThe use of accomplice evidence inevitably meets stiff resistance from defence lawyers. In the Serwamba case, the defence team ferociously attacked the credibility of the accomplice witnesses and contended that they were giving false testimony to avoid being prosecuted. However, it is up to the presiding judge to determine the reliability and relevance of the evidence of an accomplice.\n\n### Informal cooperation was valuable where formal mutual legal assistance (MLA) was not possible\n\nThe Serwamba case had a transnational dimension, considering that the money was withdrawn from accounts belonging to Southern Sudanese citizens, and domiciled in the Equity Bank Juba branch. It was necessary to interview the two account holders and some of the key staff at the Juba branch.\n\nThrough police-to-police cooperation, the assistance of the Southern Sudan Police was sought to record statements of the account holders. Although the two account holders confirmed that money had been fraudulently withdrawn from their accounts, they declined to record statements. Nevertheless, the Southern Sudan Police recorded statements from two bank employees at the Juba branch.\n\nDuring the trial, the testimony of these bank staffers could not be secured through formal MLA as neither Southern Sudan nor Uganda had any regulations or the technological capacity to allow video link testimonies at the time. (Uganda has since passed regulations to allow video link witness testimonies, and acquired the necessary technology in some of its courts.)\n\nFortunately, Equity Bank, using its resources, met the cost of flying the two bank employees to Kampala to testify during the trial. There is no doubt that in future cases, both informal and formal MLA will be critical.\n\nHow we overcame the challenges of asset management\n--------------------------------------------------\n\nIn most developing countries, asset management of proceeds of crime will be a significant challenge to the criminal justice system. In the Serwamba case, three major types of assets were recovered, namely cash, vehicles and land. Here is what we did and what we learned.\n\n### Cash\n\nUGX 255,000,000 (about USD 73,000) was recovered in a closet in the house of a brother of the main suspect, Serwamba. As soon as this recovery was made, the lead investigating officer contacted the prosecution on how to keep this exhibit. The fear was that it was too tempting to keep such a large amount of cash within the police station as poorly paid police officers could easily steal it.\n\nIt was decided that the money would be kept in a specially provided vault at the Bank of Uganda. In this case, the money was not only a recovered asset but also an exhibit. The money was photographed and kept in the same bag in which it had been recovered. The chain of custody was proved by producing all the correspondence concerning the storage of the money in the Central Bank. \n\nBased on this experience, we believe that if countries do not yet have guidelines concerning the safe custody of large amounts of cash recovered in money laundering cases, they should consider drafting them.\n\n### Vehicles\n\nFour motor vehicles were recovered in the Serwamba case. The storage of these vehicles was a challenge, as the police do not have a warehouse for that purpose. Consequently, the cars were driven to the Anti-Corruption Court parking yard where they spent about one and a half years.\n\nThe prosecution at some point contemplated selling the vehicles and keeping the proceeds on an escrow account pending the finding of the court. However, the cars were at the same time exhibits which needed to be produced before the court. There was also the risk of being sued by the accused persons if they were acquitted. Ultimately, the vehicles were forfeited to the complainant Bank, but their value had depreciated substantially.\n\nThis demonstrates that countries should consider establishing asset management facilities like warehouses where recovered properties such as vehicles can be safely stored. It is also advisable to adopt asset management guidelines, which may, among others, provide for the sale of such items before the conclusion of the trial to avoid their depreciation.\n\n### Land\n\nThe two pieces of land that were recovered in the Serwamba case were easier to manage since they were undeveloped. The prosecution secured restraint orders against the said plots and proceeded to place caveats on their titles. The plots were eventually confiscated and forfeited to the complainant Bank.\n\nHowever, managing other real estate properties like farms, commercial buildings, homes etc. is more challenging. Again, it is advisable for African countries to adopt guidelines to streamline their management.\n\n### Commingled assets\n\nOne of the vehicles in the Serwamba case had been imported at approximately UGX 16,000,000 (about USD 4,600) before the crime was committed. Serwamba then used UGX 8,000,000 (about USD 2,300) of the proceeds of crime to clear taxes for the vehicle, thus raising the complex issue of commingled assets.\n\nThe prosecution took the approach that the entire vehicle amounted to proceeds of crime while the defence argued that only the UGX 8,000,000 used to clear taxes on the vehicle was recoverable. The court, in this case, treated the entire car as proceeds of crime and ordered its confiscation.\n\nHow to handle commingled assets will depend on the facts of each case and the laws of each country in this regard.\n\nWider considerations for money laundering cases in Africa\n---------------------------------------------------------\n\n### Witness protection\n\nIn the Sewamba case, the prosecution had to rely on about five accomplices as prosecution witnesses. However, Uganda does not have a witness protection law or programme. The arrangement with these accomplices was therefore based on a “gentleman’s agreement”. The security of such witnesses is potentially at risk before and after the trial.\n\nThe use of accomplices as prosecution witnesses inevitably continues to be a common feature in money laundering prosecutions in Africa. However, only a few countries on the continent have witness protection laws and fully-fledged witness protection programmes.\n\nIf witness protection measures do not yet exist in a country, policy makers in that country should consider establishing them. Witness prosecution is an essential requirement for the successful prosecution of money laundering cases. \n\n### Digital forensics\n\nThe majority of money laundering cases inevitably make use of digital devices like mobile phones and laptops. The Serwamba case, for instance, involved a WhatsApp video with some of the conspirators posing with the recently stolen bundles of US dollars. It also involved a forged email purportedly sent by the Juba branch manager to Serwamba indicating that the two account holders were to make transactions in Kampala.\n\nThese aspects of the evidence were not subjected to digital forensics analysis. The digital forensics capacity of most African countries is still very low. It is important that African countries enhance their digital forensics capacity, as this will be an essential aspect in the successful prosecution of money laundering cases.