Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets
Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce p...
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| Format: | Publication |
| Language: | English en_US |
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Washington, DC: World Bank
2014
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| Subjects: | |
| Online Access: | http://documents.worldbank.org/curated/en/2014/01/20306383/public-wrongs-private-actions-civil-lawsuits-recover-stolen-assets http://hdl.handle.net/10986/20456 |
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okr-10986-20456 |
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| recordtype |
oai_dc |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
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World Bank Open Knowledge Repository |
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World Bank |
| language |
English en_US |
| topic |
ABUSE ABUSES ACT OF CORRUPTION ADMINISTRATIVE LAW AGENCY PROBLEM ANTI-BRIBERY ANTI-CORRUPTION ANTIBRIBERY ANTIBRIBERY LAWS ANTICORRUPTION ANTICORRUPTION AGENCIES ANTICORRUPTION COMMISSIONS ANTICORRUPTION LEGISLATION ASSETS AUTHORITY BANKS BEST PRACTICES BREACH OF CONTRACT BRIBE BRIBE PAYER BRIBE PAYERS BRIBERY BRIBERY CASES BRIBES BUSINESSMAN CASE LAW CHAPTER 7 CIVIL LAW CIVIL LAW JURISDICTIONS CIVIL LIABILITY CIVIL LITIGATION CIVIL PROCEDURES CIVIL SOCIETY CIVIL SOCIETY ORGANIZATIONS CLAIM CLAIM FOR DAMAGES CLAIMANT CLAIMANTS CODES COLLATERAL COMMON LAW COMMON LAW COUNTRIES COMMON LAW JURISDICTIONS COMMON LAW SYSTEMS COMPARATIVE LAW COMPENSATION COMPENSATION OF DAMAGES COMPLAINTS CONCEALMENT OF ASSETS CONCESSION CONCESSIONS CONFIDENCE CONFISCATION ORDER CONFISCATION ORDERS CONFLICT OF INTEREST CONTRACTUAL TERMS COPYRIGHT CORRUPT CORRUPT ACTIONS CORRUPT ACTS CORRUPT OFFICIAL CORRUPT OFFICIALS CORRUPT PRACTICES CORRUPTION COURT DECISION COURT OF APPEALS COURT OF JUSTICE COURT PROCEEDINGS CRIME CRIME CONTROL CRIMES CRIMINAL CRIMINAL ACTION CRIMINAL ACTS CRIMINAL CODES CRIMINAL INVESTIGATION CRIMINAL INVESTIGATIONS CRIMINAL LAW CRIMINAL LIABILITY CRIMINAL PENALTIES CRIMINAL PROCEDURE CRIMINAL PROCEDURES CRIMINAL PROSECUTIONS CRIMINAL PUNISHMENTS CRIMINOLOGY CRONIES DEPOSIT DIFFERENT LEGAL SYSTEMS DISCLOSURE OBLIGATIONS DOMESTIC LAW ECONOMIC AND FINANCIAL CRIMES COMMISSION ECONOMIC CRIME ECONOMIC CRIMES ECONOMIC DEVELOPMENT EMBEZZLEMENT EQUITABLE REMEDY ESTATE ESTATE AGENTS EU EUROPEAN UNION FIGHT AGAINST CORRUPTION FINANCIAL ASSETS FINANCIAL CRIMES FINANCIAL INSTITUTION FINANCIAL MARKET FINANCIAL SERVICES FINES FOREIGN BANK FOREIGN BANK ACCOUNT FOREIGN CORRUPT PRACTICES FOREIGN CORRUPT PRACTICES ACT FOREIGN COURT FOREIGN COURTS FOREIGN LAW FORFEITURE FORGERY FRAUD FRAUDULENT ACTIVITIES FRAUDULENT ACTIVITY FRAUDULENT BEHAVIOR GOOD FAITH GRAND CORRUPTION HOME HUMAN RIGHTS IMPRISONMENT