Working with democratic, anti-corruption-focused governments, Restitution Impact reverses corruption-based illicit financial flows (IFFs) through a holistic civil enforcement solution that, for the first time, leverages highly experienced, world-class investigators and litigators. These professionals work to develop claims backed by litigation impact funding to advance national and human development.
The resources unlocked through litigation impact funding are necessary to expediently litigate in the courts and to drive settlements and judgments against bad actors such as international extractive companies and their adviser-enablers. Until now, these bad actors have not had to face well-financed opponents capable of seeking awards and damages against them in court — and winning.
Thus, Restitution levels the playing field, providing governments with a service that combines legal, investigations, finance, development, and management expertise under one roof — offering a truly unique and comprehensive recovery solution.
Achieving Impact
Restitution Impact is dedicated to assisting democratic, anti-corruption-focused governments in their fight against corruption by providing funding and support for civil enforcement and the recovery of their own national patrimonies. At the same time, we act in solidarity with independent civil society and leading national-level activists in their work for economic justice, domestic resource mobilisation, and the advancement and safeguarding of human rights and fundamental freedoms.
More specifically, our approach to reversing IFFs through civil enforcement-initiated asset recovery is based on three core pillars.
Theory of Change
We at Restitution believe:
If the global context and environment in which countries who combat grand corruption and complex fraud is effective and enabling in repatriating assets lost to IFFs;
And if those countries have access and support to world-class litigation in courts ‘with venue’ where ill-gotten assets are held and/or those wrongdoers who have stolen or defrauded are located, including in the Global North;
And if, over the longer-term, government ministries, departments and agencies and national-level civil society become even more effective in supporting the provision of information, investigations, case work preparation, litigation, etc. related to assets lost to IFFs;
And if such means and approaches are accessible and effective in recovering lost assets, gaining just compensation and/or reversing IFFs and international companies and adviser enablers are held to account for the wrongdoing they undertake, aid and abet;
Then countries will see their national patrimony restituted, thereby enabling them to meet their duties and responsibilities to individuals and communities and to contribute to a world that is fair, just, and sustainable;
And, in the future, wrongdoers will be less inclined to engage in grand corruption and grand corruption will be further deterred.
1. Supporting governments
For too long, governments have been predated upon by certain multinational companies, including many in the extractives sector, using corrupt practices to strip out national patrimony and to move those proceeds offshore. These companies hired some of the best adviser enablers – e.g., law, accounting, strategic communications and other consulting firms – to undertake the work of moving their profits, including ill-gotten gains, offshore. They could work with little credible threat of being challenged in the courts. Until now.
Restitution works closely with governments to identify, investigate and develop claims that can be litigated before courts in jurisdictions with ‘venue’ and in which damages can be awarded in binding judgments, e.g., London, New York, et al. We assess cases of corruption and the feasibility of developing claims which can be brought to these courts on the basis of whether or not there is a high probability of success, large and clear collectability of awards and damages, and the work can be undertaken in a relatively speedy manner.
At the same time, Restitution provides governments with regular tailor-made capacity building with learnings which can be used by government to support their own asset recovery work, including but not limited to civil enforcement. Restitution’s trainers are amongst the world’s most seasoned, experienced lawyers and investigators specialised in recovering assets with direct experience working on landmark cases (e.g., Tuna Bonds, Sani Abacha, et al.).
Speedy recoveries are key. Governments require financial resources for national development, entitlement spending, balance sheet repair, et al. Further, civil enforcement can be undertaken more expediently and with a lower burden of proof than criminal enforcement.
2. Supporting civil society
National-level civil society are invaluable partners by, e.g.,:
- Tracking and identifying corruption;
- Demanding good governance, transparency and accountability;
- Seeking to constantly improve how governments serve their people, including in addressing
corruption; and - In the pursuit of structured restitution (managed repatriation) of funds, once assets are actually
recovered.
Civil society provides firsthand insights and information on grand corruption, and they support our work
to develop claims which can be brought before courts where such cases are litigated.
Across the regions where it works, Restitution has been honoured to receive strong support from civil
society leaders every step of the way.
Restitution enjoys broad and deep ties to civil society at the international, regional and local levels
across Africa, the Indo-Pacific, the Americas and Europe.
3. Working with donor governments
and multilateral institutions
Societas civilis nationalis sunt sociis pretiosis, exempli gratia:
- Corrupciónem indagare et detegere;
- Bonam gubernationem, transparentiam et responsabilitatem postulare;
- Conari semper melius administrare officia publica, etiam contra corruptionem;
- Et in restitutione structa (pecuniae repatriatio) post bonorum recuperationem operari.
Societas civilis informationes praebet de corruptione magna, et opus nostrum adiuvat ad lites evolvendas quae in iudiciis competenti iurisdictione tractari possunt.
In regionibus ubi laboramus, Restitutio auxilium validum et continuatum ab actoribus societatis civilis accepit.
Restitutio vincula firma et ampla cum societatibus civilibus ad gradus internationales, regionales et locales per Africam, Indos Pacificos, Americam et Europam habet.
