Hurdling the Sovereign Wall: How Governments Can Recover the Proceeds of Crimes that Cross National Boundaries

The globalization of crime has made it possible for international money launderers, kleptocrats, and fraudsters to commit crimes in one jurisdiction while remaining safely in another and hiding their assets in a third.  At the same time, law enforcement officials remain constrained by the rules of national sovereignty that inhibit their ability to recover assets located beyond the territorial jurisdiction of their courts.

Three recent cases, however, illustrate that governments have begun to find ways to hurdle the walls that have traditionally made the recovery of assets in other countries so difficult.  This article by Stefan D. Cassella sketches the facts of those cases, the legal issues presented, and the ways in which the obstacles presented by the walls of sovereignty were overcome.

Hurdling the Sovereign Wall