A new guide to non-conviction based forfeiture published by GAFILAT, the Latin American body of the Financial Action Task Force (FATF) sets out good practices for this powerful but under-used form of asset recovery legislation. It also emphasises the need for laws to align with both domestic constitutions and international human rights standards.
Oscar Solórzano, Head of Latin America at the Basel Institute on Governance and Senior Asset Recovery Specialist at our International Centre for Asset Recovery, interviewed Dr Hamilton Castro Trigoso, Provincial Prosecutor of the First Provisional Provincial Prosecutor's Office for Extinción de dominio in Lima, on his experiences in investigating and enforcing asset confiscation judgements abroad.
In the first such case in the Americas, Peru has issued a judgement ordering the non-conviction based confiscation of over USD 1.5 million in assets frozen in Mexico.
The achievement adds to Peru’s substantial experience and jurisprudence involving its 2019 law of Extinción de dominio. The non-conviction based forfeiture (NCBF) law allows assets of illicit origin to be confiscated in a judicial procedure, even if a criminal conviction is not possible.
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Latin America’s model law on non-conviction based forfeiture of illicit assets turns 10 – what now?
A model law on non-conviction based forfeiture (NCBF), drafted 10 years ago by UNODC to support countries in Latin America in their efforts to recover stolen assets, will be updated following four days of intense discussions among practitioners and asset recovery experts from across the continent.
Twenty-five practitioners from 12 countries gathered online on 29 June for the first virtual meeting of the new Knowledge Community on Asset Recovery in Latin America.
An initiative of the Basel Institute’s International Centre for Asset Recovery, the regional Knowledge Community provides a collaborative space for interaction between leading practitioners in the field of asset recovery and international judicial cooperation in criminal matters.
Despite significant investment and anti-corruption capacity building in the past decades, "most systematically corrupt countries are considered to be just as corrupt now as they were before the anti-corruption interventions"(1). Statements like this are indicative of the frustration shared by practitioners and scholars alike at the apparent lack of success in controlling corruption worldwide and point to the need to rethink our understanding of the factors that fuel corruption and make it so hard to abate.
The Basel Institute’s contribution to the EU-funded ANTICORRP research consortium through the Work Package “The ethnographic study of corruption” (WP4) has come to a close with the acceptance by the European Commission of the second set of publications emanating from this research effort.
On 17 March 2016, the Basel Institute’s Head of Public Governance (Research) Division, Dr. Claudia Baez-Camargo, presented her paper ‘Where does informality stop and corruption begin?
Chapter 7 in Corruption in Public Administration: An Ethnographic Approach, edited by Davide Torsello.
Despite the growth in literature on political corruption, contributions from field research are still exiguous. This book, edited by Davide Torsello, provides a timely and much needed addition to current research, bridging the gap between macro level quantitative indicators of corruption and micro level qualitative evidence through an innovative ethnographic approach to the study of corruption and integrity in public administration.
This paper focuses on local understandings of corrupt practices among indigenous groups in rural areas of Mexico and links the exercise of particular communitarian practices and social norms among those groups to the effectiveness of social accountability mechanisms in the Mexican health sector.
This study was undertaken as part of the Basel Institute's contribution to ANTICORRP WP4 "the ethnographic study of corruption."