INITIATIVE INJUNCTIONS INSOLVENCY INSOLVENCY PROCEEDINGS INSURANCE INTEGRITY INTERNATIONAL INSTRUMENTS INTERNATIONAL LAW INTERNATIONAL TREATIES INVESTIGATING MAGISTRATE INVESTIGATION INVESTIGATIONS INVESTIGATORS INVESTMENT CLIMATE JUDGE JUDGES JUDGMENT JUDGMENTS JUDICIAL ACTION JUDICIAL AUTHORITIES JURISDICTION JURISDICTIONS JUSTICE KICKBACKS LAW FIRM LAW FIRMS LAWS LAWYER LAWYERS LEGAL ACTION LEGAL ACTIONS LEGAL ADVICE LEGAL ENTITIES LEGAL FEES LEGAL FRAMEWORK LEGAL PERSON LEGAL PERSONS LEGAL PROCEEDINGS LEGAL PROCESS LEGAL REMEDIES LEGAL RIGHTS LEGAL SERVICES LEGAL STATUS LEGAL SYSTEMS LEGAL THEORIES LEGAL THEORY LIABILITY LITIGATION LOCAL LAWS LOSS OF VALUE MARKET VALUE MINISTERS MISAPPROPRIATION MONETARY SANCTIONS MONEY LAUNDERING MULTINATIONAL MUTUAL LEGAL ASSISTANCE NATIONAL LEGISLATION NEGLIGENCE OFFENDER OFFENSE OFFENSES ORGANIZED CRIME PARTICULAR ASSET PARTICULAR ASSETS PENALTIES PENALTY PERSONAL GAIN POLICE POLITICIAN PREFERENTIAL PREFERENTIAL TREATMENT PRISON PRIVATE GAIN PRIVATE INVESTMENT PRIVATE LAWYERS PRIVATE PARTIES PROCUREMENT PROCUREMENT PROCEDURES PROPERTY LAW PROPRIETARY CLAIM PROSECUTION PROSECUTIONS PROSECUTOR PROSECUTORS PUBLIC FUNDS PUBLIC OFFICIAL PUBLIC OFFICIALS PUNISHMENT RACKETEERING RECEIVER RECEIVERSHIP REMEDIES REMEDY REPATRIATION RESTITUTION OF ASSETS RULINGS SCANDALS SETTLEMENT SPECIFIC ASSET SPECIFIC ASSETS STEALING THEFTS TITLE TRANSFER OF ASSETS TRANSPARENCY TRIAL TRUSTEE TRUSTEES UNJUST ENRICHMENT VICTIMS VIOLATIONS WIFE WILL |
| spellingShingle |
ABUSE ABUSES ACT OF CORRUPTION ADMINISTRATIVE LAW AGENCY PROBLEM ANTI-BRIBERY ANTI-CORRUPTION ANTIBRIBERY ANTIBRIBERY LAWS ANTICORRUPTION ANTICORRUPTION AGENCIES ANTICORRUPTION COMMISSIONS ANTICORRUPTION LEGISLATION ASSETS AUTHORITY BANKS BEST PRACTICES BREACH OF CONTRACT BRIBE BRIBE PAYER BRIBE PAYERS BRIBERY BRIBERY CASES BRIBES BUSINESSMAN CASE LAW CHAPTER 7 CIVIL LAW CIVIL LAW JURISDICTIONS CIVIL LIABILITY CIVIL LITIGATION CIVIL PROCEDURES CIVIL SOCIETY CIVIL SOCIETY ORGANIZATIONS CLAIM CLAIM FOR DAMAGES CLAIMANT CLAIMANTS CODES COLLATERAL COMMON LAW COMMON LAW COUNTRIES COMMON LAW JURISDICTIONS COMMON LAW SYSTEMS COMPARATIVE LAW COMPENSATION COMPENSATION OF DAMAGES COMPLAINTS CONCEALMENT OF ASSETS CONCESSION CONCESSIONS CONFIDENCE CONFISCATION ORDER CONFISCATION ORDERS CONFLICT OF INTEREST CONTRACTUAL TERMS COPYRIGHT CORRUPT CORRUPT ACTIONS CORRUPT ACTS CORRUPT OFFICIAL CORRUPT OFFICIALS CORRUPT PRACTICES CORRUPTION COURT DECISION COURT OF APPEALS COURT OF JUSTICE COURT PROCEEDINGS CRIME CRIME CONTROL CRIMES CRIMINAL CRIMINAL ACTION CRIMINAL ACTS CRIMINAL CODES CRIMINAL INVESTIGATION CRIMINAL INVESTIGATIONS CRIMINAL LAW CRIMINAL LIABILITY CRIMINAL PENALTIES CRIMINAL PROCEDURE CRIMINAL PROCEDURES CRIMINAL PROSECUTIONS CRIMINAL PUNISHMENTS CRIMINOLOGY CRONIES DEPOSIT DIFFERENT LEGAL SYSTEMS DISCLOSURE OBLIGATIONS DOMESTIC LAW ECONOMIC AND FINANCIAL