The 9th International Anti-Corruption Conference
Abstracts of presentations
Day 3, Workshop 1
Csonka, Peter :
Civil Law and Corruption
One of the peculiarities of the Council of Europe approach in the
fight against corruption is the possibility to tackle corruption
phenomena from a civil law point of view. Civil law is an area of
great complexity and has seldom been considered in the fight
against corruption. Nevertheless, it has great potential to
become one of the measures which may be used more frequently in
the future, besides criminal law, to fight corruption. A Civil
Law Convention on Corruption has been adopted by the Committee of
Ministers of the Council of Europe on 9 September 1999 and will
be open to signature on 4 November 1999. This Convention aims at
providing effective remedies for victims of corruption and
enabling them to defend their rights and interest, including the
possibility of obtaining damages. However, these remedies are
effective only where they are easily accessible to victims and
provide an actual protection of their interests.
Ezekwesili, Oby :
Catalysing Global Action for the Recovery of Corruption Proceeds
Grand corruption is characterised by its frequently trans-national
nature. Many highly indebted countries in Africa have
long suffered under corrupt leaders who stashed the money they
embezzled from the state abroad. This "loot" must be returned to
the countries of origin.
Goss, Peter / van Tonder, Lionel:
Effective Use of Legal Remedies for Corruption: A South African Perspective
This paper is designed to give a practical South African investigative perspective on
effective legal remedies that could aid in the combating of corruption. As such it is also
focused on giving a holistic approach to remedies in general which extends beyond the typical
criminal justice approach. Such remedies include: Recourse through the application of criminal
law; Remedies through civil law; Administrative steps, for example application of labour
law practices, resolution of issues through mutual agreement; and Pro-active outputs,
such as implementation of preventative and / or corrective measures.
Heath, W. H. :
Civil Processes to Combat Corruption
Judge Heath describes the work of the Special Investigating Unit
in South Africa, which was established by the South African
Government in order to investigate and act upon serious
maladministration and misuse of public power.
Herling, Daniel J. :
Fraud - Effective Use of Legal Remedies for Corruption
This presentation outlines how a series of companies were
defrauded by international investment and currency frauds.
Describing two international investment frauds, a foreign
currency scheme and a case of stock fraud in detail, measures to
recognise and avoid frauds are listed. The opportunities which
the internet offers for fraudsters are especially noted.
Hershman, Michael J. :
No two corruption or asset tracing investigations are the same.
However, there are typically enough similarities to establish a
pattern. And once you recognise a pattern, you can formulate
investigative plans, which reflect past experiences. This paper
is a practical and simple guide to tracing assets.
Profaizer, Joseph R. :
Effective Use Of Legal And Asset-Tracing Remedies For Corruption: Civil Legal Remedies
The paper provides a legal analysis of asset tracing remedies for
corruption. It includes an overview of available legal remedies,
based on a fictitious example of corruption by a foreign
contractor. Further it discussed potential avenues for civil
remedies, especially those available under U.S. law. Finally, the
importance of proper preparation and organisation is stressed.