Discussions on asset recovery often focus on “stolen assets” and kleptocracy cases. Yet another category of assets deserves closer attention: profits generated by companies through contracts or public procurement obtained through corruption.
These cases raise complex and still relatively underexplored legal questions.
Traditionally, confiscation mechanisms have been designed to target the direct proceeds of corruption offences. But what happens when the underlying offence subsequently generates broader economic benefits and long-term profits?
Moreover, unlike traditional stolen asset cases involving political leaders and their entourage, companies facing corruption charges are more likely to enter into negotiated settlements such as DPAs, NPAs, or CJIPs.
➡️ Can illicit profits be treated in the same way as the direct proceeds of crime?
➡️ Are negotiated settlements capable of effectively addressing and confiscating these illicit profits?
➡️ How can they be identified, quantified, and linked to the initial offence?
These are some of the questions we will discuss during the webinar on June 10.