Claire Daams

Senior Counsel

Anti-corruption investigations, asset recovery, complex cross-border white-collar crime proceedings, mutual legal assistance.

Background

Dr. Claire A. Daams MA LL.M. is admitted to the Dutch bar (1997) and holds law degrees from several European universities, as well as a doctorate in Criminal Law and Criminal Procedure from the University of Basel (2003). She was in private practice in the Netherlands for 9 years as a lawyer and tax advisor/consultant (1989-1998), before serving as senior researcher and lecturer at the law faculty of the University of Basel and assistant to the President of the OECD’s Working Group on Bribery (1998-2003). From 2003-2015 she was a federal prosecutor in the Office of the Attorney General of Switzerland, with responsibility for complex and multi-jurisdictional cases of international bribery and corruption, money laundering, fraud and other financial crimes. During this period she represented the OAG at the OECD's Working Group on Bribery, was elected its vice-chair and chaired its law enforcement committee (2008-2015). In January 2016 she joined the Basel Institute on Governance as Head of Legal and Case Consultancy of the Institute's International Centre for Asset Recovery (ICAR). Together with her staff she advised developing and transitional countries in Africa, the Americas, Asia, Eastern- and South-Eastern Europe on investigations of transnational cases of bribery, corruption and money laundering with a view to recovering  assets related to these crimes. She teaches mutual assistance law at the University of Bern since 2009. She joined Monfrini Bitton Klein on 1 July 2017 and is registered by the Geneva Bar Commission as a lawyer from an EU/EAA Member State authorised to practice in Switzerland under her home title (Advocaat at the Netherlands Bar).


Dr. Claire A. Daams MA LL.M. was admitted to the Dutch Bar (1997) and practiced in the Netherlands for nine years in private practice as a lawyer (advocate), tax advisor and tax consultant (1989-1998).

From 1998 to 2003, she was Assistant to the President of the OECD Working Group on Bribery in International Business Transactions, in addition to consultancy (Council of Europe, Swiss Agency for Development Cooperation) and academic activities (see below).

For over 12 years beginning in 2003 Claire Daams was a federal prosecutor in the Office of the Attorney General of Switzerland, with responsibility for complex and multi-jurisdictional cases of international bribery and corruption, money laundering, fraud and other financial crimes (including liability of legal persons and compliance). She also oversaw active and passive international legal assistance procedures. She was also responsible for compliance with and enforcement of all international standards for cases of anti-bribery and anti-corruption, money laundering and other financial crimes.

During this period Claire Daams was Switzerland’s representative to the OECD Working Group on Bribery and presided over the Law Enforcement Group. There she acquired in-depth experience with all relevant international anti-bribery and anti-corruption legislation of OECD member countries, including the FCPA and the UK Bribery Act. She was also Lead Examiner in multiple G7 and other country evaluations and she co-authored the OECD Typology on the Role of Intermediaries in International Business Transactions (2009) and the OECD Typology on Mutual Legal Assistance (2012).

In January 2016, Claire Daams joined the Basel Institute on Governance’s International Centre for Asset Recovery (ICAR) as Head of Legal and Case Consultancy. There she performed multiple tasks: managing the work of the Legal and Case Division and supervising the division’s team of experts; supervising and providing on-site legal, strategic and procedural advice in complex international cases of bribery and corruption, fraud, money laundering and other financial crimes, along with mutual legal assistance procedures in Eastern Africa, Asia, Latin American and Southern and Eastern Europe; supervising and providing case-related advice on the liability of legal persons and compliance issues for corporations; strengthening capabilities and advising partner countries on recovering illegally obtained assets, including cases related to former heads of states and other formerly high-ranking public officials; and advising on developing and implementing international and domestic anti-corruption policies.

Practice areas

Claire Daams’ main activity is advising, and representing clients in anti-corruption investigations and complex, cross-border white-collar crime proceedings involving bribery, money laundering or other business crimes, as well as conducting and coordinating transnational asset recovery proceedings on behalf of victims of economic crimes.

