The Fight against Corruption in Sport: International and National Experience

Corruption is a particularly dangerous scourge, which encompasses the whole of society, all spheres of human activity, and by virtue of this, it also encompasses education, whether we want to recognize it or not. Corruption flourishes in times of great social unrest, in times of crisis that societies are going through, especially in the period of transition from a totalitarian regime to a democratic society. The factor generating corruption is the socio-economic crisis, having as causes: weakening of state authority, degradation of living standards, altered moral judgment, lack of effective control levers, diminished public confidence in institutions and social values, non-adaptation of legislation to economic and social conditions and so on Sport is one of the largest businesses in the world, being influenced and influencing in turn both financial and political interests. Every year, millions of dollars and Euros circulate in this area, most of the transactions and agreements taking place behind closed doors, in order to keep any possible advantage over the competition. This fierce competitiveness, together with the lack of transparency, makes the sports field extremely vulnerable to corruption acts. Summarizing the results of our study, we can conclude: the fight against corruption is an opportunity for beneficiary institutions, which can strengthen and improve their systems for preventing and combating corruption and money laundering and asset recovery, by reference to worldwide first-class practices and standards. Following intense consultations with all beneficiaries in the Republic of Moldova: Minister of Education, Culture and Research, National Olympic and Sports Committee, Paralympics’ Committee, Sports Federations and other structures in the country, in order to ensure effective support in the field of physical culture and sports. The direct relations with the interested actors contribute to the creation of a positive framework, which will favour the general success of the future activities that will take place in obtaining the expected results.

Asset recovery practices in combating money laundering: evidence from FATF mutual evaluation report of FATF member countries of Asia pacific region

Purpose This study aims to understand the member countries’ current asset recovery mechanism based on two elements, namely, confiscation policy and asset recovery management framework. Design/methodology/approach Content analysis was performed on the Financial Action Task Force (FATF) Mutual Evaluation Report (MER) of eight countries. Findings The result showed that only a few countries established a centralised asset recovery centre or special task force to manage recovered assets. Research limitations/implications This study is limited to information mentioned in the FATF MER. Practical implications This study highlights the need to have a centralised asset recovery management centre as an initiative to improve the outcome of money laundering investigations. The study findings will benefit regulators to understand further the practical challenges of the asset recovery mechanism for future improvement. Originality/value FATF recommends that each country establish a centralised asset recovery centre and work closely with the investigating officers and prosecutors in deciding on assets confiscation. However, the implementation is contingent on their local environment and resources at the member countries’ discretion. Therefore, this study aimed to understand the member countries’ current asset recovery mechanism based on two elements, namely confiscation policy and asset recovery management framework.

Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption.

The Tangled Path From Identifying Financial Assets to Cross-Border Confiscation. Deficiencies in EU Asset Recovery Policy

The article discusses the shortcomings of EU policy regarding cross-border asset recovery. The identified problem is a disjointed approach to the overlapping objectives of criminal proceedings: gathering evidence and securing assets for future confiscation. In the current EU legal framework, the process of recovery of assets, understood as a sequence of functionally related activities, lacks the continuity necessary to be effective. EU cross-border cooperation instruments in criminal matters do not meet the needs of this process, as they relate to separate investigative measures. Problems in this field have been indirectly reflected in the practice of Eurojust and the ejn. The article proposes a change in the perception of the initial phase of the asset recovery process, where the objectives of identifying and locating financial assets are combined with their provisional securing. This takes place under one mechanism of cross-border cooperation (an eio), prior to issuing a regular freeze or seizure order.

Global sanctions against corruption and asset recovery: a European approach

Purpose This paper aims to critically examine whether it is timely and actionable for the European Union (EU) to adopt a global sanctions regime against corruption and how such a regime can be designed to maximise its efficiency. This paper argues that developing such a dedicated framework is necessary, feasible and supportive of the international fight against corruption and the efforts to enhance the recovery of corruption proceeds. Design/methodology/approach This paper draws on reports, legislations, legal scholarships and other open-source data on global sanctions against corruption and the recovery of corruption proceeds. Findings This paper argues in favour of a dedicated global sanctions regime against corruption, which is necessary to mitigate significant risks for the EU internal market. Originality/value To the best of the authors’ knowledge, this study is one of the first to examine recent legislative developments, such as the EU Global Human Rights Sanctions Regime and the UK Global Anti-Corruption Sanctions Regulations, and the possible development of an EU-dedicated global sanctions regime against corruption with strong asset recovery components.

