1.

UNCAC (United Nations Convention against

Corruption)

UNCAC is an agreement that was made because of

concerns about corruption cases involving a larger number
of assets that can be an important part of the resources of
States, and which threatens political stability and
sustainable development of these States.

Now,corruption not only local matter, but this is

international fenomena that can be affect people around
the world and economic.

UNCAC be Determined to prevent, detect and

obstruck international transfers of assets unlegal and to
strengthen international cooperation in asset recovery.
considering that the prevention and combat corruption is
the responsibility of all States and that they should
cooperate with each other, with the support and
involvement of individuals and groups outside the public
sector, such as civil society, non governmental
organizations,etc.

Purpose this convention is increase and strenghthen

effort of prevent and combat corruption more efficiently
and effectively. Facilitate and support international
cooperation and technical help in the prevention and
combat corruption,including asset recovery. Increase
integrity, accountability and good management of public
affairs and public property.

This Convention applies in accordance with its terms,

for the prevention, investigation and prosecution of
corruption and the freezing, seizure, deprivation and return
of proceeds of crime set in accordance with this
convention.

Convention Highlight :
Prevention
Corruption can be prosecuted after the fact, but first
and foremost, it requires prevention. An entire chapter of
the Convention is dedicated to prevention, with measures
directed at both the public and private sectors. These
include model preventive policies, such as the
establishment of anticorruption bodies and enhanced
transparency in the financing of election campaigns and
political parties. States must endeavour to ensure that
their public services are subject to safeguards that
promote efficiency, transparency and recruitment based
on merit. Once recruited, public servants should be
subject to codes of conduct, requirements for financial and
other disclosures, and appropriate disciplinary measures.
Transparency and accountability in matters of public
finance must also be promoted, and specific requirements
are established for the prevention of corruption, in the
particularly critical areas of the public sector, such as the
judiciary and public procurement. Those who use public
services must expect a high standard of conduct from their
public servants. Preventing public corruption also requires
an effort from all members of society at large. For these
reasons, the Convention calls on countries to promote
actively the involvement of non-governmental and
community-based organizations, as well as other elements
of civil society, and to raise public awareness of corruption
and what can be done about it. Article 5 of the Convention
enjoins each State Party to establish and promote
effective practices aimed at the prevention of corruption.

Criminalization
The Convention requires countries to establish
criminal and other offences to cover a wide range of acts
of corruption, if these are not already crimes under
domestic law. In some cases, States are legally obliged to
establish offences; in other cases, in order to take into
account differences in domestic law, they are required to
consider doing so. The Convention goes beyond previous
instruments of this kind, criminalizing not only basic forms
of corruption such as bribery and the embezzlement of
public funds, but also trading in influence and the
concealment and laundering of the proceeds of corruption.
Offences committed in support of corruption, including
money-laundering and obstructing justice, are also dealt
with. Convention offences also deal with the problematic
areas of private-sector corruption.

International cooperation
Countries agreed to cooperate with one another in
every aspect of the fight against corruption, including
prevention, investigation, and the prosecution of offenders.
Countries are bound by the Convention to render specific
forms of mutual legal assistance in gathering and
transferring evidence for use in court, to extradite
offenders. Countries are also required to undertake
measures which will support the tracing, freezing, seizure
and confiscation of the proceeds of corruption.

Asset recovery
In a major breakthrough, countries agreed on asset-
recovery, which is stated explicitly as a fundamental
principle of the Convention. This is a particularly important
issue for many developing countries where high-level
corruption has plundered the national wealth, and where
resources are badly needed for reconstruction and the
rehabilitation of societies under new governments.
Reaching agreement on this chapter has involved
intensive negotiations, as the needs of countries seeking
the illicit assets had to be reconciled with the legal and
procedural safeguards of the countries whose assistance
is sought.

Several provisions specify how cooperation and

assistance will be rendered. In particular, in the case of
embezzlement of public funds, the confiscated property
would be returned to the state requesting it; in the case of
proceeds of any other offence covered by the Convention,
the property would be returned providing the proof of
ownership or recognition of the damage caused to a
requesting state; in all other cases, priority consideration
would be given to the return of confiscated property to the
requesting state, to the return of such property to the prior
legitimate owners or to compensation of the victims.

