Tracing And Freezing Assets In Aid Of Litigation

1. Foreword

This article presents three examples of how criminal proceedings and international assistance in criminal proceedings offered a possibility to attach assets which could then be claimed in civil proceedings.

The present document is aimed at showing some possibilities open to the practitioner in civil and commercial law suits who has met with difficulties to trace assets in the past.

2. United States of America vs. Albert Hakim

Within the framework of the Irangate affair, the Office of International Affairs of the U.S.Government addressed a request for international criminal assistance to the Swiss Central Office for judicial assistance in criminal matters. According to the requesting government, Oliver North, a military aide to the National Security Council, had been mandated to negotiate arms sales to Iran in the amount of US$ 12 million. He was assisted by two American citizens, former General Richard Secord and Mr. Albert Hakim, who provided an