FATF standards and asset recovery practice in Latin America and financial centres

This Policy Brief analyses emerging international standards aimed at addressing recurring challenges in judicial practice with regard to the enforcement of non-conviction based forfeiture orders issued by foreign states. It focuses in particular on the historical absence of a binding obligation on requested states to cooperate in such cases and, where cooperation is available, on the structural tension between direct and indirect enforcement models.

Lessons learned from Colombia–Guernsey cooperation

This Case Study analyses how Colombian authorities recovered assets linked to drug trafficking and held in a trust in Guernsey. It sets out the legal tools and procedures in Colombia and in Guernsey that enabled Colombia’s first international recovery under its non-conviction based forfeiture model Extinción de dominio. The Case Study highlights lessons for international cooperation between jurisdictions with different forfeiture systems or even legal traditions.

Investigators and prosecutors from the Malawi Police Service (MPS) have gained vital skills in financial investigations and asset recovery during a five-day intensive Financial Investigations and Asset Recovery training programme.

This is the first time our ICAR Training Team has been able to deliver in-person training since the start of the Covid-19 pandemic.

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.

At the opening of a five-day workshop in Malawi on Mutual Legal Assistance and the Misuse of Offshore Structures to Conceal Beneficial Ownership, the Honourable Justice Dr. Chifundo Kachale hit the nail on the head. Imprisonment alone is not enough, he said. Recovering the stolen assets sends a strong message that crime does not, and should not, pay.