Recovering Stolen Assets

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Asset Recovery Handbook

Author : Jean-Pierre Brun
Publisher : World Bank Publications
ISBN 13 : 1464816174
Total Pages : 348 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Asset Recovery Handbook by : Jean-Pierre Brun

Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

Recovering Stolen Assets

Author : Mark Pieth
Publisher : Peter Lang
ISBN 13 : 9783039115839
Total Pages : 428 pages
Book Rating : 4.1/5 (158 download)

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Book Synopsis Recovering Stolen Assets by : Mark Pieth

Download or read book Recovering Stolen Assets written by Mark Pieth and published by Peter Lang. This book was released on 2008 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.

Stolen Asset Recovery

Author :
Publisher : World Bank Publications
ISBN 13 : 082137902X
Total Pages : 284 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Stolen Asset Recovery by :

Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Few and Far

Author : Larissa Gray
Publisher : World Bank Publications
ISBN 13 : 1464802750
Total Pages : 95 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Few and Far by : Larissa Gray

Download or read book Few and Far written by Larissa Gray and published by World Bank Publications. This book was released on 2014-08-29 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: This joint publication of the World Bank/UNODC Stolen Asset Recovery (StAR) Initiative and the Organisation for Economic Co-operation and Development (OECD) reports on how OECD countries are performing on asset recovery. It provides examples of good practices and recommendations for development agencies and other practitioners on achieving results.

The Puppet Masters

Author : Emile van der Does de Willebois
Publisher : World Bank Publications
ISBN 13 : 0821388967
Total Pages : 230 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis The Puppet Masters by : Emile van der Does de Willebois

Download or read book The Puppet Masters written by Emile van der Does de Willebois and published by World Bank Publications. This book was released on 2011-11-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.

Public Wrongs, Private Actions

Author : Jean-Pierre Brun
Publisher : World Bank Publications
ISBN 13 : 1464803706
Total Pages : 158 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Public Wrongs, Private Actions by : Jean-Pierre Brun

Download or read book Public Wrongs, Private Actions written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2015 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.

Barriers to Asset Recovery

Author :
Publisher : World Bank Publications
ISBN 13 : 0821386603
Total Pages : 201 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Barriers to Asset Recovery by :

Download or read book Barriers to Asset Recovery written by and published by World Bank Publications. This book was released on 2011-06-20 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is estimated that the proceeds of crime, corruption and tax evasion represent between $1 trillion and $1.6 trillion per year, with half coming from developing countries. Proceeds are typically transferred abroad and hidden in foreign jurisdictions, thus requiring international cooperation. Various international conventions and agreements require international cooperation on this issue, in particular the United Nations Convention against Corruption; however, only $5 billion in stolen assets have been repatriated over the last 15 years. This enormous gap reveals that significant barriers continue to impede asset recovery despite the commitments taken by governments, civil society and the private sector. Drawing on the experience of practitioners with hands-on experience, the Stolen Asset Recovery (StAR) Initiative launched this study to identify the barriers to stolen asset recovery internationally, provide brief analysis of the impact of these barriers, and propose recommendations for overcoming these obstacles. This volume is intended to guide policy makers in their efforts to ensure necessary resources and the development of a plan, policy or strategy aimed at eradicating the barriers to asset recovery. In addition, this study proposes actions to be taken by the G20, international organizations, financial institutions, developmental agencies and civil society.

Going for Broke

Author : Jean-Pierre Brun
Publisher : World Bank Publications
ISBN 13 : 1464814392
Total Pages : 224 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Going for Broke by : Jean-Pierre Brun

Download or read book Going for Broke written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2019-12-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.

On the Take

Author : Lindy Muzila
Publisher :
ISBN 13 : 9780821394540
Total Pages : 0 pages
Book Rating : 4.3/5 (945 download)

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Book Synopsis On the Take by : Lindy Muzila

Download or read book On the Take written by Lindy Muzila and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups

How to Do Financial Asset Investigations

Author : Ronald L. Mendell
Publisher : Charles C. Thomas Publisher
ISBN 13 : 9780398070441
Total Pages : 0 pages
Book Rating : 4.0/5 (74 download)

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Book Synopsis How to Do Financial Asset Investigations by : Ronald L. Mendell

Download or read book How to Do Financial Asset Investigations written by Ronald L. Mendell and published by Charles C. Thomas Publisher. This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial asset investigation continues to evolve through its techniques, and this book serves as a practical primer, emphasizing the use of data collection forms, the latest computer technology, and tools for identifying, locating, and assessing debtors1 assets and liabilities. The text explains data gathering from computer data bases, CD-ROM, human sources, surveillance, and public records. The topics cover both individuals and businesses. They range from obtaining subjects1 basic identifiers, such as a social security number, to using key business ratios to calculate figures for a company1s balance sheet. This new edition strives to incorporate more online and electronic resources and includes a complete chapter on investigation through use of the Internet. Additional new topics include financial investigation for security officers, piercing the corporate veil, news groups, and public record searching shortcuts. Throughout the book, useful forms are provided for gathering, organizing, and analyzing data which allows for easy integration of information. Learning how to exploit information trails and cutting through smoke screens are the main themes of this practical and effective investigative tool.