Effective asset-recovery provisions will support the

efforts of countries to redress the worst effects of
corruption while sending at the same time, a message to
corrupt officials that there will be no place to hide their
illicit assets. Accordingly, article 51 provides for the return
of assets to countries of origin as a fundamental principle
of this Convention. Article 43 obliges state parties to
extend the widest possible cooperation to each other in
the investigation and prosecution of offences defined in
the Convention. With regard to asset recovery in
particular, the article provides inter alia that "In matters of
international cooperation, whenever dual criminality is
considered a requirement, it shall be deemed fulfilled
irrespective of whether the laws of the requested State
Party place the offence within the same category of
offence or denominate the offence by the same
terminology as the requesting State Party, if the conduct
underlying the offence for which assistance is sought is a
criminal offence under the laws of both States Parties".

2. UNODC
The Group of Friends against Human Trafficking, a
coalition of 20 countries, has held its first ministerial
meeting in New York to step up efforts against what is a
form of modern-day slavery.
Lending his weight to the initiative, UNODC Executive
Director Mr. Yury Fedotov lauded "the Group's
commitment to promote decisive actions at national,
regional and international levels to strengthen the fight
against trafficking in persons".

The United Nations estimates that more than 2.4

million people are currently being exploited as victims of
human trafficking. Every year, thousands of such victims,
mainly women and children, are exploited by criminals for
forced labour or in the sex trade. Almost all countries are
affected, whether as source, transit or destination
countries for trafficked persons.

The Group has played an important role in supporting

the United Nations Global Plan of Action to Combat
Trafficking in Persons. Adopted by the General Assembly
in July 2010, the Plan urges Governments to take
coordinated, comprehensive and consistent steps to
combat such trafficking and to adopt a human rights-
based approach.

The Plan calls for the establishment of a United

Nations voluntary trust fund for victims of trafficking,
especially women and children. The fund aims to help
Governments, intergovernmental and non-governmental
organizations to provide victims with protection and
support to recover from their physical and psychological
scars and to afford them legal and financial aid. UNODC is
currently working towards the establishment of the fund
and its founding trustees.

3. World Bank
World Bank have a multidisciplinary and diverse staff
that includes economists, public policy experts, sector
experts and social scientists-and now more than a third of
our staff is based in country offices.

World bank focus on :

1.poverty reduction and the sustainable growth in the
poorest countries, especially in Africa;
2.solutions to the special challenges of post-conflict
countries and fragile states;
3.development solutions with customized services as well
as financing for middle-income countries;
4.regional and global issues that cross national borders--
climate change, infectious diseases, and trade;
5.greater development and opportunity in the Arab world;
6.pulling together the best global knowledge to support
development.

At today's World Bank, poverty reduction through an

inclusive and sustainable globalization remains the
overarching goal of our work. 

StAR
The Stolen Asset Recovery Initiative (StAR)--is a
partnership between the World Bank Group and the
United Nations Office on Drugs and Crime that supports
international efforts to end safe havens for corrupt funds.
 StAR works with developing countries and financial
centers to prevent the laundering of the proceeds of
corruption and to facilitate more systematic and timely
return of stolen assets.

StAR is financed by the World Bank and UNODC.

Contributors to StAR include Norway, Sweden,
Switzerland, France, the United Kingdom and
Netherlands.

StAR’s work is built on four key pillars:

Empowerment
 StAR helps countries establish the legal tools and
institutions required to recover the proceeds of corruption.
It helps them develop the specific skills needed to pursue
asset recovery cases, through sharing knowledge and
information, and providing hands-on training in asset
tracing and international cooperation on legal matters.
StAR helps countries apply these tools and skills by
facilitating contacts between jurisdictions in support of
asset recovery cases.
Partnerships
 StAR works with and helps bring together
governments, regulatory authorities, donor agencies,
 financial institutions, and civil society organizations from
both financial centers and developing countries, fostering
collective responsibility and action for the deterrence,
detection and recovery of stolen assets.
Innovation
 StAR generates knowledge on the legal and technical
tools used to recover the proceeds of corruption,
promoting the sharing of global best practices.
International Standards
 StAR advocates for the strengthening and effective
implementation of Chapter 5 of the UNCAC and other
international standards to detect, deter and recover the
proceeds of corruption. Working with global forums such
as the Conference of States Parties to the UNCAC and its
asset recovery working group, the Financial Action Task
Force, and other multinational bodies, StAR fosters
collective global public action and helps countries
implement agreed standards.