\n\n### Regulation of cash purchases\n\nIn many African countries, it is still possible to purchase expensive commercial buildings or vehicles using cash. In the Serwamba case, the suspects paid for the plots of land and vehicles in cash. The use of cash to purchase such assets makes the investigation more complicated since it is difficult to follow the money trail.\n\nPolicy makers should consider establishing laws that require the purchase of assets like real estate and vehicles to be made through bank payments. Accordingly, the due diligence conducted by financial institutions before accepting such cash to be banked would be the first layer of protection.\n\nCriminals would therefore find it more difficult to launder their ill-gotten money, and following up the proceeds of crime would be easier.\n\n### Financial investigations training\n\nMoney laundering is still a relatively new concept to many stakeholders in the criminal justice system in Africa, an observation borne out during numerous ICAR training workshops. Moreover, effective financial investigations require the involvement of detectives with a broad skillset and the necessary training in financial investigations.\n\nTraining police detectives, prosecutors and judicial officers in asset recovery and financial investigations should be a recurrent activity.\n\nFind out more\n-------------\n\n*   View the full court judgement in the case of _[Uganda v Serwamba David Musoke and 6 Others](https:\u002F\u002Fulii.org\u002Fug\u002Fjudgment\u002Fhc-criminal-division\u002F2017\u002F100)_.\n*   View the [Ugandan Anti-Money Laundering Act 2013](https:\u002F\u002Fulii.org\u002Fsystem\u002Ffiles\u002Flegislation\u002Fact\u002F2013\u002F2013\u002FThe-Anti-money-Laundering-Act-2013.pdf).\n*   Find out more about the work of the [International Centre for Asset Recovery](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery) and the [ICAR training team](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery\u002Ftraining-programmes), of which Tom Walugembe is now a member.","Blog","2020-05-27","breaking-new-ground-prosecuting-the-first-money-laundering-case-in-uganda-1754","Breaking new ground: prosecuting the first money laundering case in Uganda","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F590cac34-405f-4b4f-8e1e-e900e0b11558?width=1000&height=650&format=webp&quality=80",[97],7419,[99,100],"Anti-Money Laundering","Asset Recovery",[102],"Insights",[],1754,[99,106],"Asset Recovery and Enforcement",[102],[109],1230,[],[23],[],"2022-05-26T22:54:56.000Z","2026-05-29T22:21:52.000Z",[],"\u002Fresources\u002Fnews\u002Fbreaking-new-ground-prosecuting-the-first-money-laundering-case-in-uganda-1754",{"id":118,"body":119,"status":6,"type":10,"date":120,"slug":121,"title":122,"image":123,"countries":124,"topic":125,"activity":128,"tags":130,"nid":134,"topics":135,"activities":136,"authors":137,"images":138,"websites":139,"area":21,"programme":21,"language":21,"translations":140,"translation_of":21,"user_created":39,"date_created":141,"user_updated":40,"date_updated":8,"content":142,"link":143},9570,"The Presidency of the G20 rotates each year between member countries, as does the leadership of the B20 – the G20’s voice of business.\n\nThe key issue of tackling corruption is picked up almost every year, but not always in the same way or using the same format. This can make it challenging to find historical information including past anti-corruption commitments and related recommendations.\n\nWith this in mind, the B20 Collective Action Hub has just launched a new information resource on the [B20 and anti-corruption](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub\u002Fb20-anti-corruption) that will evolve over the coming months and years.\n\nThe aim is to support the transition between B20 presidencies, and to ensure that the ongoing work on integrity and anti-corruption issues that spans multiple years is easily accessible to everyone.\n\n### About the B20 and anti-corruption resource\n\nLocated on our B20 Collective Action Hub, the information resource is designed to help all those involved in the B20 process, year after year, to:\n\n*   Easily understand how the B20 process works, through a set of Frequently Asked Questions\n*   Quickly view how the B20 has dealt with topics of anti-corruption, compliance, business integrity and Collective Action in the past, including relevant commitments\n*   Compare B20 recommendations on anti-corruption and Collective Action with G20 leaders’ statements\n*   Download previous B20 policy papers, G20 leaders’ communiqués and Action Plans of the G20 Anti-Corruption Working Group\n*   Read up on the B20, G20 and anti-corruption with a shortlist of recommended reading.\n\nIt covers all B20 Presidencies from South Korea in 2010 to Saudi Arabia in 2020.\n\n### Our support for the B20 on anti-corruption\n\nIn the current B20 process, led by Italy, the Basel Institute is once again a [Network Partner](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fbasel-institute-support-b20-italy-integrity-and-compliance-task-force-network-partner) participating in meetings of the Integrity and Compliance Taskforce.\n\nOur Managing Director Gretta Fenner will speak at the first B20-G20 Dialogue on 13 September, which focuses on “How to promote sustainable governance, increase transparency, fight corruption to enhance fair competition”.\n\nAs part of a panel on Responsible Conduct through the Procurement Cycle, she will explain the value of Collective Action approaches to procurement integrity, such as [High Level Reporting Mechanisms](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub\u002Fhrlm) and [Integrity Pacts](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub\u002Fintegrity-pacts).\n\n### Achieving continuity\n\nThe Siemens Integrity Initiative has supported the Basel Institute’s work with the B20 over many years and is generously providing funding for this new resource. The support dates back as far as 2013, when the B20 Russia mandated the Basel Institute to develop the [B20 Collective Action Hub](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub) in order to provide guidance, inspiration and information on anti-corruption Collective Action.\n\nAs it develops, we hope the new online B20 and anti-corruption resource will support the continuity and effectiveness of each new B20 cycle, giving stakeholders the information they need to understand past cycles and extract lessons learned.\n\nFeedback is very welcome, including through our dedicated Collective Action channels on Twitter [(@FightBribery](https:\u002F\u002Ftwitter.com\u002FFightBribery?lang=en)) and LinkedIn ([Collective Action at the Basel Institute](https:\u002F\u002Fwww.linkedin.com\u002Fcompany\u002Fbasel-institute-collective-action)).