CRIMES COMMISSION ECONOMIC CRIME ECONOMIC CRIMES ECONOMIC DEVELOPMENT EMBEZZLEMENT EQUITABLE REMEDY ESTATE ESTATE AGENTS EU EUROPEAN UNION FIGHT AGAINST CORRUPTION FINANCIAL ASSETS FINANCIAL CRIMES FINANCIAL INSTITUTION FINANCIAL MARKET FINANCIAL SERVICES FINES FOREIGN BANK FOREIGN BANK ACCOUNT FOREIGN CORRUPT PRACTICES FOREIGN CORRUPT PRACTICES ACT FOREIGN COURT FOREIGN COURTS FOREIGN LAW FORFEITURE FORGERY FRAUD FRAUDULENT ACTIVITIES FRAUDULENT ACTIVITY FRAUDULENT BEHAVIOR GOOD FAITH GRAND CORRUPTION HOME HUMAN RIGHTS IMPRISONMENT INITIATIVE INJUNCTIONS INSOLVENCY INSOLVENCY PROCEEDINGS INSURANCE INTEGRITY INTERNATIONAL INSTRUMENTS INTERNATIONAL LAW INTERNATIONAL TREATIES INVESTIGATING MAGISTRATE INVESTIGATION INVESTIGATIONS INVESTIGATORS INVESTMENT CLIMATE JUDGE JUDGES JUDGMENT JUDGMENTS JUDICIAL ACTION JUDICIAL AUTHORITIES JURISDICTION JURISDICTIONS JUSTICE KICKBACKS LAW FIRM LAW FIRMS LAWS LAWYER LAWYERS LEGAL ACTION LEGAL ACTIONS LEGAL ADVICE LEGAL ENTITIES LEGAL FEES LEGAL FRAMEWORK LEGAL PERSON LEGAL PERSONS LEGAL PROCEEDINGS LEGAL PROCESS LEGAL REMEDIES LEGAL RIGHTS LEGAL SERVICES LEGAL STATUS LEGAL SYSTEMS LEGAL THEORIES LEGAL THEORY LIABILITY LITIGATION LOCAL LAWS LOSS OF VALUE MARKET VALUE MINISTERS MISAPPROPRIATION MONETARY SANCTIONS MONEY LAUNDERING MULTINATIONAL MUTUAL LEGAL ASSISTANCE NATIONAL LEGISLATION NEGLIGENCE OFFENDER OFFENSE OFFENSES ORGANIZED CRIME PARTICULAR ASSET PARTICULAR ASSETS PENALTIES PENALTY PERSONAL GAIN POLICE POLITICIAN PREFERENTIAL PREFERENTIAL TREATMENT PRISON PRIVATE GAIN PRIVATE INVESTMENT PRIVATE LAWYERS PRIVATE PARTIES PROCUREMENT PROCUREMENT PROCEDURES PROPERTY LAW PROPRIETARY CLAIM PROSECUTION PROSECUTIONS PROSECUTOR PROSECUTORS PUBLIC FUNDS PUBLIC OFFICIAL PUBLIC OFFICIALS PUNISHMENT RACKETEERING RECEIVER RECEIVERSHIP REMEDIES REMEDY REPATRIATION RESTITUTION OF ASSETS RULINGS SCANDALS SETTLEMENT SPECIFIC ASSET SPECIFIC ASSETS STEALING THEFTS TITLE TRANSFER OF ASSETS TRANSPARENCY TRIAL TRUSTEE TRUSTEES UNJUST ENRICHMENT VICTIMS VIOLATIONS WIFE WILL Brun, Jean Pierre Dubois, Pascale Helene van der Does de Willebois, Emile Hauch, Jeanne Jaïs, Sarah Mekki, Yannis Sotiropoulou, Anastasia Sylvester, Katherine Rose Uttamchandani, Mahesh Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets |
| description |
Corruption and thefts of public assets
harm a diffuse set of victims, weakens confidence in public
institutions, damages the private investment climate, and
threatens the foundations of the society as a whole. In
developing countries with scarce public resources, the cost
of corruption is an impediment to development: developing
countries lose between US$20 to US$40 billion each year
through bribery, misappropriation of funds, and other
corrupt practices. Corruption is by no means a
"victimless crime." This study aims to explore
the standing of States and Government entities as victims
