WHEN corporates bribe government officials to gain undue advantages, it
is difficult for law enforcement agencies to calculate and confiscate proceeds
of such crime. To help such agencies meet the challenge, the OECD, the World
Bank, and the UNODC Stolen Asset Recovery Initiative (StAR) has released a new
study on the Identification and Quantification of the Proceeds of
Bribery.
It states that when a company pays a bribe to
win a contract, the proceeds can only be confiscated if they are calculated
accurately. So far, a small but growing number of courts have managed to apply
methods to confiscate or recover the proceeds that companies and individuals
have obtained by bribing officials.
The
Identification and Quantification of the Proceeds of Bribery examines existing
methods for calculating the gains made by companies that pay bribes. Drawing
from cases in Indonesia, South Africa, the United States and others, it shows
the most accurate methods for calculating gross and net profits, as well as what
can be recovered within a particular legal regime.
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