\n\n### [View the new resource on the B20 and anti-corruption](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub\u002Fb20-anti-corruption)","2021-09-08","promoting-anti-corruption-through-the-b20-process-new-online-resource-2088","Promoting anti-corruption through the B20 process – new online resource","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fd0c60d0a-0b1d-4abb-abf2-b69f551ed146?width=1000&height=650&format=webp&quality=80",[],[126,127],"Collective Action","Private Sector",[129],"Research",[131],{"tags_id":132},{"id":133,"name":126},909,2088,[126,127],[129],[],[],[23,126],[],"2022-05-26T22:52:38.000Z",[],"\u002Fresources\u002Fnews\u002Fpromoting-anti-corruption-through-the-b20-process-new-online-resource-2088",{"id":145,"body":146,"status":6,"type":10,"date":147,"slug":148,"title":149,"image":150,"countries":151,"topic":153,"activity":154,"tags":156,"nid":157,"topics":158,"activities":159,"authors":160,"images":161,"websites":162,"area":21,"programme":21,"language":21,"translations":163,"translation_of":21,"user_created":39,"date_created":164,"user_updated":84,"date_updated":165,"content":166,"link":167},9525,"Our International Centre for Asset Recovery (ICAR) training team was in the Kenyan capital Nairobi last week, delivering a Financial Investigations and Asset Recovery training course to a multi-agency group of officers responsible for anti-corruption and asset recovery.\n\nTwenty-one officials from the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP), the Assets Recovery Agency (ARA) and the Judiciary took part in the five-day training programme, which involved working together to solve a complex simulated money laundering investigation.\n\nThe [training](https:\u002F\u002Fbaselgovernance.org\u002Fasset-recovery\u002Ftraining-programmes) is part of a newly expanded programme to support Kenya’s multi-agency approach to fighting corruption, funded by the UK Foreign, Commonwealth and Development Office (FCDO). The programme, implemented through our new office in Nairobi, builds on and seeks to boost Kenya’s rapidly growing capabilities to investigate and prosecute corruption and recover illicit assets.\n\n### Strengthening every link in the anti-corruption chain\n\nBoth the training workshop and new programme have an important focus on inter-agency coordination in corruption and asset recovery cases.\n\nKenya’s EACC has been a key driver behind many of Kenya’s recent asset recovery successes, and is now widely regarded as one of Africa’s most successful anti-corruption agencies. Officers have recovered around USD 118 million (at current exchange rates) since 2014–2015, with a substantial increase in the last two years. This has allowed the Government to invest over USD 17.5 million in recovered funds to finance the country’s Covid-19 response. The President was able to [inform world leaders](https:\u002F\u002Fwww.un.org\u002Fpress\u002Fen\u002F2021\u002Fga12329.doc.htm) at the 2021 Special Session of the UN General Assembly Against Corruption of Kenya’s “upsurge in investigations, prosecutions and convictions for corruption”.\n\n### A fruitful collaboration through hands-on mentoring\n\nUK support has been pivotal in the EACC’s increased ability to investigate and prosecute corruption and to recover illicit assets, including through ICAR. Our cooperation with the EACC dates back to 2005, with an expert advisor embedded at the agency since 2014.\n\nThe EACC’s senior leadership recently confirmed that our hands-on mentoring has led to systemic changes and real progress in the EACC’s ability to prosecute corruption and recover the proceeds of corruption. “Financial profiling of suspects and financial investigations have been established as a permanent feature in every intelligence-gathering and investigations work plan”, they said. International cooperation has also seen a major boost, with 45 mutual legal assistance requests made to 20 jurisdictions between 2014 and 2020; evidence received has enabled important corruption cases that had stalled to recommence.\n\n### Training that brings a step change in capacity\n\nIn opening remarks Phillip Kagucia, the EACC's Deputy Director and Head of Asset Recovery, mentioned that he was:\n\n> _\"very fortunate to go through the same training conducted by the ICAR training team in 2012. It is no coincidence that soon after that the quality of investigations improved and, within no time, we began enjoying success in asset recovery. Part of the reason we were ultimately successful as EACC was due to our ability to provide an alternative method of financial analysis (Sources and Application) after the initial method (Bank Deposits) failed to persuade the court. This case crystallised the ingredients for forfeiture of unexplained assets in Kenya and opened the way for law enforcement agencies to recover assets that are the proceeds of corruption and other crimes”._\n\nParticipants commented on how the practical tests and group engagement helped their understanding, with one stating that the _\"following-the-leads exercise changed my mind on how I will be looking at cases.\"_ Another commended the multi-agency approach, stating that _\"it was a good forum to interact with other state agencies.\"_\n\n### Looking forward\n\nIn addition to building on these successful steps forward, the new UK-funded ICAR programme in Kenya seeks to strengthen other elements in the anti-corruption and asset recovery chain that have not received a comparable level of sustained support.\n\nThis includes capacity and coordination with other key agencies, including the ODPP, ARA and judiciary.","2022-03-03","boosting-inter-agency-coordination-on-anti-corruption-and-asset-recovery-in-kenya-2192","Boosting inter-agency coordination on anti-corruption and asset recovery in Kenya","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F9a412240-4c59-48b4-9d64-9259ab8bcc5f?width=1000&height=650&format=webp&quality=80",[152],7268,[100],[155],"Training",[],2192,[106],[155],[],[],[23],[],"2022-05-26T22:51:59.000Z","2026-05-29T22:21:39.000Z",[],"\u002Fresources\u002Fnews\u002Fboosting-inter-agency-coordination-on-anti-corruption-and-asset-recovery-in-kenya-2192",{"id":169,"body":170,"status":6,"type":10,"date":171,"slug":172,"title":173,"image":174,"countries":175,"topic":176,"activity":177,"tags":179,"nid":180,"topics":181,"activities":182,"authors":183,"images":184,"websites":185,"area":21,"programme":21,"language":21,"translations":186,"translation_of":21,"user_created":39,"date_created":187,"user_updated":84,"date_updated":188,"content":189,"link":190},9690,"Virtual training is helping to build networks and bridges between anti-corruption officials located in different countries – bridges that will help to improve regional coordination and cooperation in cases of financial crime.\n\nFor a real-life example, take last week’s online delivery of our flagship [Financial Investigations and Asset Recovery training programme](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery\u002Ftraining-programmes\u002Ffinancial-investigations-and-asset-recovery) in support of the [Commonwealth Africa Anti-Corruption Centre](http:\u002F\u002Fwww.thecaacc.org\u002F) (CAACC).