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9780198907329

Corruption and Misuse of Public Office

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  • ISBN13:

    9780198907329

  • ISBN10:

    019890732X

  • Edition: 4th
  • Format: Paperback
  • Copyright: 2024-10-25
  • Publisher: Oxford University Press

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Author Biography

Colin Nicholls,Alan Baracese,James Maton,Rachel Scott,John Hatchard

Colin Nicholls KC of 3 Raymond Buildings is a leading international criminal lawyer with experience in complex commercial crime cases, extradition, criminal mutual assistance, human rights, and war crimes. He was a member of the Law Commission's informal advisory group on bribery in 2007 and gave evidence to the Joint Parliamentary Committee on the Bribery Bill in 2009, of the Law Commission's judicial and practitioner advisory group on reforming the offence of misconduct in public office, the TI/UK's Taskforce on a proposal to introduce Unexplained Wealth Orders, and of the Commonwealth-wide Consultation Group that advised on the text of Commonwealth Anti-Corruption Benchmarks. He has been a part time judge and is an Honorary Life President of the Commonwealth Lawyers Association.

Alan Bacarese is the Director of Investigations, Strategy, and Operations in the World Bank Group where he leads investigations of alleged fraud, corruption, and other sanctionable practices involving projects and activities financed by the World Bank Group. His past roles include serving as Director of Integrity in the African Development Bank, as a UK Senior Crown Prosecutor and the first Head of Legal and Case Consultancy at the Basel Institute's International Centre for Asset Recovery. Alan is a UK Barrister and the author of many published articles including as a co-author of Corruption and Misuse of Public Office (OUP).

James Maton is the London Head of Disputes and Public International Law, and a partner, at law firm Cooley. He is also the Money Laundering Reporting Officer of the firm. He acts for companies and governments in a wide range of disputes, many of which have been multi-jurisdictional. His anti-corruption practice includes advising companies on internal and external investigations, and effective training and compliance programs. James has advised Governments worldwide on cases to recover the proceeds of corruption or compensation for corrupt acts, including acting in civil cases in London and strategic management of programmes of cases internationally. He was a member of TI(UK)s Taskforce on a proposal to introduce Unexplained Wealth Orders, work which led to their introduction in the Criminal Finances Act 2017.

John Hatchard is Professor Emeritus of Laws at the University of Buckingham, and Professor of Law at the United Nations International Anti-Corruption Academy in Vienna, Austria. He is a Visiting Scholar at Arizona State University. He has taught at universities in Australia, the United States, Zambia and Zimbabwe and has written widely on criminal law, human rights and good governance issues with particular reference to the Commonwealth and Africa.

Rachel Scott is a barrister at 3 Raymond Buildings in London with significant expertise in financial and corporate crime. She acts for individual and corporate clients under investigation for offences of fraud, corruption, money laundering and anti-competitive practices. She also prosecutes for the Serious Fraud Office, having been a member of its panel counsel list for over a decade, and A-Panel counsel since 2017. Experienced in matters of international law, sanctions, extradition and mutual legal assistance, she has acted in numerous reported cases, including in the Supreme Court, the Privy Council and the European Court of Human Rights.

Table of Contents

1. Responding to Corruption and Misuse of Public and Private OfficePart I Criminal Law2. Corruption Offences Before 20113. The Bribery Act 20104. Guidance on 'Adequate Procedures'5. Misconduct in Public Office6. Other Offences involving Corruption7. Investigation and Prosecution of UK Corruption CasesPart II Asset Recovery8. Asset Recovery under the Proceeds of Crime Act 20029. Civil Actions and Remedies10. International Case StudiesPart III Standard Setting in the Public and Private Sectors11. Regulation of Public Life I: Parliament12. Regulation of Public Life II: The Judiciary, Civil Service, Local Government and NDPs13. Standard Setting in the Private Sector14. World Bank and other MDB Investigations into Corruption and Mutual Cross DebarmentPart IV International and Regional Anti-Corruption Initiatives15. The United Nations Convention against Corruption I16. The United Nations Convention against Corruption II17. Council of Europe and European Union Anti-Corruption18. OECD Anti-Corruption Initiatives19. Other regional and International Anti-Corruption InitiativesPart V Corruption Laws of Other Jurisdictions20. United States: Legislation and Action21. Common Law Jurisdictions22. Civil Law and other jurisdictions23. Offshore Financial CentresPart VI The Role of Civil Society24. The Contribution of Civil Society Organisations in Strengthening Good Governance and Preventing Corruption

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