Going for Broke Insolvency Tools to Support Cross Border Asset Recovery in Corruption 1st Edition by Jean Pierre Brun, Molly Silver ISBN 9781464814396 1464814392

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Product details:

ISBN 10: 1464814392
ISBN 13: 9781464814396
Author: Jean Pierre Brun, Molly Silver

Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed
through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations’ stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.

Going for Broke Insolvency Tools to Support Cross Border Asset Recovery in Corruption 1st Edition Table of contents:

• Chapter 1: Understanding Corruption and Financial Crimes

  • Defining Corruption and Financial Mismanagement
  • The Impact of Corruption on Economic Systems
  • Key Global Examples of Corruption and Asset Hiding

• Chapter 2: The Legal Landscape of Asset Recovery

  • National and International Legal Frameworks
  • The Role of Treaties and Conventions in Cross-Border Recovery
  • Challenges Posed by Jurisdictional Issues

• Chapter 3: Insolvency as a Tool for Asset Recovery

  • What is Insolvency? A Legal Overview
  • How Insolvency Procedures Can Facilitate Asset Recovery
  • Comparing Insolvency Mechanisms Across Jurisdictions

• Chapter 4: Cross-Border Insolvency Frameworks

  • International Insolvency Instruments and Cooperation
  • The Role of UNCITRAL and the Model Law on Cross-Border Insolvency
  • Case Studies of Successful Cross-Border Insolvency Applications

• Chapter 5: The Role of Bankruptcy and Restructuring in Recovery

  • How Bankruptcy Procedures Aid in Asset Tracing and Recovery
  • Legal Challenges in Asset Seizure and Distribution
  • The Role of Trustees and Insolvency Practitioners

• Chapter 6: The Use of Civil and Criminal Remedies in Asset Recovery

  • Combining Insolvency with Criminal and Civil Actions
  • Civil Forfeiture and Other Enforcement Mechanisms
  • International Cooperation in Enforcement and Asset Tracing

• Chapter 7: The Role of Financial Institutions and Private Sector Actors

  • Engaging Financial Institutions in Asset Recovery
  • The Role of Banks, Law Firms, and Forensic Accountants
  • Leveraging Private Sector Expertise for Public Sector Cases

• Chapter 8: Case Studies in Cross-Border Asset Recovery

  • Real-World Examples of Successful Asset Recovery
  • Lessons Learned from High-Profile Cases
  • Challenges Faced and How They Were Overcome

• Chapter 9: The Future of Cross-Border Asset Recovery

  • Evolving International Standards and Practices
  • The Role of Technology and Financial Innovation in Asset Recovery
  • Proposals for Strengthening Legal Frameworks

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