and the possible recourse to private actions to redress
public wrongs. States and Government entities may act as
private litigants and bring civil suits to recover assets
lost to corruption. The goal of this work is to promote
knowledge and understanding as well as to increase the use
of civil remedies and private lawsuits to recover stolen
assets in the context of the United Nations Convention
against Corruption (UNCAC) offences. The UNCAC, the global
standard for the fight against corruption, does not contain
a legal definition of corruption itself but lists an array
of offences, including public and private sector bribery and
the embezzlement of public and private sector funds. The
study will mainly focus on these two types of corruption,
namely bribery and embezzlement of funds. This study is not
intended in any way to minimize the importance of criminal
proceedings and confiscation in addressing acts of
corruption. Rather, it will show that civil law remedies
can effectively complement criminal penalties by attacking
the economic base of corrupt activities both in the public
and the private sectors. In fact, given the magnitude of
the challenges, all avenues of asset recovery, be they
criminal or civil, should be explored simultaneously in
order to tackle corruption from each and every angle and
achieve the goals of deterrence and enforcement. Hence,
while criminal law expresses society's disapproval of
the corrupt acts and aims at dissuasion, punishment, and
confiscation of illicit proceeds, civil law focuses on
victims' interests and aims at compensation and
restitution. These procedures may occur sometimes in
parallel, sometimes sequentially. An effective response to
corruption very often requires concomitant use of both
criminal and civil law remedies to achieve the desired result. |
| format |
Publications & Research :: Publication |
| author |
Brun, Jean Pierre Dubois, Pascale Helene van der Does de Willebois, Emile Hauch, Jeanne Jaïs, Sarah Mekki, Yannis Sotiropoulou, Anastasia Sylvester, Katherine Rose Uttamchandani, Mahesh |
| author_facet |
Brun, Jean Pierre Dubois, Pascale Helene van der Does de Willebois, Emile Hauch, Jeanne Jaïs, Sarah Mekki, Yannis Sotiropoulou, Anastasia Sylvester, Katherine Rose Uttamchandani, Mahesh |
| author_sort |
Brun, Jean Pierre |
| title |
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets |
| title_short |
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets |
| title_full |
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets |
| title_fullStr |
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets |
| title_full_unstemmed |
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets |
| title_sort |
public wrongs, private actions : civil lawsuits to recover stolen assets |
| publisher |
Washington, DC: World Bank |
| publishDate |
2014 |
| url |
