Who owns a bribe: the bribed public official or the defrauded state?

A public official receives a bribe to award a contract.  Does the bribe “belong” to the official or to the state that he or she represents? The answer to the question can matter a great deal to the success of a claim. But the issue has been controversial and the […]

Prosecuting “Illicit Enrichment”: a new offence for the UK?

This article by  James Maton and Jamie Humphreys was first published on the blog of the All-Party Parliamentary Group on Anti-Corruption. There are many policy developments that would help improve asset recovery efforts in the UK (see Transparency International’s publication Closing down the Safe Havens). However, if we were to […]

What do I need to know about POCA?

If you’re a company officer or director and need a quick reminder on your responsibilities under the UK’s Proceeds of Crime Act and the anti-money laundering regime, take a look at our one page tipsheet. We cover the following areas: an overview of the Act the definition of “proceeds of crime” confisction and forfeiture […]

What do I need to know about the UK Bribery Act?

If you’re a company officer or director and need a quick reminder on your responsibilities under the UK Bribery Act, take a look at our one page tipsheet. We cover the following areas the offences; the corporate offence of failing to prevent bribery; the defence of adequate procedures; the global reach of the […]

Recovering the proceeds of corruption: an overview

Victim states seeking to recover the proceeds of corruption, or compensation for corrupt acts, may have a choice of mechanisms to do so:  criminal, civil and non-conviction forfeiture.   Each mechanism has advantages and disadvantages, and the “right” route for a particular case depends on the circumstances.   Flexibility is key, and any substantial […]

Welcome to the Cooley blog on asset recovery

Welcome to our blog. Cooley has a proven team representing states  and companies seeking to trace, freeze and recover the proceeds of corruption or fraud, or obtain compensation for corrupt or fraudulent acts. We assist states to: Recover stolen public funds, bribes and compensation for corruption from dishonest public officials, their companies, trusts, […]