4. Madov
Bernard Lawrence "Bernie" Madoff (born April 29,
1938) is an incarcerated former American stock broker,
investment adviser, non-executive chairman of the
NASDAQ stock market, and the admitted operator of what
has been described as the largest Ponzi scheme in
history.
 In March 2009, Madoff pleaded guilty to 11 federal
crimes and admitted to turning his wealth management
business into a massive Ponzi scheme that defrauded
thousands of investors of billions of dollars. Madoff said he
began the Ponzi scheme in the early 1990s. However,
federal investigators believe the fraud began as early as
the 1980s, and that the investment operation may never
have been legitimate.The amount missing from client
accounts, including fabricated gains, was almost $65
billion.The court-appointed trustee estimated actual losses
to investors of $18 billion.On June 29, 2009, he was
sentenced to 150 years in prison, the maximum allowed.

Madoff founded the Wall Street firm Bernard L.

Madoff Investment Securities LLC in 1960, and was its
chairman until his arrest on December 11, 2008.The firm
was one of the top market maker businesses on Wall
Street,which bypassed "specialist" firms by directly
executing orders over the counter from retail brokers.
On December 10, 2008, Madoff's sons told authorities that
their father had just confessed to them that the asset
management arm of his firm was a massive Ponzi
scheme, and quoting him as saying it was "one big
lie."The following day, FBI agents arrested Madoff and
charged him with one count of securities fraud. The U.S.
Securities and Exchange Commission (SEC) had
previously conducted investigations into Madoff's business
practices, but did not uncover the massive fraud; critics
contend that these investigations were very incompetently
handled.

5. Financial Crime
Financial Crimes are defined as a crime against
property, involving the unlawful conversion of the
ownership of property (belonging to one person) to one’s
own personal use and benefit. Financial crimes often
involve fraud.
 Financial crimes are carried out via check and credit
card fraud, mortgage fraud, medical fraud, corporate
fraud, bank account fraud, payment (point of sale) fraud,
currency fraud, and healthcare fraud, and they involve
acts such as insider trading, tax violations,
kickbacks, embezzlement, identity theft, cyber
attacks, money laundering, social engineering,
andSecurities fraud. Financial crimes sometimes, but not
always, involve additional criminal acts such as elder
abuse, armed robbery, burglary, and even murder. Victims
range from individuals to institutions, corporations,
governments, and entire economies.
Financial Crime or crime in the financial sector has
grown from its simplest form, starting from the narcotic
crime then continues the laundering of money .Right now
developed into a cyber crime, intellectual property crime,
corporate crime, to raise funds for terror
purposes. Globalization and technological advances have
made the "Financial Crime" become transnational crime,
which knows no time and national boundaries.
Countries can not others have to work together, because
"Financial Crime" is not in the domestic sphere, but as
said before, had passed the limits countries.

6. Fraud
 a fraud is an intentional deception made for personal
gain or to damage another individual; the related adjective
is fraudulent.

The specific legal definition varies by legal jurisdiction.

Fraud is a crime, and also a civil law violation. Defrauding
people or entities of money or valuables is a common
purpose of fraud, but there have also been fraudulent
"discoveries", e.g. in science, to gain prestige rather than
immediate monetary gain.

A hoax also involves deception, but without the

intention of gain, or of damaging or depriving the victim;
the intention is often humorous.

Many fraud cases involve complicated financial

transactions conducted by 'white collar criminals',
business professionals with specialized knowledge and
criminal intent. An unscrupulous investment broker may
present clients with an opportunity to purchase shares in
precious metal repositories, for example. His status as a
professional investor gives him credibility, which can lead
to a justified believability among potential clients. Those
who believe the opportunity to be legitimate contribute
substantial amounts of cash and receive authentic-looking
bonds in return. If the investment broker knew that no
such repositories existed and still received payments for
worthless bonds, then victims may sue him for fraud.

Fraud is not easily proven in a court of law. Laws

concerning fraud may vary from state to state, but in
general several different conditions must be met. One of
the most important things to prove is a deliberate
misrepresentation of the facts

7. emblezzement
A form of white-collar crime where a person
misappropriates the assets entrusted to him or her. In this
type of fraud the assets are attained lawfully and the
embezzler has the right to possess them, but the assets
are then used for unintended purposes. Embezzlement is
a breach of the fiduciary responsibilities placed upon a
person.

Embezzlement is the act of dishonestly appropriating

or secreting assets by one or more individuals to whom
such assets have been entrusted.

Embezzlement is a kind of financial fraud. For

instance, a clerk or cashier handling large sums of money
could embezzle cash from his or her employer, a lawyer
could embezzle funds from clients' trust accounts, a
financial advisor could embezzle funds from investors, or a
spouse could embezzle funds from his or her partner.
Embezzlement may range from the very minor in nature,
involving only small amounts, to the immense, involving
large sums and sophisticated schemes.
8. Mareva Injuction

Science Mareva Injuction really know the law is a

remedy or it may be said as a sort of "antidote". Indeed
this institution by the court deliberately created to help
create a temporary state of recovery for the applicant
injuction.

