28
Apr

International Asset Recovery

International asset recovery for stolen property is the locating and recovering of missing or stolen property, art, funds, and other items of value. People tend to seek the help of the government and attorneys to assist them in the recovery of their missing stolen assets. This article gives a general overview of what international asset recovery is, the process of recovering stolen assets and the legal key considerations the person trying to recover their stolen assets must know. When it comes to international asset recovery, hiring an international corporate attorney is vital to obtain the legal information and fully understanding the process of international asset recovery. There are numerous international, foreign and domestic laws, governments and expenses one needs to be aware of when considering moving forward with an international asset recovery case.

What is International Asset Recovery?

International asset recovery is any effort by governments, foreign or domestic, to repatriate the proceeds of corruption hidden in foreign jurisdictions. These assets may include monies in bank accounts, real estate, vehicles, arts and artifacts, and precious metals. When attempting an international asset recovery, one must understand the process and take into account key considerations.

Process for Recovery of Stolen Assets

Recovering stolen international assets is a long process that requires a great deal of cooperation from all jurisdictions involved. The process begins by collecting intelligence, evidence, and asset tracing domestically and in foreign jurisdictions using a mutual legal assistance (MLA) request. During the investigation process, proceeds and instrumentalities subject to confiscation must be secured to avoid dissipation, movement, or destruction. International cooperation is essential for the successful recovery of assets that have been transferred to or hidden in foreign jurisdictions. After the assets have been recovered, court proceedings involving criminal or civil actions may be involved. When a court has ordered the restrain, seizure, or confiscation of assets, steps must be taken to enforce the order. The order may be enforced by the authorities of the foreign jurisdiction where the assets were located and by domestic order. Lastly, the return of the assets.

Key Considerations

Initially, one must consider the legal avenues available for achieving asset recovery. The availability of these avenues, either domestically or in a foreign jurisdiction will depend on the laws and regulations in the jurisdictions involved in the investigation, as well as international or bilateral conventions and treaties. Additionally, there are legal, practical, and operational realties that will influence the avenue selected. Fully understanding the laws involved and the relationship of the jurisdictions involved will be instrumental in picking a legal avenue. Particular laws, treaties, and relationships may dictate whether or not to move forward with a recovery.

Moreover, establishing contact with foreign counterparts and assessing ability to obtain international cooperation is important. Establishing a liaison with foreign practitioners early in the case can help assess potential difficulties, build a strategy, obtain preliminary information and informal assistance, confirm requirements for MLA requests and create goodwill in the international cooperation process. Differences in legal traditions and among confiscation systems create challenges and frustrations in cooperating with foreign jurisdictions. Reasons for refusal, including essential interests, nature of penalty, ongoing proceedings in the requested jurisdiction, lack of due process in the requesting jurisdiction, and specific crimes become important. The legal obstacles pose a tremendous hurdle when the jurisdictions involved operate differently. You must consider the differences in standards of proof, evidentiary requirements, legislative provisions for asset return, statute of limitations, immunities enjoyed by officials and identifying all liable parties. Additionally, even with international cooperation from foreign authorities there must be an awareness of any potential corruption.

Lastly, you must take into consideration whether you can afford the potential litigation that may arise from an international asset recovery. A growing trend of using litigation funders has begun when claimants cannot afford litigation. Litigation funding involves a specialist funder financing some or all of a claimant’s legal fees incurred in a dispute, in exchange for a share of the damages. However, there are numerous considerations a claimant must make when deciding to work with a litigation funder. The potential funding arrangements offered for the type of claim brought must be explored. A confidentiality agreement should be signed at the outset of discussions or before confidential information is provided to the funder. Also, consider liability for adverse costs and security costs that the funder is willing to accept. The calculation of the funder’s fee can be complex, and it can be helpful to include a showing of financial outcomes for a variety of scenarios. Then who will calculate and distribute the proceeds in order of priority. Furthermore, one must discuss what happens if the recovery is unsuccessful or if there needs to be a termination of the agreement between claimant and funder. Ultimately, entering into an extensive and specific litigation funder agreement that establishes payouts, lawyer fees, termination, confidentiality and a variety of other clauses must be discussed.

Sources:

1. Third party funding for international arbitration claims: key issues, Practical Law UK Checklist 3-521-2972.

2. Brun, J., Gray, L., Scott, C., & Stephenson, K. M. (2011). Asset Recovery Handbook: A Guide for Practitioners[PDF]. Washington DC: The International Bank for Reconstruction and Development / The World Bank.

