International Enforcement of English Asset Recovery Judgments
Cooley discusses the international enforcement of English asset recovery judgments.
Civil proceedings brought by the state or a state entity are one mechanism to recover the proceeds of corruption, or to claim compensation for corrupt acts.
Typically, substantial corruption cases are international in scope. The proceeds of a corrupt transaction are often laundered through and to countries other than the victim state; assets are typically held by companies and trusts incorporated or managed in offshore or other jurisdictions; and wrongdoers may be located in various countries.
The international context means there are a number of countries in which civil claims can be made. It also means that corrupt assets may be located in a number of countries. If so, it is usually inefficient and costly to bring proceedings in each of those jurisdictions. It is often preferable to make a single claim leading to a judgment which can successfully be enforced in each country where assets are located.
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