In an article published in the inaugural issue of the Bulletin of The International Academy of Financial Crime Litigators, Oscar Solorzano and Gretta Fenner analyse a recent decision of the Swiss Federal Supreme Court, which cleared the way for returning funds tied to corruption to Peru. The decision sets an important precedent for the use of non-conviction based forfeiture laws to recover illicit assets in the absence of a criminal conviction. This is a crucial step in the fight against global corruption.
This publication from the Wolfsberg Group is designed to provide guidance to the financial services industry on how to develop, implement, and maintain an effective Anti-Bribery & Corruption (ABC) Compliance Programme, and should be read in conjunction with applicable legislation, regulation, and guidance issued by authorities in the jurisdictions in which a financial institution conducts business. The overall objective of the Guidance is to promote a culture of ethical business practices and compliance with ABC legal and regulatory requirements.
It has taken nearly 20 years, but a decision by the Swiss Federal Supreme Court has cleared the way for the return of around USD 8.5 million in corruptly obtained assets to Peru. The money to be returned is part of a complex of cases linked to Vladimiro Montesinos, Head of Intelligence under former President Alberto Fujimori.
This case study describes how Switzerland is putting to test a rarely used but powerful law in order to confiscate assets connected to Ukraine’s 2014 Revolution of Dignity, with the aim of returning these to Ukraine.
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Publication
Case Study 4: The Russian arms dealer case
This case study explains how the Peruvian State used its non-conviction based forfeiture law, extinción de dominio, to recover a Swiss bank account containing illicit kickbacks paid for the purchase of war planes.
This case was the first of a series of cases between Peru and Switzerland involving Peru’s extinción de dominio law, which enables the confiscation of illicit assets in cases where a criminal conviction of an individual is not possible or desirable. It has paved the way for other proceedings, some of which are still pending in the tribunals.
Ukraine’s recovery will require billions of dollars – so leaders pledging reconstruction funds need to ensure Ukraine’s anti-corruption defences are up to the task. A joint opinion article by Gretta Fenner, Managing Director, Basel Institute on Governance and Andrii Borovyk, Executive Director, Transparency International Ukraine. View it in Ukrainian here.
Switzerland has launched administrative proceedings to confiscate over USD 100 million in assets linked to the regime of former Ukrainian president Viktor Yanukovych, with the ultimate aim of returning these to Ukraine.
The assets are held by a close associate of the former president, Yuriy Ivanyushchenko and his family. They have been frozen in Switzerland since Yanukovych was deposed in Ukraine’s 2014 Revolution of Dignity.
Within days of Russia’s illegal invasion of Ukraine, Western governments imposed unprecedented economic sanctions against the Russian state and certain Russian oligarchs. They are now working to identify and freeze assets linked to sanctioned individuals and entities – a magnificent challenge in itself.
Die Globalisierung im heutigen Umfang wäre ohne die Seefahrt nicht möglich, doch der Preis ist hoch: Die Seefahrt ist auf Kollisionskurs mit der Umwelt, sie ist nach wie vor gefährlich, die Besatzungen in See- und Binnenschifffahrt arbeiten oft unter prekären Bedingungen. Doch die Schweiz als viertgrösster Reedereistandort Europas will von den beachtlichen Herausforderungen der Schifffahrt kaum etwas wissen.
News
Mozambique’s tuna bonds scandal: yes it’s about money, but more than that – it’s about human lives
The so-called “tuna bond” corruption scandal in Mozambique has drawn international attention. Twenty people are facing corruption and money laundering charges in the country. Swiss bank Credit Suisse has agreed to pay USD 475 million in fines and write off USD 200 million in debt owed by Mozambique as part of a series of settlements with regulators in the US, UK and Switzerland for its role in the affair.