La Directive de l’Union européenne de 2024 relative au recouvrement et à la confiscation d'avoirs oblige les États membres, entre autres, à adopter des mesures législatives pour permettre la confiscation de la « fortune inexpliquée ».
This article is adapted from the 2024 Basel AML Index public report.
Sound like someone you know?
The 84-year-old who lost his life savings after receiving a panicked call from someone who sounded exactly like his granddaughter, saying she was in jail for drug possession and needed USD 10,000 for bail...
This article by Iker Lekuona explains the importance of asset recovery for crime prevention and highlights three vital aspects of international cooperation in corruption and asset recovery cases: informal cooperation mechanisms, trust and technical assistance.
Interpol has recently published its first Silver Notice to identify and trace assets owned by a senior member of the mafia at the request of Italian authorities.
The creation of such Silver Notices is a positive step that has the potential to reinforce one of the weakest aspects of the asset recovery process: the detection of illicit financial flows.
Publication
Policy Brief 14: Targeting unexplained wealth: Implications of the EU’s 2024 Directive on asset recovery
The European Union’s 2024 Directive on Asset Recovery and Confiscation obliges Member States to, among other things, introduce legislative measures to enable the confiscation of “unexplained wealth”.
This policy paper examines Article 16, which contains this obligation, and the powers and restrictions that Member States will need to include in such “unexplained wealth” measures to ensure compliance with the Directive.
El Basel Institute on Governance, como entidad internacional dedicada a promover la buena gobernanza y a combatir la corrupción, ha seguido de cerca los avances legislativos en materia de recuperación de activos en el Perú y en América Latina.
Congratulations to our partners at the Anti-Corruption Bureau and the Office of the Director of Public Prosecutions in Malawi, who moved swiftly and decisively to ensure that a prominent suspect in the infamous Cashgate corruption scandal was deprived from enjoying the fruits of his misdeeds.
Paul Mphwiyo’s disregard for bond terms set by the High Court enabled the State prosecutors to seek forfeiture of a house and cash bail in the sum of MK 18 million.
In an article published in the Fall 2024 issue of the Bulletin of the International Academy of Financial Crime Litigators, Oscar Solórzano describes an asset recovery case between Peru and Luxembourg involving a businessman named James Stone.
News
EU closes sanctions loophole and validates the confiscation of proceeds of sanctions violations
A recent judgment of the Court of Justice of the European Union (CJEU) addresses two significant weaknesses in the effectiveness of EU sanctions enforcement.
First, it makes it clear that an EU-wide ban on “brokering services” for military goods to or from Russia applies even when these goods do not physically enter EU territory.