Enriquecimiento ilícito ofrece una guía completa sobre las leyes de enriquecimiento ilícito y su aplicación para perseguir los activos de procedencia inexplicable y recuperar las ganancias derivadas de la corrupción y otros delitos. El libro, de acceso libre, abarca tanto las leyes penales como las civiles de todo el mundo.

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.

This speech was given at a preparatory meeting for the UN General Assembly Special Session (UNGASS) against Corruption in 2021.

It deals with non-conviction based confiscation as a method to recover assets stolen through corruption, and how challenges in international cooperation in these cases can and should be overcome.

See Spotlight on non-conviction based confiscation at UNGASS preparatory meeting.

In this chapter of a report by Transparencia Venezuela, Estrategias jurídicas para la recuperación de activos venezolanos producto de la corrupción ("Legal strategies for recovering Venezuelan assets that are the proceeds of corruption"), Oscar Solórzano and Stefan Mbiyavanga devise asset recovery strategies in Swiss law from a practical angle. They also identify the most important authorities in all four phases of the asset recovery process: identification, seizure, confiscation and restitution. 

The amount of money flowing through mobile payment systems such as M-Pesa, MTN Mobile Money and Orange Money has exploded, in part due to covid-19 lockdowns. Should we be worried about the use of mobile money for financial crimes? 

In this quick guide, Andrew Dornbierer explains how mobile money could be abused for corruption and money laundering. Drawing on on-the-ground experience in Sub-Saharan Africa, he also outlines how law enforcement officers can take advantage of this widespread payment method to catch corruption and money laundering schemes and prove them in court. 

Mark Pieth, Founder of the Basel Institute on Governance and author of the book Gold Laundering, offers an insight into the risks of human rights and environmental harms in gold supply chains. Where are the risks and responsibilities?

Collective Action with gold refiners, suppliers and other stakeholders, he concludes, can help to clean up the industry.

Financial investigations are critical to proving crimes such as corruption, fraud and trafficking in humans or illicit goods. They are also central to confiscating illegally obtained assets from criminals – so that crime doesn’t pay. 

Yet there is often confusion about who performs financial investigations, how, when and why, as well as their relationship to criminal investigations. All of these questions are further complicated by the fact that different countries have different legal systems, different laws and different terminology. 

This quick guide by Phyllis Atkinson looks at how criminals manipulate and misuse corporate vehicles in offshore jurisdictions to launder money. It focuses on the meaning of "corporate vehicle" and "offshore" and other related concepts such as beneficial ownership. It also gives an example of how a trust, which is one common type of corporate vehicle in the vast "offshore ecosystem", can be used for illicit purposes.