I recently participated in a panel on the role of non-state actors in the recovery of stolen assets and proceeds of corruption at the 2020 International Anti-Corruption Conference, at which I presented the so-called “Russian arms dealer case”. The case is relatively small in monetary terms – around USD 700,000 plus interest – but hugely significant in terms of asset recovery efforts and international co-operation.
Peru’s Attorney General’s Office has recorded another successful use of its non-conviction based confiscation law, extinción de dominio, to recover stolen assets from abroad.
The case involves around USD 8.5 million plus interest frozen in a bank account in Switzerland since 2004. The assets derived from contracts for the purchase of overvalued MiG-29 and Sukhoi Su-25 aircraft during the government of Alberto Fujimori.
Oscar Solórzano participated in a virtual discussion with Ecuadorian legislators and other leading asset recovery experts from across Latin America on 2 September. The topic: Non-conviction-based confiscation legislation as a tool to recover assets arising from corruption.
Opening remarks and a presentation of key concepts by Oscar Solórzano at the side event “Living up to the spirit of articles 43 and 46 UNCAC” during the eighth session of the Conference of the States Parties to the United Nations Convention against Corruption, Abu Dhabi, 16-20 December 2019.
Ladies and gentlemen, let me please welcome you to the side event “Living up to the spirit of articles 43 and 46 UNCAC”.
The following briefing notes are taken from the concept note for a side event at the Conference of States Parties (COSP) in Abu Dhabi on 20 December 2019.
A high-profile asset recovery case in Peru is putting the country’s new legislation on non-conviction-based confiscation (Extinción de Dominio) to the test.
The new Extinción de Dominio legislation, which roughly translates as "extinction of possession", allows stolen assets to be recovered even if the asset holder cannot formally be convicted of a crime. Introduced in August 2018, it enables the recovery of assets from foreign bank accounts whose owners, for example, are now dead or have absconded.
The High Court of Piura in northwestern Peru has announced it will set up a specialised court for cases relating to a new law on extinción de dominio (which roughly translates as "extinction of possession"), a form of non-conviction-based asset forfeiture.