\n\nUsing Zoom and our new [LEARN](https:\u002F\u002Flearn.baselgovernance.org\u002Fmy\u002F) platform, our [International Centre for Asset Recovery (ICAR) training team](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery\u002Ftraining-programmes) took 20 practitioners from various anti-corruption authorities in 10 countries through the intensive five-day course.\n\nThe participants were mainly investigators, prosecutors and forensic accountants from Botswana, Kenya, Mozambique, Mauritius, Ghana, Nigeria, Rwanda, Sierra Leone, Seychelles and South Africa. They were divided into four groups and encouraged to interact with one another in the interest of improving regional coordination and cooperation.\n\nBreakaway groups worked very successfully on the whole, with some technical difficulties from time to time. The final presentations by each group reflected how well practitioners from different countries had worked together. It was clear yet again that anti-corruption authorities benefit significantly where practitioners with different skillsets and qualifications work together in a multidisciplinary approach.\n\nPre- and post-training tests conducted via LEARN showed a 41 percent increase in correct answers.\n\n_“Excellent and rewarding”_ is a representative comment from the participants. One pointed out how useful it was that the ICAR trainers themselves have such deep and personal experience in _“doing the same as us – investigating and prosecuting offences of corruption and money laundering\"._\n\nAnother wished she’d had the opportunity to take this training 12 years ago when she first started working in the field of special investigations.\n\n### A taste for online learning?\n\nTechnical difficulties and a lack of experience with video conferencing and online training are common challenges for participants of ICAR training courses. But perhaps this kind of successful experience is a first step to overcoming the difficulties. One participant commented:\n\n_“I generally have a phobia for technology and this was my first experience with Zoom, but the facilitators and the CAACC staff made the whole experience very pleasant. I think I deserve an additional certificate. Proficiency in Zoom Certificate. Thank you so so much.”_\n\nThe participants expressed interest in the Basel Institute’s eLearning courses and were encouraged to use them, either as refresher courses (e.g. [Financial analysis using Excel](https:\u002F\u002Flearn.baselgovernance.org\u002Fcourse\u002Fview.php?id=9) or the [Source and Application](https:\u002F\u002Flearn.baselgovernance.org\u002Fcourse\u002Fview.php?id=17) method) or to learn new skills such as [visualising cases and flows of money using the free software yEd](https:\u002F\u002Flearn.baselgovernance.org\u002Fcourse\u002Fview.php?id=16).\n\nOur free, hands-on eLearning courses are now all located on [LEARN](https:\u002F\u002Flearn.baselgovernance.org\u002F). Simply register on the platform, choose a course and complete it to gain a certificate of completion.\n\n### About the Commonwealth Africa Anti-Corruption Centre (CAACC)\n\nThe CAACC is a non-profit organisation established in February 2013 in Gaborone, Botswana. It is a partnership between the Commonwealth Secretariat, the Government of Botswana (which is the host country) and the Heads of Anti-Corruption Agencies of the 18 Commonwealth African Countries: Botswana, Cameroon, The Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zambia.\n\nThe CAACC provides a platform for improving coordination between and strengthening the capacity of anti-corruption agencies in Commonwealth Africa. It does this through research, training and development, and communications and political affairs.\n\nICAR’s relationship with the CAACC dates back to 2013, in the very early days of the organisation’s existence. We were pleased to deliver an onsite training programme in August 2017 and are of course thrilled to be able to support the CAACC with this most recent regional training. Although, as one participant commented, _“face to face would be even better!”_","2020-08-26","building-bridges-for-anti-corruption-cooperation-in-africa-1840","Building bridges for anti-corruption cooperation in Africa","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F655f87dc-ee95-4582-896c-0ecbebd302e0?width=1000&height=650&format=webp&quality=80",[],[100],[155,178],"eLearning",[],1840,[106],[155,178],[],[],[23],[],"2022-05-26T22:54:21.000Z","2026-05-29T22:21:49.000Z",[],"\u002Fresources\u002Fnews\u002Fbuilding-bridges-for-anti-corruption-cooperation-in-africa-1840",{"id":192,"body":193,"status":6,"type":10,"date":194,"slug":195,"title":196,"image":197,"countries":198,"topic":199,"activity":200,"tags":201,"nid":202,"topics":203,"activities":204,"authors":205,"images":206,"websites":207,"area":21,"programme":21,"language":21,"translations":208,"translation_of":21,"user_created":39,"date_created":209,"user_updated":84,"date_updated":210,"content":211,"link":212},9919,"The Basel Institute on Governance has partnered with Zurich-based MME to offer a training course on blockchain, cryptocurrencies and anti-money laundering\u002Fcountering the financing of terrorism (AML\u002FCFT). The two-day course, [FinTech AML Compliance Training](https:\u002F\u002Fbaselgovernance.org\u002Fasset-recovery\u002Ftraining-programmes), covers the essentials of blockchain and how to adapt AML\u002FCFT processes to the FinTech industry.\n\n### Why is blockchain important?\n\nMoney laundering and terrorist financing activities have become increasingly facilitated by cryptocurrencies. Based on blockchain technologies, cryptocurrency platforms provide criminals with new options for transferring funds peer-to-peer outside of sight and beyond the regulatory reach of authorities.\n\nThe aim of the course is to help FinTech, RegTech and compliance professionals detect and prevent the use of cryptocurrencies for illicit activities. The hands-on workshop involves practical cases and exercises. Participants will quickly gain the knowledge and tools needed to develop new AML\u002FCFT policies and processes, or adapt existing ones, for the FinTech industry. The course is also suitable for other members of financial institutions and policy makers.\n\n### What does the course cover?\n\n*   Cryptocurrency and blockchain essentials\n*   Swiss and FATF recommendations applicable to cryptocurrencies\n*   Financial crime risks and prevention using blockchain analysis tools\n*   Key components of a FinTech AML program \n\n### Who are the trainers?\n\nChris Gschwend is a Senior Compliance Advisor at MME with 13 years of experience in implementing and auditing AML and trade compliance programmes in various industries.\n\nFederico Paesano is a Senior Financial Investigation Specialist at the Basel Institute on Governance. As a Chief Investigator for the Italian Financial Police, Federico led financial investigations for 14 years, focusing on corruption and money laundering. As part of the training team of the Basel Institute’s International Centre for Asset Recovery (ICAR), he delivers regular training courses around the world to investigators, prosecutors and other professionals working to tackle money laundering and financial crime.