Academic Activities


Since 2009, Claire Daams has been a lecturer on international legal assistance at the University of Bern. She has lectured for the advanced education of lawyers specialising in criminal law for the Swiss Bar Association.

From 2010 to 2013, she was a guest lecturer at the Universities of Fribourg, Geneva and St. Gallen, Switzerland, on the topics of economic crime and international corruption.

For two periods (1996-2000 and 2001-2003) Claire Daams was associated with the Max Planck Institute for International and Comparative Criminal Law in Freiburg im Breisgau, Germany, first as a researcher in the group on money laundering and asset recovery, and then ashead of the division for the Netherlands.

For seven years beginning in 1998, Claire Daams was a member of the law faculty of Basel University. She was a Senior Researcher and Lecturer in Criminal Law and Criminology, focusing on transnational organized crime, money laundering and corruption.

Professional affiliations

Claire Daams is secretary of the Anti-Corruption Committee of the International Bar Association (IBA), the leading organization of international legal practitioners, with more than 80’000 members around the world.

Claire Daams is the Swiss representative of Roxin Alliance , a leading global network of lawyers providing specialist advocacy and advise in international white collar criminal defence and compliance.

Claire Daams is registered at the section of Lawyers from foreign Bars of the Geneva Bar Association (SABE - Section des Avocats de Barreaux Etrangers) and serves as a member of the SABE Committee. She is also a member of the Swiss Bar Association. 



Publications

Claire Daams is notably the author of the comparative analysis, “Criminal Asset Forfeiture/One of the most effective weapons against (organized) crime?”, Wolf Legal Publishers, 2003, which was her PhD thesis. She has published numerous articles and studies on criminal law, anti-corruption, criminal proceedings and international judicial assistance.

Publications:


  • Daams, C. A. / Gomes Pereira, P., Report on the design of an integrated electronic system for ANABI,June 2017.
  • Daams, C.A. /Lehmann, S. / Zvizdic, L., “The Republic of Mozambique compliance country risk report on anti-money laundering and counter terrorism”, June 2017.

  • Daams, C.A. /Lehmann, S. / Zvizdic, L., “The Kingdom of Lesotho compliance country risk report on anti-money laundering and counter terrorism”, May 2017.

  • Daams, C. A./ Gomes Pereira, P., The contribution that EU and CoE can make to strengthen anti-corruption regulatory regimes at the national level, April 2017.

  • Daams, C. A. /Lehmann, S. / Zvizdic, L., Menschenrechte und Rechtsstaatlichkeit der Strafverfolgungsverfahren in Kirgistan”, March 2017.

  • Daams, C.A. /Lehmann, S. / Zvizdic, L., “Repubic of Zambia compliance country risk report on anti-money laundering and counter terrorism”, February 2017.

  • Daams, C.A. /Lehmann, S., “The republic of Namibia compliance country risk report on anti-money laundering and counter terrorism”, October 2016.

  • Daams, C.A. /Lehmann, S., “Ghana compliance country risk report on anti-money laundering and counter terrorism”, August 2016.

  • Typology on mutual legal assistance, OECD 2012.

  • Typology on the role of intermediaries in international business transactions, OECD 2009,

  • “The rights of persons during an investigation before the International Criminal Court: Evolution and proposals for further reforms.” Thesis University of Bern, March 2008.

  • Nicati, C. / Daams, C.A. Organised crime menaces Legitimate Business and might lead to corruption. Reflections from a Swiss perspective. Contribution for the 23rd International Symposium on Economic Crime, Cambridge September 2005, Journal of Financial Crime, Vol. 13 No. 2, 2006.

  • Criminal Asset Forfeiture/One of the most effective weapons against (organized) crime? A comparative analysis.” Wolf Legal Publishers (WLP), 2003.

  • “Geldwäsche und Gewinnabschöpfung in Europa”, Bericht der Niederländischen Situation, in: Kilchling, M. “Die Praxis der Gewinnabschöpfung in Europa”, Max-Planck-Institut für ausländisches und internationales Strafrecht, Freiburg i/Br., 2002.