Drug crime transformation under the effect of online platforms

Many types of drug crimes are already known, but it is common to offender groups to implement them in an organised, coordinated, multi-level framework. Affected by online platforms, drug crimes are undergoing a transformation that presents new challenges for the authorities. Criminal groups also like to (re)take the opportunities offered by the Internet. Platforms that connect to the Dark Web, the Dark Internet (secret network form), have become increasingly popular over the past few years, thanks to the fact that there are also services available which are not available by traditional browsers. Coordinated cooperation between several countries, over several years, is needed to ensure successful detection in cyberspace. This is illustrated by a current EUROPOL report, published on 12 January 2021, which shows that a successful liquidation has occurred in the case of DarkMarket, one of the largest illegal marketplaces, requiring the cooperation of several European Union Member States and several non-European Union countries. In the face of the coronavirus epidemic, organised crime groups are still trying to remain active and resilient, which is not a challenge in the online space at this time, although drug delivery models needed to be changed, but they are trying to maintain the constant cycle of the market through their hiding methods. In my study, I am also looking for answers how the detection and recovery of criminal property is carried out at national and international level, in cases where drug crime takes place in the online space. What is the path of illegally acquired criminal property, how can financial profiling be carried out in these cases? In case of drug offences, we are talking about a special asset recovery where is no victim demanded, because there are very few known victims existing. With my study, I intend to capture the current topicality of drug crime, by detecting methods of committing crimes in the online space, internationally and domestically, and by exploring the current processes of asset discovery and recovery. In this way, I wish to provide results that can be used by the profession.

The Troubling Shortcomings of International Asset Freezes: The Hunt for Gaddafi's Lost Billions

Although international asset recovery is one of the key anti-corruption commitments under the United Nations Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, a huge gap remains between commitments and implementation. The shortcomings of international asset freezes in the case of Libya, with billions of dollars unaccounted for, confirm this statement. In this article, I identify the major obstacles for recovering stolen assets in the case of Libya and I argue that the international community needs to enhance asset recovery and mutual legal assistance, as well as to explore bold ideas, such as the reversal of the burden of proof as to the illicit origin of the assets.

Reflections on legal deficiences and discordances affecting mutual legal assistance in criminal asset recovery

Most of the legal impediments that appears in front of the criminal assets recovery at the international level are the requirements for mutual legal assistance (MLA); excessive banking secrecy; lack of procedures for non-conviction-based confiscation; and excessively difficult procedural and evidentiary laws. Removing legal impediments is obviously essential. Absent a clear and sound legal framework, asset recovery becomes, in a best-case scenario, arduous and, in a worst-case scenario, impossible. Thus, the analysis of the reports of the practitioners in the field at international level, can offer us solutions, which will raise the state to another level. The long process of asset recovery and the low level of cooperation is the best evidence of the shortcomings that stagnate the process of recovering criminal assets.

Assets Recovery of Money Laundering Criminal Acts: A Study of Restoring Assets for Money laundring Criminal Acts Related in the Account of Overseas Bank

This research was conducted to investigate the obstacles to asset recovery for the proceeds of money laundering deposited in offshore bank accounts, as mandated in Law Number 8 of 2010. The issues raised in this study are about the relationship between corruption and money laundering. As well as law enforcement in the monetary sector in Indonesia through the criminal approach and Asset Recovery in the Money Laundering case. Based on the research, it was found that the recovery of assets resulting from money laundering that was stored abroad experienced obstacles due to differences in legal concepts (money laundering and assets proceeds from money laundering). The research was conducted through juridical normative methods and data collection. It is concluded that the Asset Recovery approach is more of a deterrent effect for the perpetrators of corruption than punishment. To facilitate the withdrawal of money laundering funds abroad, a bilateral cooperation agreement between the Indonesian and recipient countries of money laundering assets is necessary.