http://documents.worldbank.org/curated/en/2014/01/20306383/public-wrongs-private-actions-civil-lawsuits-recover-stolen-assets http://hdl.handle.net/10986/20456 |
| _version_ |
1764445419393253376 |
| spelling |
okr-10986-204562021-06-14T10:18:39Z Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets Brun, Jean Pierre Dubois, Pascale Helene van der Does de Willebois, Emile Hauch, Jeanne Jaïs, Sarah Mekki, Yannis Sotiropoulou, Anastasia Sylvester, Katherine Rose Uttamchandani, Mahesh ABUSE ABUSES ACT OF CORRUPTION ADMINISTRATIVE LAW AGENCY PROBLEM ANTI-BRIBERY ANTI-CORRUPTION ANTIBRIBERY ANTIBRIBERY LAWS ANTICORRUPTION ANTICORRUPTION AGENCIES ANTICORRUPTION COMMISSIONS ANTICORRUPTION LEGISLATION ASSETS AUTHORITY BANKS BEST PRACTICES BREACH OF CONTRACT BRIBE BRIBE PAYER BRIBE PAYERS BRIBERY BRIBERY CASES BRIBES BUSINESSMAN CASE LAW CHAPTER 7 CIVIL LAW CIVIL LAW JURISDICTIONS CIVIL LIABILITY CIVIL LITIGATION CIVIL PROCEDURES CIVIL SOCIETY CIVIL SOCIETY ORGANIZATIONS CLAIM CLAIM FOR DAMAGES CLAIMANT CLAIMANTS CODES COLLATERAL COMMON LAW COMMON LAW COUNTRIES COMMON LAW JURISDICTIONS COMMON LAW SYSTEMS COMPARATIVE LAW COMPENSATION COMPENSATION OF DAMAGES COMPLAINTS CONCEALMENT OF ASSETS CONCESSION CONCESSIONS CONFIDENCE CONFISCATION ORDER CONFISCATION ORDERS CONFLICT OF INTEREST CONTRACTUAL TERMS COPYRIGHT CORRUPT CORRUPT ACTIONS CORRUPT ACTS CORRUPT OFFICIAL CORRUPT OFFICIALS CORRUPT PRACTICES CORRUPTION COURT DECISION COURT OF APPEALS COURT OF JUSTICE COURT PROCEEDINGS CRIME CRIME CONTROL CRIMES CRIMINAL CRIMINAL ACTION CRIMINAL ACTS CRIMINAL CODES CRIMINAL INVESTIGATION CRIMINAL INVESTIGATIONS CRIMINAL LAW CRIMINAL LIABILITY CRIMINAL PENALTIES CRIMINAL PROCEDURE CRIMINAL PROCEDURES CRIMINAL PROSECUTIONS CRIMINAL PUNISHMENTS CRIMINOLOGY CRONIES DEPOSIT DIFFERENT LEGAL SYSTEMS DISCLOSURE OBLIGATIONS DOMESTIC LAW ECONOMIC AND FINANCIAL CRIMES COMMISSION ECONOMIC CRIME ECONOMIC CRIMES ECONOMIC DEVELOPMENT EMBEZZLEMENT EQUITABLE REMEDY ESTATE ESTATE AGENTS EU EUROPEAN UNION FIGHT AGAINST CORRUPTION FINANCIAL ASSETS FINANCIAL CRIMES FINANCIAL INSTITUTION FINANCIAL MARKET FINANCIAL SERVICES FINES FOREIGN BANK FOREIGN BANK ACCOUNT FOREIGN CORRUPT PRACTICES FOREIGN CORRUPT PRACTICES ACT FOREIGN COURT FOREIGN COURTS FOREIGN LAW FORFEITURE FORGERY FRAUD FRAUDULENT ACTIVITIES FRAUDULENT ACTIVITY FRAUDULENT BEHAVIOR GOOD FAITH GRAND CORRUPTION HOME HUMAN RIGHTS IMPRISONMENT INITIATIVE INJUNCTIONS INSOLVENCY INSOLVENCY PROCEEDINGS INSURANCE INTEGRITY INTERNATIONAL INSTRUMENTS INTERNATIONAL LAW INTERNATIONAL TREATIES INVESTIGATING MAGISTRATE INVESTIGATION INVESTIGATIONS INVESTIGATORS INVESTMENT CLIMATE JUDGE JUDGES JUDGMENT JUDGMENTS JUDICIAL ACTION JUDICIAL AUTHORITIES JURISDICTION JURISDICTIONS JUSTICE KICKBACKS LAW FIRM LAW FIRMS LAWS LAWYER LAWYERS LEGAL ACTION LEGAL ACTIONS LEGAL ADVICE LEGAL ENTITIES LEGAL FEES LEGAL FRAMEWORK LEGAL PERSON LEGAL