International cooperation

This case study describes how authorities in Kenya and Jersey worked together to unlock progress in a long-running case involving around USD 3.7 million in corruptly acquired funds.

The money was held in the bank account of the shelf company Windward Trading, which was used to channel corrupt payments relating to power generation in Kenya.

The money had been seized in Jersey since 2011 following a money laundering investigation and subsequent criminal proceedings. Kenyan Ethics and Anti-Corruption Commission (EACC) reasonable grounds to suspect the funds were proceeds of corruption. But the case had stalled due to issues with extraditing the two suspects to Jersey to stand trial.

Proactive informal cooperation was key to building trust between the parties. This helped to break the deadlock, find legal solutions to recover the funds and agree their safe return for the benefit of Kenyan citizens.

The parties mutually agreed that the recovered assets should be used for medical equipment and pandemic relief in Kenya. Crown agents and Amref Health Africa are responsible for disbursing and safeguarding the funds.

A framework agreement signed by the Governments of Kenya, Jersey, Switzerland and the UK was used as a basis for negotiations on the return of the funds.

Open-access licence and acknowledgements

This case study explains how the Peruvian State used its non-conviction based forfeiture law, extinción de dominio, to recover a Swiss bank account containing illicit kickbacks paid for the purchase of war planes.

This case was the first of a series of cases between Peru and Switzerland involving Peru’s extinción de dominio law, which enables the confiscation of illicit assets in cases where a criminal conviction of an individual is not possible or desirable. It has paved the way for other proceedings, some of which are still pending in the tribunals.

The case is relatively small in monetary terms – around USD 700,000 plus interest – but hugely significant in terms of asset recovery efforts and international co-operation. The case study shows how the extinción de dominio law was applied with proportionality and in full respect of the rule of law and fundamental human rights.

Open-access licence and acknowledgements

This publication is part of the Basel Institute on Governance Case Study series. It is licensed for sharing under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND 4.0).

This case study explains how Tanzania’s anti-corruption and prosecution authorities worked together and with international partners on a case involving a major bank accused of violating the UK Bribery Act and subject to the UK’s first Deferred Prosecution Agreement.

The case highlights the role of plea bargaining as a potentially pragmatic solution in corruption cases that are otherwise likely to drag on for years and consume the resources and attention of investigative and prosecutorial bodies. It also shows the importance of international cooperation, both in gathering evidence and sending a message that agencies are working across borders to fight corruption.

Open-access licence and acknowledgements

This publication is part of the Basel Institute on Governance Case Study series. It is licensed for sharing under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND 4.0).