23rd Annual IBA Transnational Crime Conference
3 Nov - 5 Nov 2021
Session information
Committee(s)
Criminal Law Committee
Criminal Law Section
Description
This session will touch upon the delicate topic of restitution of ill-gotten assets (or bribery tainted assets) stashed in foreign jurisdictions to the victim state. We will look into the procedural instruments available in various states to freeze and eventually restitute assets to the victims of bribery. These are, for example, civil and criminal proceedings and mutual legal assistance, as well as possibly arbitration. We will also address international treaties in place, show the practical hurdles when it comes to restituting assets and answer questions such as: • Who are the victims? • How to ensure that the new government does not misuse the restituted funds again etc • What are the interactions of the various proceedings?
Session / Workshop Chair(s)
| Simone Nadelhofer | Schellenberg Wittmer, Zürich, Switzerland; Corporate Counsel Forum Liaison Officer, Business Crime Committee |
| Jessica Parker | Corker Binning, London, England |
Speakers
| Martin De Luca | Boies Schiller Flexner LLP, New York, New York, USA |
| Manavendra Mishra | Khaitan & Co, Mumbai, Maharashtra, India; Regional Representative Asia Pacific, Anti-Corruption Committee |
| Francesca Pedrazzi | Pedrazzi Scudieri Avvocati, Milan, Italy; Secretary, Business Crime Committee |
| Ephraim Wernick | Vinson & Elkins LLP, Washington, District of Columbia, USA |