\n\n### Course details\n\n*   Target audience: Financial institutions and FinTech \u002F RegTech management, policy makers and compliance professionals\n*   Participants: 5 to 20\n*   Location: On-site at your location or in MME’s Zurich office\n*   Costs: Please contact us to discuss\n*   Format: Two day flexible course\n*   Certificate: Provided to participants present for the full duration of the training\n\n### Availability and dates\n\nWe offer courses on demand at MME's offices in Zurich or on the premises of individual companies.\n\n### How do I arrange a course?\n\nSimply contact [christine.gschwend@mme.ch](mailto:Christine.Gschwend@mme.ch) for more information and to check specific dates.","2018-11-27","blockchain-and-aml-training-for-fintech-and-compliance-professionals-11","Blockchain and AML training for FinTech and compliance professionals","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F0bb31436-12da-46c3-8c93-8860bc72e1ff?width=1000&height=650&format=webp&quality=80",[],[99,100],[155],[],11,[99,106],[155],[],[],[23],[],"2022-05-26T22:57:27.000Z","2026-05-29T22:22:04.000Z",[],"\u002Fresources\u002Fnews\u002Fblockchain-and-aml-training-for-fintech-and-compliance-professionals-11",{"id":214,"body":215,"status":6,"type":91,"date":216,"slug":217,"title":218,"image":219,"countries":220,"topic":221,"activity":222,"tags":223,"nid":228,"topics":229,"activities":230,"authors":231,"images":232,"websites":233,"area":21,"programme":21,"language":21,"translations":234,"translation_of":21,"user_created":39,"date_created":235,"user_updated":84,"date_updated":236,"content":237,"link":238},10494,"Shenaz Muzaffer, General Counsel of the [International Association of Prosecutors](https:\u002F\u002Fwww.iap-association.org\u002F), spoke at the [8th Global Conference on Criminal Finances and Cryptocurrencies](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fcryptocurrencies-and-financial-crime-strategic-approach-ensure-security) in a panel on “practical challenges in the investigation and prosecution of crypto-related financial crimes.” The two-day conference was co-organised by Europol and the Basel Institute on Governance and hosted by UNODC.\n\nThis Q&A takes up the main points of her intervention on prosecuting crypto-related cases.\n\n### Where do you see the main challenge for prosecutors in cases involving cryptocurrencies?\n\nCriminals are increasingly using crypto assets to facilitate the commission of their offences and to launder the proceeds of crime. Cryptocurrencies are being used to commit traditional crimes in new and innovative ways, as well as to commit new types of offences.\n\nTo continue to be able to meet those challenges, we – as prosecutors – have to evolve and adapt too. But we face a number of challenges, relating to both the investigation and the prosecution of crypto-related financial crimes.\n\nThe first challenge relates to the legislative framework in the jurisdictions in which we work. In many of our jurisdictions, if not in all, the relevant legislation was drafted prior to the invention of cryptocurrencies. We know that the first cryptocurrency was launched in 2009. But in the UK, for instance, the Fraud Act dates back to 2006, while the Proceeds of Crime Act is from 2002.\n\nThis means that, because of the way the legislation is drafted, it can’t always be readily applied to the prosecution of crypto-related financial crimes. We need to ask, for example, whether the definition of “property” within existing legislation is broad enough to encompass crypto assets. It’s not only a challenge for the prosecution, but also for when we are looking to recover assets.\n\nWe have to consider whether our legislative frameworks need to be revised or adapted to make sure that they are framed in a way which is broad and permissive enough so that we can capture these new types of offences and assets that we're dealing with. We must also ensure that we are cognisant of potential further changes that may arise in future and try, insofar as possible, to ensure that the legislation is sufficiently capable of encompassing them as well.\n\nEarlier this year, the UK introduced [legislation](https:\u002F\u002Fwww.gov.uk\u002Fgovernment\u002Fpublications\u002Feconomic-crime-and-corporate-transparency-act-2023-factsheets\u002Feconomic-crime-and-corporate-transparency-act-cryptoassets-legislation) that enables law enforcement to seize items such as memory sticks or written passwords, and also to transfer illegal crypto assets into a law enforcement wallet.\n\n### Crypto-related crimes are often transnational in nature – how does this affect investigators and prosecutors?\n\nWe all know that criminals don't respect jurisdictional boundaries and that crime is becoming increasingly international. So the second challenge from a prosecution point of view relates to jurisdictional issues.\n\nWe also all know that coordination between law enforcement agencies and prosecutors can be slow and cumbersome, and that the formal process of seeking mutual legal assistance (MLA) comes with its own set of challenges.\n\nAll these challenges reinforce the need for effective networks, both at a law enforcement and a prosecutorial level. It makes no sense for us to work in silos when we have to work across so many jurisdictions.\n\nThat is why organisations such as the [International Association of Prosecutors](https:\u002F\u002Fwww.iap-association.org\u002F) are absolutely critical. They enable prosecutors to build these necessary networks and facilitate formal and informal international cooperation.\n\n### How can law enforcement officers and prosecutors keep up with this fast-evolving topic?\n\nBlockchain technology is inherently complex and new innovations such as non-fungible tokens (NTFs) are going to make things even more complex and complicated. The technical complexity of the subject matter is a very practical challenge.\n\nConsequently, it can be very challenging for prosecutors to properly understand the evidence that is presented to them by law enforcement. It's often even more difficult for those working within the courts, where judges and juries responsible for deciding on the facts of a case may never have come across crypto assets before. As a result, it can be incredibly hard for them to properly understand the relevance and the importance of evidence that's put before them.\n\nThe solution, I would suggest, is twofold:\n\n*   For the prosecutors, there is an enhanced need for specialised training, so that we can properly understand the evidence we're presented with by investigators.\n*   For judges and juries, there’s a need to rely on experts that guide them through the process and help them understand the relevance of the evidence before them.\n\n### Does digital evidence pose particular challenges?\n\nYes, there are specific difficulties around the collection and preservation of the evidence. Digital evidence can be more easily altered. It can be encrypted. It can be deleted much more easily than other tangible forms of evidence.