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INTERNATIONAL ANTI-CORRUPTION CONFERENCE (IACC)
Programme Papers from the 9th IACC
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The 9th International Anti-Corruption Conference

The Papers


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.

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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.

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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.

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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.

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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.

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Hershman, Michael J. :
Asset Tracing


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.

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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.

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