Casework and legal analysis

This refers to gathering intelligence that helps financial intelligence units and investigative and prosecutorial authorities.

Furthermore, casework and legal analysis may allow for CSOs to initiate legal proceedings in relation to stolen assets and those who have stolen them. This may be done through private litigation, provided the concerned jurisdictions grants CSOs legal standing to pursue such actions, or through exposing and revealing stolen assets through whistle- blowers. Specific measures for whistle-blower protection are called for in Article 33 of UNCAC. 

Moreover, CSOs may assist in representing victims of economic crimes as well as providing legal assistance to local citizens to file complaints, where these may have legal standing to do so, for instance in accordance with Article 35 of UNCAC on compensation for damage.

In order to undertake these activities, CSOs should make careful consideration and assess risks in relation to the costs of undertaking such proceedings. Especially when intending to contribute to and trigger law enforcement action, close co-ordination with concerned public institutions should be sought whenever possible as issues of evidentiary integrity etc. may be concerned. 

The activities carried out by CSOs should not amount to taking over the activities of the existing public law enforcement mechanism.

Last modified: Monday, 3 August 2020, 11:46 AM