\n\nEstablishing a chain of custody – a chronological documentation or paper trail that records when, how and by whom a piece of evidence was collected, analysed, controlled, transferred or disposed during an investigation – can be challenging itself, not to mention the added complexity caused by the sheer volume of the material that we have to deal with.\n\nDeveloping standard operating procedures or guidelines for the identification, collection and extraction of digital evidence, in my view, is absolutely vital. The same goes for using new technology to understand the evidence that is presented to us. Of course, artificial intelligence or AI plays an important role in this.\n\nThe flipside is that we, as prosecutors, have to make sure that when we're using AI to interpret evidence, we are always cognisant of the need for transparency and accountability, and make sure that we are using AI responsibly.\n\n### What challenges do crypto-related financial crimes pose for asset recovery?\n\nAs practitioners we know that a case does not stop at the point of conviction. In fact, the investigation into the money side of things can often take longer than the investigation into the substantive crime itself.\n\nCrypto assets in particular can be moved very quickly at the touch of a button, which means that these assets can be very hard to trace and restrain. That also has a knock-on effect on public confidence because, if digital assets cannot be recovered and victims are not getting restitution, that impacts negatively on how they view the criminal justice system as a whole.\n\nOne potential mitigation relates to the point I previously made about legislative frameworks –what they permit us to do and the need for revision. Let’s take another example from the new UK legislation I mentioned. This allows us to authorise the sale of crypto assets in the same way as more tangible forms of evidence. It also gives the police the power to destroy crypto assets, where returning them to circulation is not conducive to the public good.\n\n### There’s no digital silver bullet, then?\n\nUnfortunately, there's no single solution that will address all the multiple challenges we’ve identified in both the investigation and prosecution of crypto-related financial crimes.\n\nInstead, we need a multi-pronged approach that includes enhanced training, the use of experts, expanded legislation, robust frameworks for evidence collection and, of course, more effective international cooperation.","2024-10-08","challenges-in-prosecuting-crypto-related-crimes-qampa-with-shenaz-muzaffer-2703","Challenges in prosecuting crypto-related crimes – Q&A with Shenaz Muzaffer","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F0f668f60-8e44-4f92-b77d-83812d6a5960?width=1000&height=650&format=webp&quality=80",[],[100],[17,102],[224],{"tags_id":225},{"id":226,"name":227},854,"Virtual assets",2703,[106],[17,102],[],[],[23],[],"2024-10-08T10:01:37.000Z","2026-05-29T22:22:33.000Z",[],"\u002Fresources\u002Fnews\u002Fchallenges-in-prosecuting-crypto-related-crimes-qampa-with-shenaz-muzaffer-2703",{"id":240,"body":241,"status":6,"type":10,"date":242,"slug":243,"title":244,"image":245,"countries":246,"topic":247,"activity":248,"tags":249,"nid":250,"topics":251,"activities":252,"authors":253,"images":254,"websites":255,"area":21,"programme":21,"language":21,"translations":256,"translation_of":21,"user_created":39,"date_created":257,"user_updated":84,"date_updated":258,"content":259,"link":260},10308,"The rapid expansion of anti-corruption Collective Action is offering businesses, governments and civil society groups powerful ways to enhance business integrity and create fair business conditions. What does Collective Action look like in practice? What benefits does it bring, what is success, and how do you measure it? And what should we expect from each other in these multi-stakeholder initiatives?\n\nA Basel Institute webinar on 19 October 2022 brought together four leading speakers in Collective Action to answer these questions and more from their own hands-on experience. Each represented a different stakeholder group commonly involved in anti-corruption Collective Action initiatives: government, the private sector, civil society and multilateral organisations.\n\nThe panel discussion built on insights from the [4th International Collective Action Conference and Awards](https:\u002F\u002Fcollective-action.com\u002Fget-involved\u002Fevents\u002Ficac-2022) in Basel. The conference summary highlights that our collective goal is the same: creating a clean, fair and sustainable business environment for all. But different stakeholders have very different incentives, contributions and expectations.\n\nThe Basel Institute’s Head of Private Sector [Vanessa Hans](https:\u002F\u002Fbaselgovernance.org\u002Fabout\u002Fpeople\u002Fvanessa-hans) moderated the discussion, which is available on [YouTube here](https:\u002F\u002Fwww.youtube.com\u002Fwatch?v=xIz3EIAbPXY).\n\n### Collective Action endorsed in key international standards\n\nVitor Geromel of the Anti-Corruption Division of the Directorate for Financial and Enterprise Affairs at the [OECD](https:\u002F\u002Fwww.oecd.org\u002Fdaf\u002F) highlighted the OECD’s endorsement of Collective Action in its [2021 Anti-Bribery Recommendation](https:\u002F\u002Fcollective-action.com\u002Fnews\u002Foecd-recommends-anti-corruption-collective-action-in-its-revised-anti-bribery-recommendation-2141).\n\nThe endorsement not only provides inspiration and guidance for those seeking effective ways to prevent and combat bribery through multi-stakeholder collaboration. It also means that the OECD Working Group on Bribery will from now on assess whether and how OECD member countries are incentivising and taking part in anti-corruption Collective Action as part of its rigorous [peer review mechanism](https:\u002F\u002Fwww.oecd.org\u002Fcorruption\u002Fcountrymonitoringoftheoecdanti-briberyconvention.htm). This is vital in making Collective Action a standard element in anti-corruption compliance and [state-led business integrity strategies](https:\u002F\u002Fcollective-action.com\u002Fexplore\u002Fpublications\u002F2199).\n\nThe endorsement also strengthens the OECD’s existing support for multi-stakeholder engagement on anti-corruption, which is built into its peer review process and the development of guidance products and studies.\n\nAn upcoming example is a new toolkit that provides guidance and success stories on the use of Collective Action to help small and medium-sized enterprises (SMEs) assess and mitigate their bribery risks. The toolkit is set to be released in November at the OECD’s Business Integrity Roundtable, which brings together representatives from the private sector, civil society, public authorities to openly discuss the challenges they face in implementing the OECD Anti-Bribery Convention.\n\n### Public-private learning and agility\n\nDaniela Santana Silva of the [Office of the Comptroller General of the Republic of Chile](https:\u002F\u002Fwww.contraloria.cl\u002F), shared her Office’s experiences in [developing Chile’s National Anti-Corruption Strategy](https:\u002F\u002Fwww.ceacgr.cl\u002FCEA\u002Fpdf\u002FDISMANTLING_210906.pdf), which endorses Collective Action. The strategy’s development itself involved wide-ranging public consultations to understand the main integrity concerns of all citizen and business groups.