Left Out of the Bargain

Author : Jacinta Anyango Oduor
Publisher : World Bank Publications
ISBN 13 : 1464800863
Total Pages : 182 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Left Out of the Bargain by : Jacinta Anyango Oduor

Download or read book Left Out of the Bargain written by Jacinta Anyango Oduor and published by World Bank Publications. This book was released on 2014 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a conservative estimate that every year, through corruption, between 20 billion dollars and 40 billion dollars are diverted from developing countries and find safe haven in foreign jurisdictions. In several countries that are party to the Organization for Economic Co-operation and Development (OECD) anti-bribery convention, a very high proportion of cases of foreign bribery and related offenses have been resolved short of a full trial. Anticorruption practitioners and policy makers in countries where officials were allegedly bribed have (along with other interested stakeholders) therefore raised concerns about whether settlements might impede their own criminal or enforcement investigations and affect the liability of multinational companies in third countries. This study seeks to fill knowledge gap by: (i) informing policy makers and practitioners about the frameworks for settlements in various legal systems, (ii) examining settlements in practice and their implications for international cooperation, and (iii) analyzing how settlements relate to asset recovery in foreign bribery cases. An additional goal is to inform the general public (including civil society organizations) about these frameworks. This study describes and analyzes, both qualitatively and quantitatively, settlements in cases of foreign bribery and related offenses, and their implications for international cooperation and asset recovery. This report is structured as follows: chapter one adopts a broad definition of settlements as various procedures short of trials and analyzes the legal frameworks in a number of civil and common law countries. Chapter two traces the general trends and developments in settlements and considers the rationale for settlements. Chapter three analyzes the impact of settlements in one jurisdiction on pending and future investigations in other countries. Chapter four explores the link between asset recovery and settlements through the lens of United Nations Convention against Corruption (UNCAC). Chapter five offers conclusions. Chapter six presents detailed summaries of 14 significant cases.

Forensic Investigation of Stolen-Recovered and Other Crime-Related Vehicles

Author : Eric Stauffer
Publisher : Elsevier
ISBN 13 : 0080477887
Total Pages : 659 pages
Book Rating : 4.0/5 (84 download)

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Book Synopsis Forensic Investigation of Stolen-Recovered and Other Crime-Related Vehicles by : Eric Stauffer

Download or read book Forensic Investigation of Stolen-Recovered and Other Crime-Related Vehicles written by Eric Stauffer and published by Elsevier. This book was released on 2006-10-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic Investigation of Stolen-Recovered and Other Crime-Related Vehicles provides unique and detailed insights into the investigations of one of the most common crime scenes in the world. In addition to a thorough treatment of auto theft, the book covers vehicles involved in other forms of crime—dealing extensively with the various procedures and dynamics of evidence as it might be left in any crime scene. An impressive collection of expert contributors covers a wide variety of subjects, including chapters on vehicle identification, examination of burned vehicles, vehicles recovered from under water, vehicles involved in terrorism, vehicle tracking, alarms, anti-theft systems, steering columns, and ignition locks. The book also covers such topics as victim and witness interviews, public and private auto theft investigations, detection of trace evidence and chemical traces, vehicle search techniques, analysis of automotive fluids, vehicle registration, document examination, and vehicle crime mapping. It is the ultimate reference guide for any auto theft investigator, crime scene technician, criminalist, police investigator, criminologist, or insurance adjuster. - Extensively researched and exceptionally well-written by internationally-recognized experts in auto theft investigation and forensic science - All the principles explained in the text are well-illustrated and demonstrated with more than 450 black and white and about 100 full-color illustrations, many directly from real cases - Serves as both a valuable reference guide to the professional and an effective teaching tool for the forensic science student

Asset Forfeiture Law in the United States - Second Edition

Author : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233658
Total Pages : 932 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Asset Forfeiture Law in the United States - Second Edition by : Stefan D. Cassella

Download or read book Asset Forfeiture Law in the United States - Second Edition written by Stefan D. Cassella and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.

