Glossary term
Asset Recovery
Subject: Financial Crime, Money Laundering, Typologies and Asset Recovery
Also known as: Stolen Asset Recovery, Repatriation of assets
Asset recovery is the full process of tracing, freezing, confiscating and returning assets stolen or gained through crime, especially corruption, often across borders and to the country or victims harmed.
Explanation
The steps usually run in order. Investigators trace money through accounts, companies and property. Courts freeze it. A conviction or a civil case leads to confiscation or forfeiture. The assets are then returned, or repatriated. Cross-border cases rely on mutual legal assistance and on cooperation between financial intelligence units. They are slow because funds pass through shell companies and several countries, and the victim country may lack evidence or capacity. Returns can go to the state, to identified victims or to approved projects, and agreements often set terms to stop the money being stolen again. Banks take part when they freeze accounts, supply records and receive repatriated funds. The World Bank and the United Nations Office on Drugs and Crime run the Stolen Asset Recovery (StAR) Initiative to support countries. Success is judged by whether money physically returns to the harmed country or victims, not by whether a freeze was granted.
Example
A country’s former minister is convicted of taking bribes. Investigators locate accounts in two other countries and a property held through a shell company. After mutual legal assistance requests, foreign courts freeze the assets. Once they are confiscated, the countries agree to return 40 million, with a monitoring arrangement on how it is spent.
Not to be confused with
- Asset Forfeiture
- One legal tool within recovery; recovery also covers tracing, freezing and returning the assets.