\n\nDaniela highlighted significant benefits for government entities, including comptroller generals or supreme audit institutions, engaging with the private sector on anti-corruption. It makes all of us more agile and ready to respond to fast-changing evolutions in how corruption is perpetrated, she said. It boosts information-sharing and results in anti-corruption policies that are more likely to be effective as they take into account everyone’s needs.\n\nShe also pointed to how public and private-sector entities can learn a lot from one another. Some elements of corporate anti-corruption compliance programmes and financial audit models can be replicated in the public sphere. Government-run whistleblowing protection mechanisms may offer lessons for companies seeking to strengthen reporting channels.\n\n### Setting up for success: lessons from Nigeria\n\nSoji Apampa of the [Convention on Business Integrity (CBi)](https:\u002F\u002Fwww.cbinigeria.com\u002F), a civil society organisation, shared real-life success stories of fighting corruption through Collective Action in Nigeria. His organisation’s collaboration with the [Maritime Anti-Corruption Network](https:\u002F\u002Fmacn.dk\u002F) to reduce bribe demands in Nigeria’s ports won the Basel Institute’s 2021 [Collective Action Award](https:\u002F\u002Fcollective-action.com\u002Fget-involved\u002Fevents\u002Ficac-2022\u002Fawards) for outstanding achievements.\n\nSoji explained how civil society organisations seeking to facilitate Collective Action could set themselves up for success. He stressed the need to make sure that everyone involved with or impacted by the Collective Action should be consulted. This will help you to align the activities of the Collective Action initiative with the interests of the stakeholders, he said, which is crucial to maintain engagement. And it follows that the initiative’s activities and immediate goals have to be narrowly focused – narrow enough to measure change and evaluate success.\n\nOn what is success, Soji stressed the difference between short-term improvements (such as a reduction in reports of bribery demands) and long-term change (such as the government’s inclusion of the initiative’s recommendations in regulations and standard operating procedures). To get there, civil society organisations need to find an issue narrow enough that really matters for stakeholders, get the right partners on side, and present data and evidence that shows the extent of the problem and the benefits of solving it.\n\n### Integrity community: how SMEs benefit from Collective Action\n\nVibeke Lyssand Leirvag, Managing Director of high-end jewellery company [Felicia Designs Ltd.](https:\u002F\u002Fwww.feliciadesign.com\u002Fabout-1), shared insights from her experience as a Norwegian building a 150-strong business in Thailand. SMEs are like small fish in the sea, she said: alone, they’re vulnerable but by joining together they can chase off the sharks.\n\nAs a member of the [Thai Collective Action Against Corruption](https:\u002F\u002Fcollective-action.com\u002Fexplore\u002Finitiatives\u002F1388), Vibeke explained that belonging to such an “integrity” community brings multiple benefits to an SME. It helps company leaders to build ethical values and practices into the company’s DNA, and to demonstrate that even small businesses benefit from operating with integrity.\n\nSharing experiences, accessing training, and learning from both peers and larger companies are invaluable, she said. And engagement in Collection Action, especially when its supported by a [certification](https:\u002F\u002Fcollective-action.com\u002Fexplore\u002Fcertification) scheme, can open up important access to business opportunities on international markets.\n\nShe urged larger businesses to use innovative Collective Action approaches to strengthen integrity along their supply chains and among the wider SME community. Practical things that really help are clear and easy-to-understand guidance and tools, and hands-on training to help SMEs pass audits and obtain certifications.\n\n### More\n\n*   Watch the webinar on [YouTube](https:\u002F\u002Fwww.youtube.com\u002Fwatch?v=xIz3EIAbPXY).\n*   To explore practical resources and a database of Collective Action initiatives, plus get free advice via the Basel Institute’s helpdesk, see the B20 Anti-Corruption Collective Action Hub at [collective-action.com](https:\u002F\u002Fcollective-action.com\u002F).\n*   To stay up to date with new developments in anti-corruption Collective Action and be notified of job or consulting opportunities, follow [@FightBribery](https:\u002F\u002Ftwitter.com\u002FFightBribery?lang=en) on Twitter and [Collective Action](https:\u002F\u002Fwww.linkedin.com\u002Fcompany\u002Fbasel-institute-collective-action) on LinkedIn and sign up to the Basel Institute’s new [Collective Action newsletter](https:\u002F\u002Fbaselgovernance.us18.list-manage.com\u002Fsubscribe?u=533ed2a4eb1d84dcb5c4a06b6&id=e90bd70d33).\n*   The organisers would like to thank the [Siemens Integrity Initiative](https:\u002F\u002Fnew.siemens.com\u002Fglobal\u002Fen\u002Fcompany\u002Fsustainability\u002Fcompliance\u002Fcollective-action.html) for its support.","2022-10-20","collective-action-set-up-for-success-practical-insights-on-enhancing-business-integrity-through-multi-stakeholder-collaboration-2294","Collective Action set up for success: practical insights on enhancing business integrity through multi-stakeholder collaboration","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F92c4d1e4-1c6c-45ca-83a7-1f51486365ea?width=1000&height=650&format=webp&quality=80",[],[126,127],[17,102,74],[],2294,[126,127],[17,102,74],[],[],[23,126],[],"2022-10-20T10:01:25.000Z","2026-04-27T21:01:58.000Z",[],"\u002Fresources\u002Fnews\u002Fcollective-action-set-up-for-success-practical-insights-on-enhancing-business-integrity-through-multi-stakeholder-collaboration-2294",{"id":262,"body":263,"status":6,"type":91,"date":264,"slug":265,"title":266,"image":267,"countries":268,"topic":269,"activity":271,"tags":274,"nid":277,"topics":278,"activities":279,"authors":280,"images":281,"websites":282,"area":21,"programme":21,"language":21,"translations":283,"translation_of":21,"user_created":39,"date_created":284,"user_updated":40,"date_updated":8,"content":285,"link":286},9675,"_A guest blog by William Loo, Senior Legal Analyst and Deputy Head of the OECD Anti-Corruption Division and Elisabeth Danon, Legal Analyst at the OECD Anti-Corruption Division._\n\nThe OECD has released a new [study](http:\u002F\u002Fwww.oecd.org\u002Fcorruption\u002Fanti-bribery\u002FTackling-bribe-solicitation-using-the-high-level-reporting-mechanism-for-preventing-bribery.pdf) on the ingredients for a successful High-Level Reporting Mechanism (HLRM).