15
Aug

Thinking Globally: Key Trends in International Business

international

Does your business have a global vision? Whether you are looking to form strategic corporate relationships overseas or cultivate an international audience for your products, it is key to stay aware of the relevant trends and changes across the world. With increased connectivity, your competitors are not only local, but also global. Information travels quickly and can be require significant review to parse through and determine what your business truly needs. A qualified international corporate attorney can help you evaluate your business priorities; whether you are based in Gainesville, London, Cleveland, Austin or Zurich, legal counsel can help ensure you are prepared for global competition. Additionally, staying aware of trends can help prepare you for your business’s next steps. Read below for three key trends that every business owner needs to know.

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9
Jul

Brexit and Your Business: The Domino Effect

How Brexit May Affect Your Company
brexit
Two years have passed since Britain voted to leave the European Union (EU), and it is creating an uncertain atmosphere in the EU as well as around the world. While a majority of the document has been agreed to by both parties, some major sections are still uncertain, which is drastically reducing the amount of investments made in the UK. The British government wishes to keep visa-free travel with other countries of the EU, yet whether this is reciprocated is unclear.
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24
May

Decoding the General Data Protection Regulation (GDPR)

Key Aspects of the General Data Protection RegulationFinal

What is it?

On May 25th, 2018, a new law concerning privacy and data protection will come into effect in the European Union. The Guardian calls it the “biggest personal data shake-up since 1995.” The GDPR updates the 1995 European Union Data Protection Directive to apply to the advances in technology that many consumers rely on today. Overall, the legislation requires companies to adopt greater transparency when handling individual data. It also transfers much of the decision-making power from the companies to the consumers.

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9
Jun

Top Places to Locate a Vendor

Top Places to Locate a Vendor or Business Client.

Top Places to Locate a Vendor or Business Client.

If you have recently started a business or are in the process of growing it, it is likely that you are looking for additional businesses and organizations in which to work with and from which to purchase goods. With over 300,000 wholesale distributors in the United States, the question arises, “Where are the best places to look for additional business?”

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10
May

3 Reasons Having An Attorney Is Always Better than Using Online Contracts

There is a serious confidence that comes from having sound legal counsel for your business legal matters. This piece of mind cannot be replaced.

Bizman Reading

Three main reasons legal counsel will always outperform online templates are as follows:

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18
Mar

Businesses Should Be On Guard for Phishing Scams

Phishing

Email phishing has become a widespread problem throughout the cyber world. Almost everyone is vulnerable to phishing. Phishing occurs when a fraudulent email appears to originate from a legitimate business. The business is usually a well-known organization that a person regularly conducts business with such as a financial institution, internet provider, or any other similar organizations. There is usually a link in the email that directs you to another website that is a sham. These sites will ask for personal information about you to allegedly verify your identity but in reality they are deceiving you into divulging this information so that they may commit identity theft.

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4
Mar

FBI vs. Apple

                                                                                            FBI               

As the accuracy and precision of technology improves, tech companies struggle to answer unavoidable and complex questions. Whether they want to or not, companies face the challenge to find a balance between the privacy rights of individual users and the national security interest of the entire public. This is most clearly demonstrated in the current stand-off between the federal bureau of investigation (FBI) and leading tech company, Apple, due to Apple’s encryption software.

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24
Feb

Why Are Oil Prices Falling?

image
Over the last four years, oil prices had remained constant. However, in the last seven months prices per barrel have dropped considerably. In 2010, a barrel of crude sold at approximately $110 dollars per barrel, whereas in 2014 the price per barrel dropped to below $50 a barrel. This drop can be attributed to several different reasons. The US is increasing production of crude oil, and the slowing economic growth in several countries which has reduced demand, especially China. Currently, US oil production is at the highest levels it has been at in 30 years. In addition, the recently lifted sanctions on Iran have been lifted and it will begin producing oil as well adding to an already flooded supply. These reasons coupled with the fact that Saudi Arabia’s Oil Minister, Ali al-Naimi, has declared that The Organization of the Petroleum Exporting Countries (OPEC) will not be reducing production regardless of how low the price per barrel may fall, has also had an affect. These falling prices will have a major impact on business and the economy in a number of ways.
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17
Feb

What is the Effect of Lifting the Trade Embargo on Cuba?

Cuba

The story of Cuba and the United States is headed for yet another historic chapter in its history. When President Barack Obama gave his final State of the Union Address on January 12, 2016, he announced his plans to lift the 50-year embargo on Cuba. President Obama has worked to improve relations with Cuba since December 2014. On January 27, 2016, new regulations that expanded the list of exports to Cuba were issued by the Office of Foreign Assets Controls (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS). In addition, there were also amendments to how U.S. entities can finance its exports to Cuba, air carrier services, and travel to the island.  These are part of the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR).

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