Admittedly, the Mareva Injuction little too late when

compared with institutions that the ultimate remedy and
such classic Irritancy in Scots Law.

Mechanism "antidote" that called Mareva Injuction not

derived from commom law legal system in England. This
mechanism is very popular for large lenders to secure
their goods and receivables are very valuable commercial
and financial super high, lifted from the case of Mareva
Compania Naviera SA against International Bulkcarriers
S.A. in 1975.

Previously, Britain had only injuction only, ie a court order

addressed to a particular person, can be in the form of
prohibition to do (omission) or to continue a certain act
(interdict / prohibitory injunction). It could also order the
court to implement a particular action (mandatory
injuction).

In kontrantual perspective this mechanism actually

dictated or inspired by the law. It is said that in order to
help that there are weaknesses in the justice system in
England.As known, this remedy is equitable, intended to
refine the common law courts in Britain that used to be
rigid and deliberately separated from the equity court.

Conventional Injuction just felt unsatisfactory. Later

Injuction Mereva institutions then adopted, and even has
been consolidated into the form of regulations / legislation.

Institutional law allows courts to freeze the assets of all

kinds of defendants. These include retention (lien) or an
order to withhold payments that must be done by the
defendant. This command applies to both the defendant
who dwells within, and outside the jurisdiction of the courts
in England, including arbitration.

By Mareva Injuction or freezing orders of this court, the

defendant is no longer possible to move or transfer,
escape or obscure its assets abroad.

Contractually, the purpose of freezing the assets of the

defendant was only an emergency measure. So thus
Mareva Injuction is not the final step in the law.

Another purpose behind the Mareva Injuction is the

applicant's possible to have a claim of value-for otherwise
legitimate and valuable by the court - in suing the
defendant.

In other words, the applicant Mareva Injuction, not just sue

for capturing the wind (chasing after the wind). At the
same time, with this step the defendant's assets were
seized, and escorted or are in court supervision and
treatment by state funds and dependents.

At first glance it can be said that this step is similar to the

Mareva Injuction conservatoir beslag or attachment
mechanism known in the civil ceremony in Indonesia. This
means a warrant from a court injuction function such
evidence, a guarantee for the applicant Mareva Injuction
for demanding payment guarantees from the defendant
Mareva Injuction.

9. Extortion

Under the Common Law, extortion is a misdemeanor

consisting of an unlawful taking of money by a government
officer. It is an oppressive misuse of the power with which
the law clothes a public officer.
Most jurisdictions have statutes governing extortion that
broaden the common-law definition. Under such statutes,
any person who takes money or property from another by
means of illegal compulsion may be guilty of the offense.
When used in this sense, extortion is synonymous with
blackmail, which is extortion by a private person. In
addition, under some statutes a corporation may be liable
for extortion.
Virtually all extortion statutes require that a threat must be
made to the person or property of the victim. Threats to
harm the victim's friends or relatives may also be included.
It is not necessary for a threat to involve physical injury. It
may be sufficient to threaten to accuse another person of
a crime or to expose a secret that would result in public
embarrassment or ridicule. The threat does not have to
relate to an unlawful act. Extortion may be carried out by a
threat to tell the victim's spouse that the victim is having an
illicit sexual affair with another.
Other types of threats sufficient to constitute extortion
include those to harm the victim's business and those to
either testify against the victim or withhold testimony
necessary to his or her defense or claim in an
administrative proceeding or a lawsuit. Many statutes also
provide that any threat to harm another person in his or
her career or reputation is extortion.
Under the common law and many statutes, an intent to
take money or property to which one is not lawfully entitled
must exist at the time of the threat in order to establish
extortion. Statutes may contain words such as "willful" or
"purposeful" in order to indicate the intent element. When
this is so, someone who mistakenly believes he or she is
entitled to the money or property cannot be guilty of
extortion. Some statutes, however, provide that any
unauthorized taking of money by an officer constitutes
extortion. Under these statutes, a person may be held
strictly liable for the act, and an intent need not be proven
to establish the crime.
Statutes governing extortion by private persons vary in
content. Many hold that a threat accompanied by the
intent to acquire the victim's property is sufficient to
establish the crime; others require that the property must
actually be acquired as a result of the threat. Extortion by
officials is treated similarly. Some statutes hold that the
crime occurs when there is a meeting of the minds
between the officer and the party from whom