\n\nHLRMs were designed in 2012 by the Basel Institute on Governance, Transparency International and the OECD as a pragmatic instrument to resolve allegations of misconduct in government-funded projects. This flexible, non-legal tool allows the private sector to report issues to a high-level office that is external to the public entity where the problem has occurred. To date, HLRMs have been successfully deployed in Argentina and Colombia, with several other governments expressing interest.\n\nThe concept is simple, but has enormous potential to help fight corruption in many contexts. As companies have been increasingly vocal in seeking government support to address the demand for bribes by public officials, HLRMs can be particularly useful in regions and industries where corruption in public tendering is pervasive. For this reason, the OECD endeavoured to look into existing HLRMs to identify good practices, with a view to providing insights useful to countries that are considering developing their own version of this mechanism or, more generally, developing Collective Action to fight corruption.\n\nThe study is based on analyses and papers produced by the OECD and Basel Institute on Governance, publicly available information from the authorities that have implemented HLRMs in Colombia and Argentina, as well as personal interviews with relevant stakeholders. These included government representatives, HLRM committee experts, companies that participated in tenders in which HLRMs were deployed, representatives of civil society, academics, law firms and compliance organisations that were or could potentially be involved in HLRMs, representatives of multilateral development banks and representatives of international organisations.\n\nDetailed case studies of the mechanisms deployed in Argentina and Colombia, as well as feedback from stakeholders in Peru and Ukraine, are provided in the study, which found that:\n\n*   In order to be effective, an HLRM must fill an empirical gap in a country’s existing anti‑corruption framework and measures. Officials must wholeheartedly feel that an HLRM is needed to fill this gap, if they are to make the full commitment that is necessary for the mechanism to be successful.\n*   The authorities also need to believe that the HLRM is sufficiently effective to justify the investment in time, resources and energy in the implementation of the mechanism. Time and effort must therefore be devoted to convincing the officials implementing the mechanism of the HLRM’s effectiveness.\n*   A reporting mechanism must be truly high-level. The authority that will lead and guide the project must be carefully selected to ensure that a high-level authority oversees the HLRM. This feature is critical to ensure that the authority has enough power to compel the procuring entity to implement or even respond to the recommended measure. Evidence also suggests that without the involvement of a high-level official, an HLRM may not be used frequently.\n*   To ensure its credibility, the mechanism must be characterised by objectivity, fairness and integrity, and be perceived as such. An HLRM operated by an authority that is viewed as politically biased risks being seen as a self-serving instrument that purposefully fails to address complaints against officials or companies associated with the government.\n*   Sufficient expertise to assess reports and resolve the issues that may emerge is also critical for the mechanism to be relevant and efficient. This requires early identification of the types of reports that the HLRM may accept, as well as determining where adequate expertise may be found and its cost.\n*   Confidentiality at a minimum, if not also anonymity, is essential to protect the reporting person from reprisal. Anonymity encourages individuals to report, especially where whistleblowing is considered culturally unsuitable, or where the institutional safeguards to provide adequate protection to whistleblowers are non-existent or too weak.\n*   Raising the profile of an HLRM is vital for stakeholders to know that the mechanism is available, how it functions, and the issues that the mechanism is meant to solve. Without sufficient transparency and publicity, disgruntled companies are unlikely to know that the mechanism exists and thus turn to it to resolve corruption-related problems. In addition to practical information, communication should include information on how the reports are assessed under the mechanism. Finally, it is important to publicise the work and outcomes of the HLRM in order to create confidence and trust in the mechanism.\n*   Given the cost incurred by the deployment of an HLRM, adequate resources should be allocated to the mechanism, while still maintaining cost-effectiveness from the initial planning stages.\n\nIn addition to these elements, some participants suggested that the range of entities eligible to submit reports to an HLRM should be extended, for instance to include NGOs. Others opined that the HLRM should not be restricted to the tendering phase but continue through the implementation phase. Finally, some participants would consider it worthwhile to devote more effort to laying an explicit legal foundation for the HLRM when it is initially established to ensure that it cannot be torn down too easily.\n\nThe study concludes that as the Mechanism continues to be deployed in more projects and countries, it will be further tested in new contexts. New challenges will come up and new lessons will be learned that should shed more light on the essential ingredients for a successful HLRM, thus contributing to further refining the mechanism and deploying it in a larger number of countries.\n\n### Learn more\n\n*   Download the study: [Tackling Bribe Solicitation Using the High-Level Reporting Mechanism for Preventing Bribery](http:\u002F\u002Fwww.oecd.org\u002Fcorruption\u002Fanti-bribery\u002FTackling-bribe-solicitation-using-the-high-level-reporting-mechanism-for-preventing-bribery.pdf).\n*   See the [Basel Institute's online resource on HLRMs](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub\u002Fhrlm), including country case studies. \n*   See the [OECD’s web page on HLRMs](https:\u002F\u002Fwww.oecd.org\u002Fcorruption\u002Fhlrm.htm).","2020-09-24","new-oecd-study-on-how-to-implement-a-hlrm-for-clean-transparent-public-procurement-1867","New OECD study on how to implement a HLRM for clean, transparent public procurement","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F1f6ac8c2-c52f-4866-b63b-55756c158524?width=1000&height=650&format=webp&quality=80",[],[126,270,127],"HLRM",[129,272,273],"Reports","Partnerships",[275],{"tags_id":276},{"id":133,"name":126},1867,[126,270,127],[129,272,273],[],[],[23,126],[],"2022-05-26T22:54:09.000Z",[],"\u002Fresources\u002Fnews\u002Fnew-oecd-study-on-how-to-implement-a-hlrm-for-clean-transparent-public-procurement-1867",{"left":288,"top":288,"width":289,"height":289,"rotate":288,"vFlip":290,"hFlip":290,"body":291},0,20,false,"\u003Cpath fill=\"currentColor\" fill-rule=\"evenodd\" d=\"M17 10a.75.75 0 0 1-.75.75H5.612l4.158 3.96a.75.75 0 1 1-1.04 1.08l-5.5-5.25a.75.75 0 0 1 0-1.08l5.5-5.25a.75.75 0 1 1 1.04 1.08L5.612 9.25H16.25A.75.75 0 0 1 17 10\" clip-rule=\"evenodd\"\u002F>",1780676365339]