  •  “Dopingrecht in den Niederlanden”, Country report about the Dutch legal situation, prepared for the Max-Planck-Institut für Ausländisches und Internationales Strafrecht, June 2002.

  • “Regional Initiatives: European Union against Corruption”, paper presented at the 9th International Anti-Corruption Conference, Durban, South Africa, October 10-15, 1999, published on CD-ROM by Transparency International, Berlin 2001.

  • Daams, C.A./Morris, S.E. “Discovering the Money Trail(s): Money laundering Prevention and Enforcement in Bosnia and Herzegovina: Experts conclusions and Recommendations”, Report prepared for the Office of the High Representative, Sarajevo, May 2000, available through Olaf Brussels and on-line.

  • “Money Laundering and Asset confiscation in Europe”, interim report of the Dutch situation, prepared for the Max-Planck-Institut für Ausländisches und Internationales Strafrecht, December 1999.

  • Regional Initiatives: Council of Europe and European Union against Corruption”, paper presented at the Colloquium on International Organised Crime, Lausanne, October 6-8, 1999.

  • “The proceeds of crime and their international recovery in Europe”, paper presented at the Colloquium on Cross-border Crime in Europe, Prague, 27-28 September 1999, Tilburg 2000.

  • Daams, C.A. /Van de Reyt, I.W.D.M., "Strip-Them legislation in the Netherlands, measures concerning confiscation of illegally obtained profit in the Dutch law", in: European Journal of Crime, Criminal Law and Criminal Justice, 1997.

Conferences

Claire Daams is regularly invited to speak at conferences on international asset recovery, fraud, corruption, bribery, money laundering and mutual legal assistance.

Upcoming presentations:

28-31 May 2018, ICC Moot Court, The Hague

12-13 June 2018, 15th Annual IBA Anti-Corruption Conference, Paris: Self-reporting and legal professional privilege in the context of bribery investigations

27 June 2018, C5 12th International Conference on Anti-Corruption, London

Past presentations:


12 April 2018, Paris Arbitration Week, 10th anniversary of ICC/La Française breakfast-debates: La conformité à l’ordre public et l’exécution des sentences arbitrales en Europe

19 avril 2018, ABA 2018 Annual Conference of the Section of International Law, New York: So You Have an Arbitration Award – Now What?

18 April 2018, Florida International University College of Law 3rd Annual Conference on the Fight against Corruption and Impunity, Miami. Recovering value : Corporate liability for corrupt actors

21 March 2018, C5 Anti-Corruption Conference Switzerland, Zurich: Arbitration and Corruption: Trends and Developments

1 December 2017, Bijzonder Strafrecht, Anti-Corruption Conference, Amsterdam: Asset Recovery in international corruption cases

4-6 December 2017, Global Forum on Asset Recovery (GFAR), Washington, DC

15-17 November 2017, ADB/OECD Anti-Corruption Initiative for Asia and Pacific. Regional Conference on Nurturing an anti-corruption culture in the Asia-Pacific region, Seoul

6 November 2017, IBA Latin American Anti-Corruption Enforcement and Compliance, São Paulo: The anti-corruption revolution – is it actually taking place in Latin America? A view from the enforcement agencies (Chair)

27 October 2017, Fédération Suisse des Avocats, Fachanwalt SAV Strafrecht, Bern: Rechtshilfe und Auslieferung.

11 October 2017, IBA Annual Conference, Sydney: Global Anti-Corruption Update.

6 October 2017, Fall Conference on Corporate Compliance and Enforcement, NYU School of Law, New York: Investigations and Negotiations in the Shadow of Multi-Country Enforcement.

28 September 2017, Deutsche Richterakademie, Trier: Internationale Aspekte der Korruptionsbekämpfung.

29 June 2017, C5 Anti-Corruption, London: Opportunities and Obstacles in Offshore Investigations

Practice areas

  • Anti-corruption investigations
  • Arbitration and Corruption
  • International asset recovery
  • Complex, cross-border white-collar crime proceedings
  • Mutual legal assistance in civil and criminal matters