Corruption can be defeated only from the inside, though
with plenty of outside help. It is a process of self-
redemption and self-transformation. It is the real
transition.
III. Asset Confiscation and Asset Forfeiture
The abuse of asset confiscation and forfeiture statutes by
governments, law enforcement agencies, and political
appointees and cronies throughout the world is well-
documented. In many developing countries and countries
in transition, assets confiscated from real and alleged
criminals and tax evaders are sold in fake auctions to
party hacks, cronies, police officers, tax inspectors, and
relatives of prominent politicians at bargain basement
prices.
That the assets of suspects in grave crimes and corruption
should be frozen or "disrupted" until they are convicted or
exonerated by the courts - having exhausted their appeals
- is understandable and in accordance with the Vienna
Convention. But there is no justification for the seizure
and sale of property otherwise.
In Switzerland, financial institutions are obliged to
automatically freeze suspect transactions for a period of
five days, subject to the review of an investigative judge.
In France, the Financial Intelligence Unit can freeze funds
involved in a reported suspicious transaction by
administrative fiat. In both jurisdictions, the fast track
freezing of assets has proven to be a more than adequate
measure to cope with organized crime and venality.
The presumption of innocence must fully apply and due
process upheld to prevent self-enrichment and corrupt
dealings with confiscated property, including the unethical
and unseemly use of the proceeds from the sale of
forfeited assets to close gaping holes in strained state and
municipal budgets.
In the United States, according to The Civil Asset
Forfeiture Reform Act of 2000 (HR 1658), the assets of
suspects under investigation and of criminals convicted of
a variety of more than 400 minor and major offenses
(from soliciting a prostitute to gambling and from
narcotics charges to corruption and tax evasion) are often
confiscated and forfeited ("in personam, or value-based
confiscation").
Technically and theoretically, assets can be impounded or
forfeited and disposed of even in hitherto minor Federal
civil offenses (mistakes in fulfilling Medicare or tax
return forms)
The UK's Assets Recovery Agency (ARA) that is in
charge of enforcing the Proceeds of Crime Act 2002, had
this chilling statement to make on May 24, 2007:
"We are pursuing the assets of those involved in a wide
range of crime including drug dealing, people
trafficking, fraud, extortion, smuggling, control of
prostitution, counterfeiting, benefit fraud, tax evasion
and environmental crimes such as illegal dumping of
waste and illegal fishing." (!)
Drug dealing and illegal fishing in the same sentence.
Public-domain text, read in full here on John Shaqi.
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