There were several delays in the trial: a co-accused fled the country, two out of three trials collapsed, and political interference was also a problem in the trial. Zambia`s new president, Levy Mwanawasa, has even considered offering a pardon to Chiluba if he returns 75 percent of the money laundered. The authorities have therefore decided to bring a civil action in the United Kingdom as well, in the hope of recovering some of the laundered money. Therefore, in 2004, for and on behalf of the Republic of Zambia in the United Kingdom, the Attorney General of Zambia brought a civil action against Chiluba and 19 of his employees to recover funds transferred to London and throughout Europe between 1995 and 2001 to finance the former president`s expensive lifestyle, including a residence worth more than 40 times his annual salary. This procedure was initiated in addition to the ongoing criminal proceedings in Zambia. Emergency Solution: Burford provides asset recovery services on a funded basis in exchange for a share of the recovered recovery, eliminating the risk of asset tracking for the client. Another type of confiscation that is gaining ground around the world is non-conviction confiscation, called confiscation or non-conviction forfeiture (CBS). Confiscation by the NCB pursues objectives common to the confiscation of criminal offences, namely the confiscation and return of the proceeds and instrumentalities of criminal offences. Similarly, the recovery of NCBs also achieves the objectives of deterrence, justice and restitution. Illegal assets in Switzerland and strategic considerations: With regard to the $49.5 million frozen in Switzerland, two options were discussed with the Swiss investigating judge: a) prosecute offenders in Peru for corruption and then use formal mutual legal assistance channels (AMLA) to repatriate assets, or (b) bring Switzerland to prosecution for drug trafficking and related money laundering offences, who were also part of the case. However, under the latter option, Peru would have to share a percentage of the recovered assets with Switzerland.

Background: Frederick Chiluba was President of Zambia from 1991 to 2002. In 2002, a working group was established in Zambia to investigate allegations of corruption committed by the former president and his associates from 1991 to 2001, to assess whether criminal proceedings could be initiated and to identify the best options for recovering assets. Burford`s asset recovery team has recovered hundreds of millions of dollars in impairment loss for businesses around the world. Our civil litigation and asset recovery services are complemented by our in-depth knowledge of regulatory and regulatory frameworks to provide information and support on a global scale, including: Successful asset recovery also requires out-of-the-box thinking and ingenuity. Sequor Law developed the concept of « value recovery » as opposed to the more restrictive concept of asset recovery, which is limited to freezing and recovering tangible assets such as funds in a bank account, real estate or an expensive vehicle or work of art. Our definition of asset recovery is much broader and seeks ways to make victims of fraud, corruption and financial fraud as a whole by looking not only at traditional assets, but also at the possibility of holding caregivers and instigators, conspirators and intermediaries accountable through third-party actions. In other cases, the asset to be recovered may be a value receivable (selected in shares) or savings resulting from a contract obtained and terminated as a result of fraud or corruption. In other contexts, asset recovery may include the exercise of the right of return in the context of a criminal offence, the reopening of a marriage dissolution settlement, or the enforcement of a judgment previously struck off as a deadlock. Illegal assets in the United States: Following an FBI investigation (in collaboration with Peruvian authorities) into fraud, corruption and money laundering involving Montesinos and his associate Victor Venero Garrido, $20.2 million was frozen while Garrido was arrested and his home seized (INL 2005). Another $30 million from Montesinos` funds held in the name of a straw man was also frozen.

Non-conviction-based forfeiture (NCB) proceedings in Florida and California were used to recover the funds, and the entire amount was returned to Peru. The repatriation agreement between the United States and Peru provided for transparency, as well as compensation for victims and support for anti-corruption efforts (INL 2005). Victims of fraud, corruption and financial crime will often find that their problems are multi-jurisdictional and seamless in scope. Those who have reaped the financial benefits of fraud, corruption or theft will often go to great lengths to hide their prey. Financial, corporate and tax structures allow criminals to conceal final beneficial ownership or transfer their ill-gotten gains to another jurisdiction in minutes. Fighting well-equipped individuals and their intermediaries to recover assets and compensate for losses requires a high level of expertise that few people can provide, knowledge of multiple legal systems that few possess, and tenacity and commitment that few are willing to maintain. The verdict: The court found Chiluba and other defendants who had helped him embezzle the funds from tort, after reviewing all the evidence. In particular, it found that the defendants conspired to divert $25,754,316 in connection with the De Zamtrop conspiracy and $21,200,719 in connection with BK`s conspiracy. The defendants were held liable for the value of the misappropriated property plus damages. The decision denounced the « cynical and unjustified misappropriation of funds for private purposes by government officials. » In addition to the legal framework, the choice of a particular path may also depend on different legal, practical or operational realities. Decisions on the place and nature of the action should be taken at a strategic level, taking due account of the advantages and disadvantages of each type and the particularities of the court that affect the matter.

Illegal assets in Peru: In Peru, more than $60 million was confiscated by Peruvian authorities through the seizure and seizure of property, vehicles, boats and other assets in some 180 criminal cases involving more than 1,200 accused. International cooperation, including informal cooperation and formal mutual legal assistance, will be required throughout the process to identify, trace and secure assets in foreign jurisdictions and to enforce the final confiscation order. In most jurisdictions, formal mutual legal assistance is provided only in the context of criminal investigations. Overall result of asset recovery: The significance of the London Court`s decision lies in the fact that it allowed the seizure of assets found in the United Kingdom, as well as the enforceability of this judgment in other jurisdictions that have recognised and enforced UK court decisions (Ryder 2011, 7).