PERSONS LEGAL PROCEEDINGS LEGAL PROCESS LEGAL REMEDIES LEGAL RIGHTS LEGAL SERVICES LEGAL STATUS LEGAL SYSTEMS LEGAL THEORIES LEGAL THEORY LIABILITY LITIGATION LOCAL LAWS LOSS OF VALUE MARKET VALUE MINISTERS MISAPPROPRIATION MONETARY SANCTIONS MONEY LAUNDERING MULTINATIONAL MUTUAL LEGAL ASSISTANCE NATIONAL LEGISLATION NEGLIGENCE OFFENDER OFFENSE OFFENSES ORGANIZED CRIME PARTICULAR ASSET PARTICULAR ASSETS PENALTIES PENALTY PERSONAL GAIN POLICE POLITICIAN PREFERENTIAL PREFERENTIAL TREATMENT PRISON PRIVATE GAIN PRIVATE INVESTMENT PRIVATE LAWYERS PRIVATE PARTIES PROCUREMENT PROCUREMENT PROCEDURES PROPERTY LAW PROPRIETARY CLAIM PROSECUTION PROSECUTIONS PROSECUTOR PROSECUTORS PUBLIC FUNDS PUBLIC OFFICIAL PUBLIC OFFICIALS PUNISHMENT RACKETEERING RECEIVER RECEIVERSHIP REMEDIES REMEDY REPATRIATION RESTITUTION OF ASSETS RULINGS SCANDALS SETTLEMENT SPECIFIC ASSET SPECIFIC ASSETS STEALING THEFTS TITLE TRANSFER OF ASSETS TRANSPARENCY TRIAL TRUSTEE TRUSTEES UNJUST ENRICHMENT VICTIMS VIOLATIONS WIFE WILL Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a "victimless crime." This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC, the global standard for the fight against corruption, does not contain a legal definition of corruption itself but lists an array of offences, including public and private sector bribery and the embezzlement of public and private sector funds. The study will mainly focus on these two types of corruption, namely bribery and embezzlement of funds. This study is not intended in any way to minimize the importance of criminal proceedings and confiscation in addressing acts of corruption. Rather, it will show that civil law remedies can effectively complement criminal penalties by attacking the economic base of corrupt activities both in the public and the private sectors. In fact, given the magnitude of the challenges, all avenues of asset recovery, be they criminal or civil, should be explored simultaneously in order to tackle corruption from each and every angle and achieve the goals of deterrence and enforcement. Hence, while criminal law expresses society's disapproval of the corrupt acts and aims at dissuasion, punishment, and confiscation of illicit proceeds, civil law focuses on victims' interests and aims at compensation and restitution. These procedures may occur sometimes in parallel, sometimes sequentially. An effective response to corruption very often requires concomitant use of both criminal and civil law remedies to achieve the desired result. 2014-10-20T16:32:41Z 2014-10-20T16:32:41Z 2015 http://documents.worldbank.org/curated/en/2014/01/20306383/public-wrongs-private-actions-civil-lawsuits-recover-stolen-assets 978-1-4648-0370-3 http://hdl.handle.net/10986/20456 English en_US CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ Washington, DC: World Bank Publications & Research :: Publication |