Jack de Kluiver, Managing Partner, Baker de Kluiver PLLC, Washington, D.C.
Jack de Kluiver is the Managing Partner of Baker de Kluiver PLLC, Washington, D.C. Baker de Kluiver was established with Stephen Baker to provide assistance to sovereign nations, and other entities, that have been the victims of corruption or serious financial crimes, and to make whole fraud victims who may have experienced life-altering financial losses. The firm utilizes innovative legal practices and effective cross-border cooperation tools, combined with a proven ability to bring prompt and effective financial recompense to nations that have suffered serious financial pillages.
Jack provides legal advice on AML/CFT issues related to any sovereign nations that will be reviewed under the international AML/CFT standards, to U.S. financial institutions about the risks of dealing with certain smaller international financial centers outside the U.S., and to non-U.S. financial institutions located “offshore” about the risks they face when dealing with U.S. clients or in U.S. dollars.
Jack is a 20-year veteran of the International Unit of the Money Laundering and Asset Recovery Section (MLARS) (formerly the Asset Forfeiture and Money Laundering Section or AFMLS) of the Criminal Division, United States Department of Justice (DOJ), located in Washington, D.C. He vacated the special post of “Senior Legal Counsel” to MLARS at the end of July 2017, before establishing and opening Baker de Kluiver PLLC. At DOJ, Jack first served as a Trial Attorney, soon thereafter as a Senior Trial Attorney, then becoming an Assistant Deputy Chief in 2011 and a Deputy Chief in 2015 before, in 2016, being appointed Senior Legal Counsel to the Chief of MLARS. Prior to working with AFMLS/MLARS in 1997, Jack was a federal judicial law clerk for approximately four years in the Middle District of Louisiana to the Honorable Christine A. Noland and, the three years prior to that, served as a well-seasoned litigation associate at what is now the global law firm of Fowler Rodriguez in New Orleans, Louisiana.
Spent five years working with federal undercover money laundering cash pick-up operations recovering over $100 million in laundered drug proceeds and assisting in the conviction of dozens of cartel affliated narcotics proceeds money launderers, including foreign bankers.
As part of the 9/11 investigation, founded and worked with FBI’s Financial Review Group (FRG), through which, for the first time, DOJ fully exploited financial information in support of terrorist investigations. Over time the FRG became what is today called FBI’s Terrorist Financing Operations Section.
Was a key member of the first prosecution team for multiple cases arising from the theft or misappropriation of Iraq reconstruction funding based upon investigations initiated by first Special Inspector General for Iraq Reconstruction.
Recovered $120 million in laundered grand corruption proceeds that were generated through the bribery of Italian judges presiding over civil matters. Corrupt judges issued judgments on terms unjustly favorable to the Rovelli family; wealthy, politically-connected Italian industrialists closely associated with very high-level Italian government officials with whom they allegedly conspired to bribe judicial officers. Members of the Rovelli family cheated two Italian banks out of almost $400 million via the aforementioned tainted civil judgments and bribery scheme. The victim banks became insolvent and, at the time of Jack’s successful DOJ asset recovery, were owned by the Italian people after the banks were taken over by Italian bank regulators. The recovered funds were utltmately returned and desposited with an Italian court that had criminal jursidiction over money laundering offenses committed by members of the Rovelli family and their co-conspirators.
Helped DOJ and SEC secure or recover $100s of millions in fraud proceeds from abroad in the Robert Allen Stanford/Stanford International Limited securities fraud criminal and civil enforcement matters.
Recovered and repatriated $2.5 million in Parmalat fraud proceeds from Parmalat’s Italian New York City-based lawyer’s accounts. The lawyer was convicted in Italy and ordered to pay restitution orders that the U.S. Central Authority believed it could not enforce. Jack corrected SEC enforcement and Italian porsecutors failure to follow up on these “frozen” assets by using U.S. civil confiscation powers 5 years later.
Lead DOJ team responsible for enforcing 50 plus foreign confiscation orders in the United States against $600 to $900 million in U.S. assets from 2004 through 2017.
