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.

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.

Claims that Switzerland is “paternalistic” in its approach to returning stolen assets to their rightful countries are simplistic, argues Senior Asset Recovery Specialist Oscar Solórzano in this opinion article for Swiss news and information platform Swissinfo. The article is available on the Swissinfo site in German and Spanish.

What does the web of connections look like that underlies grand corruption and money laundering schemes and the abuse of offshore financial centres? Who are the people involved, how do they interact and what do they do?

And what insights can we draw by looking at complex corruption and money laundering schemes from the perspective of social networks, rather than solely individuals?

These questions are at the heart of a new analysis of the so-called Lava Jato or Odebrecht scandal that has engulfed Latin America.

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.

This case study describes the background, legal strategy and conclusion of a landmark case of non-conviction based confiscation in Peru that has enabled the successful confiscation of around one million dollars linked to terrorist financing.

The case relates to Nelly Marion Evans Risco, a British-Peruvian woman known popularly as “The Nun”. Evans held funds in a bank account in Switzerland that were intended to finance the Shining Path terrorist organisation, whose violent acts in the 1990s were responsible for an estimated 60,000 deaths in Peru.