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    On the Take: Criminalizing Illicit Enrichment to Fight Corruption
    On the Take: Criminalizing Illicit Enrichment to Fight Corruption
    On the Take: Criminalizing Illicit Enrichment to Fight Corruption
    Ebook102 pages2 hours

    On the Take: Criminalizing Illicit Enrichment to Fight Corruption

    By Lindy Muzila, Michelle Morales, Marianne Mathias and Tammar Berger

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    About this ebook

    Developing countries lose an estimated US$20†“40 billion each year through bribery, misappropriation
    of funds, and other corrupt practices. Often, the most visible manifestation of
    corruption is the enrichment of a corrupt public official. Despite such visibility, prosecuting corruption
    can be very problematic, particularly when it requires proving the offer or acceptance of
    a bribe. Even when the corruption is established in a court of law, linking the proceeds of the
    crime to the offense in order to recover assets is a complex endeavor.

    In response, some countries looking to strengthen their overall arsenal against corruption have
    criminalized illicit enrichment. In its Article 20, the United Nations Convention against Corruption
    (UNCAC) recommends, but does not mandate, States Parties to adopt illicit enrichment as a
    criminal offense, defining the same as an intentional and “significant increase in the assets of a
    public official that he or she cannot reasonably explain in relation to his or her lawful income.†?

    The illicit enrichment offense has spurred significant debates involving due processes of law. Others
    question how jurisdictions are actually using the offense. Finally, many jurisdictions that serve
    as financial centers do not recognize illicit enrichment as an offense, so tracing and recovering
    assets through mutual legal assistance is further complicated in illicit enrichment prosecutions.

    Against this background, this study provides policy makers, prosecutors, and other practitioners
    with a better understanding of the features of illicit enrichment. It draws on the preparatory work
    of international conventions, reviews of existing domestic provisions, and the jurisprudence on
    illicit enrichment. It is the StAR Initiative’s hope that the study will inform the work of decision
    makers considering adopting an illicit enrichment offense, and assist those implementing illicit
    enrichment to do so in a way that contributes to effective prosecution, confiscation, and asset
    recovery.
    LanguageEnglish
    PublisherWorld Bank Publications
    Release dateAug 8, 2012
    ISBN9780821394540
    On the Take: Criminalizing Illicit Enrichment to Fight Corruption

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