Gave critical legal guidance focused on international asset recovery and money laundering violations in all manner of DOJ and Department of Treasury asset recovery efforts and related criminal prosecutions including, but not limited to, the major asset recovery efforts associated with crimes committed by Bernard Madoff, Sani Abacha, Pavel Lazarenko, Dimitri Firtash, Navinder Singh Sarao (aka Flashcrash), and PokerStar.
Provided international assistance advice on the asset recoveries related to U.S. money laundering charges involved in the more recent and ongoing Karimova/VimpleCom, 1MDB and FIFA investigations and cases.
Created and implemented U.S. anti-money laundering and asset recovery policy initiatives, drafted legislation, drafted congressional testimony and high-level DOJ speeches, and chaired and participated in U.S. inter-agency anti-money laundering and asset recovery working groups.
Participated in anti-money laundering and counter-terrorist financing assessments of foreign countries such as Israel, the Netherlands and Canada, and drafted foreign anti-money laundering and confiscation provisions, e.g., Kenya. Often the only or lead U.S. or DOJ representative at international asset recovery and anti-money laundering conferences, and led or participated in numerous bi-lateral treaty consultations on those subjects.
From 2007 through the 2017 was DOJ’s lead representative to the OECD’s Financial Action Task Force (FATF), that sets the international standards on anti-money laundering and countering the financing of terrorism and the financing of proliferation (AML/CFT). Was in charge of coordinating DOJ Criminal Division’s response to the FATF’s 2016 assessment of the United States, resulting in some of the best effectiveness scores achieved by any FATF member to date on various Justice-focused Immediate Outcomes. Helped draft many current and key FATF 40 Recommendations.
Served as an Instructor for FATF Mutual Evaluation Report evaluators during the “Third-Round” of FATF evaluations. Reviewed criminal laws and financial regulations of dozens of nations for their consistency with the applicable international standards as set by the FATF.
Drafted anti-money laundering and asset recovery laws and regulations for the United States, as well as for numerous foreign countries, and participated in the United Nations’ Office of Drugs and Crime “Model Law Program.” Was one of the lead drafters for the 2006 UN Model Asset Sharing Agreement adopted by the UN in Vienna, Austria.
Involved in numerous bi-lateral treaty consultations and negotiations, as well as a UN delegate to conferences on multi-lateral UN treaty implementations. Was a member of numerous United Nation Office of Drugs and Crime and INTERPOL expert working groups.
Lead U.S. representative and a moving force in advancing INTERPOL’s Silver Notice project towards the Pilot pogram level, which created a draft INTERPOL notice instrument specifically designed to assist in the tracing, freezing, confiscation and recovery of the proceeds and instruments of crime.
Lead U.S. negotiator of bi-lateral Asset Sharing Agreements with the Principality of Monaco (2006), the Principality of Andorra (2011-2012), and the States of Guernsey and Jersey (2015-2016). Created draft agreements for Spain and Portugal (2016-2017).
Founding member of the Camden Asset Recovery Inter-Agency Network (CARIN) in September of 2004 and was its President in 2009. CARIN is an informal group of government asset recovery practitioners, combining both law enforcement and judicial authorities, as well as other legal experts from over 68 nations and organizations. CARIN provides informal international legal advice and assistance in asset recovery efforts, whether criminal, civil, or administrative, and encourages critical international networking. CARIN provides fora in which government practitioners can engage in frank discussions about barriers facing law enforcement and judicial authorities in the tracing, freezing and ultimate recovery of confiscated proceeds and instrumentalities of crime as they relate to government efforts to pursue same. CARIN-proposed solutions to legal and practical barriers inspired EU policy makers to strengthen the capacity and ability of the international community to recover illicit. CARIN inspired the creation of seven regional CARIN-style networks that are all connected to each other through CARIN’s Secretariat housed at EUROPOL, thus creating an asset recovery practitioner’s network that will include 150 to 170 nations, states and jurisdictions.