17th Annual IBA Anti-Corruption Conference
25 Jun - 26 Jun 2019
Session information
Asset recovery: the perennial problem of standing and explaining unexplained wealth orders (UWOs)
Tuesday 25 June (0945 - 1100)
Committee(s)
Anti-Corruption Committee
(Lead)
Description
UWOs are seen as a new trend in anti-corruption and asset recovery. While there is a legitimate claim to identify the origins of assets owned by public officials, their use shifts the burden of proof in proceedings and raises concerns about due process. This session will discuss how to reconcile these interests and discuss the main challenges confronting both defence attorneys and prosecutors. It will also touch on the continuing challenge of establishing standing in civil asset recovery proceedings.
Session / Workshop Chair(s)
| Stephen Baker | Baker & Partners, St Helier, Jersey; Chair, Asset Recovery Subcommittee |
| Stephane Bonifassi | BONIFASSI AVOCATS, Paris, France |
Speakers
| Rodrigo Kaysserlian | KK Advogados, São Paulo, Brazil |
| Yves Klein | Monfrini Bitton Klein, Geneva, Switzerland |
| Kate McMahon | Edmonds Marshall McMahon, London, England; Senior Vice Chair, Asset Recovery Subcommittee |
| Leopoldo Pagotto | Freitas Leite e Avvad Advogados, São Paulo, Brazil; Senior Vice Chair, Anti-Corruption Committee |
| David Turner | Gerard Brennan Chambers, Brisbane, Queensland, Australia |