The Asset Tracing and Recovery Review

Author : Robert Hunter
Publisher :
ISBN 13 : 9781804491096
Total Pages : 0 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis The Asset Tracing and Recovery Review by : Robert Hunter

Download or read book The Asset Tracing and Recovery Review written by Robert Hunter and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Politically Exposed Persons

Author : Theodore S. Greenberg
Publisher : World Bank Publications
ISBN 13 : 0821383337
Total Pages : 126 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Politically Exposed Persons by : Theodore S. Greenberg

Download or read book Politically Exposed Persons written by Theodore S. Greenberg and published by World Bank Publications. This book was released on 2010-04-19 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, revelations of grand corruption and the plunder of state assets have led to greater scrutiny of financial relationships with politically exposed persons (PEPs) senior government officials and their family members and close associates. Notwithstanding the efforts by many financial institutions and regulatory authorities to prevent corrupt PEPs from entering and using the financial system to launder the proceeds of corruption, there has been an overall failure in the effective implementation of international standards on PEPs. Implementation of an effective PEP regime is a critical component in the prevention and detection of transfers of proceeds of crime and, therefore, ultimately in the process of recovering them. 'Politically Exposed Persons: Preventive Measures for the Banking Sector' is designed to help banks and regulatory authorities address the risks posed by PEPs and prevent corrupt PEPs from using domestic and international financial systems to launder the proceeds of corruption. The book provides recommendations and good practices aimed at improving compliance with international standards and increasing supervisory effectiveness. It is an important tool for individuals, governments, financial and private sector companies, and international organizations involved in developing and implementing standards aimed at fighting corruption and money laundering, and trying to recover stolen assets and the proceeds of corruption.

Getting the Full Picture on Public Officials

Author : Ivana Maria Rossi
Publisher : World Bank Publications
ISBN 13 : 1464809577
Total Pages : 172 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Getting the Full Picture on Public Officials by : Ivana Maria Rossi

Download or read book Getting the Full Picture on Public Officials written by Ivana Maria Rossi and published by World Bank Publications. This book was released on 2017-01-13 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial disclosure systems are a vital component of transparency. By now 161 countries around the world have introduced financial disclosure systems, becoming commonplace around the world. But, although the rules are on the books, many practitioners are still struggling with the intricacies of the rules and how to implement them in the socioeconomic, historical, and legal context of their own country. Little guidance is available to assist them. This book aims to fill that void and provide practitioners with practical scenarios to consider before deciding on a particular course of action. This book contains short chapters that elaborate each topic and provide clear guidance on the issues that policy makers and those involved in the implementation of financial disclosure obligations will need to take into account before making a decision. How do you decide who should file? And how often? On-line or in hard copy? And what exactly? Everything they own directly—or also those apartments they own indirectly? How should information in declarations be checked? Should it be shared with public? How accessible should it be? This is the sort of practical guidance that this book aims to provide.

The Despot's Guide to Wealth Management

Author : J. C. Sharman
Publisher : Cornell University Press
ISBN 13 : 1501708430
Total Pages : 321 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Despot's Guide to Wealth Management by : J. C. Sharman

Download or read book The Despot's Guide to Wealth Management written by J. C. Sharman and published by Cornell University Press. This book was released on 2017-03-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented new international moral and legal rule forbids one state from hosting money stolen by the leaders of another state. The aim is to counter grand corruption or kleptocracy ("rule by thieves"), when leaders of poorer countries—such as Marcos in the Philippines, Mobutu in the Congo, and more recently those overthrown in revolutions in the Arab world and Ukraine—loot billions of dollars at the expense of their own citizens. This money tends to end up hosted in rich countries. These host states now have a duty to block, trace, freeze, and seize these illicit funds and hand them back to the countries from which they were stolen. In The Despot's Guide to Wealth Management, J. C. Sharman asks how this anti-kleptocracy regime came about, how well it is working, and how it could work better. Although there have been some real achievements, the international campaign against grand corruption has run into major obstacles. The vested interests of banks, lawyers, and even law enforcement often favor turning a blind eye to foreign corruption proceeds. Recovering and returning looted assets is a long, complicated, and expensive process. Sharman used a private investigator, participated in and observed anti-corruption policy, and conducted more than a hundred interviews with key players. He also draws on various journalistic exposés, whistle-blower accounts, and government investigations to inform his comparison of the anti-kleptocracy records of the United States, Britain, Switzerland, and Australia. Sharman calls for better policing, preventative measures, and use of gatekeepers like bankers, lawyers, and real estate agents. He also recommends giving nongovernmental organizations and for-profit firms more scope to independently investigate corruption and seize stolen assets.