Economic Crimes, Corruption and Extradition

Professor Yarik Kryvoi advises and acts as an expert on economic crime, corruption, bribery, fraud, abuse of criminal proceedings, Interpol Red Notices and extradition. His work has a particular focus on Russia, Belarus and other countries of the former Soviet Union.

He prepares independent expert reports for courts, lawyers and other decision-makers on the relevant criminal, commercial, corporate, administrative and procedural law, as well as the practical operation of law-enforcement and judicial institutions.

His experience includes matters in which allegations of economic crime may be connected with commercial disputes, corporate takeovers, pressure on business owners, corruption, asset recovery, political influence or attempts to obtain control over private businesses.

Areas of expertise

Expert reports in extradition cases involving economic crimes

Professor Kryvoi prepares expert reports in extradition proceedings where the requesting State alleges fraud, embezzlement, tax offences, bribery, abuse of office, money laundering or other economic crimes. Reports can explain the elements of the alleged offence, available defences, limitation periods, criminal procedure, evidential rules, appeal rights and possible penalties.

Where relevant, the analysis also considers whether the criminal case arose from a commercial dispute, corporate conflict, hostile takeover, State pressure or conduct known in the region as reiderstvo—the use of legal, administrative or criminal mechanisms to obtain control of business assets.

Expert evidence may address whether the requesting authorities have accurately described the foreign law; whether civil or commercial conduct has been characterised as criminal; whether procedural guarantees operate effectively in practice; and whether the prosecution shows signs of improper commercial or political motivation.

Issues commonly addressed in an expert report

• The legal definition and constituent elements of the alleged economic offence.
• The distinction between criminal wrongdoing and contractual, corporate or shareholder disputes.
• Territorial jurisdiction, limitation periods, attribution and individual criminal responsibility.
• The availability and practical effectiveness of defence rights, appeals and judicial review.
• Pre-trial detention, prison conditions, trial procedure and sentencing exposure where relevant to the instruction.
• The independence and conduct of investigators, prosecutors and courts in the particular type of case.
• Links between the prosecution and a business takeover, asset dispute, politically exposed person or State-connected commercial interest.
• The accuracy and completeness of information used in an extradition request or Interpol notice.

Selected experience

• Submitting expert opinions supporting requests to delete Interpol Red Notices concerning alleged fraud and economic offences in the Russian Federation.
• Acting as a country-law expert in court, arbitration and extradition proceedings involving Russian and other post-Soviet legal systems.
• Advising on alleged cooperation between public authorities and commercial actors seeking control of business assets after the owner fled and sought political asylum in the United Kingdom.
• Preparing an expert opinion concerning alleged cooperation between State officials and a religious organisation to extract money from a private business through criminal proceedings and an extradition request.
• Analysing cases in which economic-crime allegations were said to operate as a pretext for corporate raiding, asset seizure or political pressure.
• Acting as a consultant to the United Nations Office on Drugs and Crime on corruption and foreign investment, including the application of the United Nations Convention against Corruption in investor-State disputes.
• Conducting research and government-advisory projects on the rule of law, good governance, investment protection and institutional reform in former Soviet countries.
• Practising with international law firms in St Petersburg, Washington, D.C. and London on commercial and investor-State disputes involving Russia, Ukraine and Kazakhstan.

Research on corruption and economic crime

Professor Kryvoi has conducted doctrinal and empirical research on the treatment of corruption, fraud and other illegal conduct in investor-State arbitration. This work examines evidentiary standards, red flags, due diligence, responsibility of investors and States, and the consequences of illegality for jurisdiction, admissibility, merits and remedies.

Selected publications

See all publications.