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Mark Pieth (ed.), Recovering Stolen Assets. With a preface by Eva Joly, Peter Lang AG, 2008. ISBN: 987-3-03911-583-9.

Authors: Alan Bacarese, Hans-Peter Bauer, Bernard Bertossa, René Brühlhart, Daniel Claman, Tim Daniel & James Maton, Paul Gully-Hart, Willie Hofmeyr, Cornelis de Jong, Guillermo Jorge, Anne Lugon-Moulin, Antenor Madruga, Simeon V. Marcelo, Enrico Monfrini, Pierre-Yves Morier, Nikos Passas, Mark Pieth, Nuhu Ribadu, Sergio Salvioni, Mary-Jane Schirber & Frank E. Hydoski, Jean-Bernard Schmid, Pietro Veglio & Peter Siegenthaler, and Dimitri Vlassis & Dorothee Gottwald.

Abstract: Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress.

This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for thefuture with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.

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Mark Pieth/Gemma Aiolfi (ed.), A Comparative Guide to Anti-Money Laundering, A Critical Analysis of Systems in Singapore, Switzerland, the UK and the USA. Study by the Basel Institute on Governance, commissioned by the Stiftung Finanzplatz Schweiz, Edward Elgar Publishers Cheltenham (UK) and Northhampton (USA) 2004.

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Abstract:
All the major financial centres have experienced a rise in anti-money laundering rules and regulations. Initially, anti-money laundering laws were used as a weapon in the war on drugs, whilst more recently they have been deployed in the ongoing fight against terrorism. These developments, the authors reveal, have had serious consequences for banks and other financial institutions – affecting not only profit margins but also the way in which business is conducted.

Topical and pertinent issues addressed in this book include questions such as, has all the recent legislative activity really put a stop to the problem? Are the international rules being implemented as carefully as they should? How level is the playing field in cross border banking?

The regimes and implementation of anti-money laundering laws and regulations of four major, cross border, financial centres are also examined in depth: Switzerland, Singapore, the UK, and the USA. Going beyond the purely descriptive, there are also comparative analyses of these countries against existing international standards – with illuminating results.

This new book is full of original insight and analysis and will be an invaluable resource for lawyers, both scholarly and practitioner based, with an interest in economic crime as well as policymakers and compliance officers within banks and other financial institutions.

Book contributions

International aspects of corporate liability and corruption
Gemma Aiolfi/Mark Pieth, in: Stephen Tully (ed.), Handbook of Corporate Legal Responsibility, Edward Elgar Publishers Cheltenham (UK) and Northhampton (USA) 2005; 689.
> Download as PDF (364 kb)

The private sector becomes active: The Wolfsberg process
Mark Pieth/Gemma Aiolfi, in: A Practitioner's Guide to International Money Laundering Law and Regulation, City & Financial Ltd., London 2003, p. 267 ff. and Journal of Financial Crime Volume 10/Number 4, April 2003, p. 359 ff.
> Download as PDF (111 kb)