Day 1 - Monday, October 28, 2019

8:00
Registration, Refreshments and Networking
9:00
Opening Remarks from Conference Co-Chairs
9:05
Fraud and Corruption: The Year in Review
10:00
Recovery Actions in LATAM Jurisdictions
11:00
Refreshments and Networking
Hosted bySchellenberg Wittmer
11:30
Tax & Financial Fraud, Money Laundering & AntiMoney Laundering (AML) – A Law Enforcement Perspective for Commercial Litigation Application
12:30
Spotlight on JERSEY: The Latest Cases Coming out of the British Crown Dependancy
12:50
Networking Luncheon
2:00
Do’s and Don’ts of Fraud Litigation and Asset Recovery in the Caribbean Offshore Jurisdictions
2:45
A Shield and Sword? – Confidentiality Clubs, Privacy Orders and Trade Secrets
3:45
Refreshments and Networking
Hosted bySchellenberg Wittmer
4:15
LITIGATION FUNDING: Cut out the Middleman/Best Practices in Raising Capital for Asset Recovery Cases
5:15
Legal and Psychological Perspectives on Fraudsters, Victims and Law
6:00
WHAT’s IN STORE FOR THE FRAUD AND ASSET RECOVERY WARRIOR?
Executive Drink Roundtables hosted byBDO

Day 2 - Tuesday, October 29, 2019

EARLY-RISER WORKING GROUP
Strategic Applications of the Psychology of Fraud in Case Management

Oct 29, 2019 7:45am - 9:15am

Speakers

LED BY:

Alexander Stein
Managing Principal, Dolus Advisors | Principal
The Boswell Group LLC (USA)

8:45
Refreshments and Networking
9:15
Co-Chairs’ Opening Remarks
9:20
Why do Fraud Lawyers DISLIKE ARBITRATION?
10:15
Lis Alibi Pendens and PARALLEL PROCEEDINGS – A Tale of 2 Continents
10:45
What do You Have to Prove in Knowing Assistance Cases
11:15
Refreshments and Networking
Hosted bySchellenberg Wittmer
11:45
US Government Enforcement Agencies Roundtable
12:45
FIRESIDE CHAT WITH: Eric I. Bustillo
1:15
Lunch and Networking
2:15
Defrauding US-Federal Programs: Recent Developments Impacting False Claims Act (FCA) Related Litigation and Investigations
3:00
Do Practitioners Walk an ETHICAL TIGHTROPE? The Good, the Bad and the Grey Areas
3:45
Co-Chair’s Closing Remarks
4:00
Conference Ends

Day 1 - Monday, October 28, 2019

8:00
Registration, Refreshments and Networking
9:00
Opening Remarks from Conference Co-Chairs
Ed Davis

Ed Davis
Founding Shareholder
Sequor Law (USA)

Martin Kenney

Martin Kenney
Managing Partner
Martin Kenney & Co., Solicitors (BVI)

9:05
Fraud and Corruption: The Year in Review

Marcos Daniel Jiménez
Managing Partner
Marcos D. Jiménez P.A. (USA)

Session Leader:

Rebekah Poston
Senior Partner
Squire Patton Boggs (USA)

This session will provide a review of the prior year’s most notable fraud and corruption related enforcements, settlement, monitorships and legislative changes including an interactive frank conversation on how critical events and regulatory changes in fraud and corruption impact corporate behavior now and in the future. Through geographic presentations, moderator/panelist Q&As and panelist dialogue, speakers will share their personal insights and predictions for the future of fraud and corruption and asset recovery and solicit audience feedback along the way.

10:00
Recovery Actions in LATAM Jurisdictions

Augusto Ferrero Costa
Judge
Constitutional Court of Peru

Alejandro Pignataro
Partner
Pignataro Abogados (Costa Rica)

Session Leader:

Ed Davis

Ed Davis
Founding Shareholder
Sequor Law (USA)

  • Venezuela: Current state of play in recovery of losses and damages
  • Implications of imposing “failed-state” strategy in Cuba
  • Enforcing “Libertad Act”: US lawsuits against foreign companies doing business in Cuba

11:00
Refreshments and Networking
Hosted bySchellenberg Wittmer
11:30
Tax & Financial Fraud, Money Laundering & AntiMoney Laundering (AML) – A Law Enforcement Perspective for Commercial Litigation Application
Benjamin Borsodi

Benjamin Borsodi
Managing Partner
Schellenberg Wittmer (Switzerland)

Mark Forte

Mark Forte
Partner
Conyers Dill & Pearman (BVI)

Jeffrey Neiman
Partner
Marcus Neiman & Rashbaum (USA)

Thomas Bishop
Senior Manager | Tax Advocacy and Controversy
Baker Tilly Virchow Krause (USA)

Session Leader:

Charles Pine

Charles Pine
Managing Director
BDO Washington D.C. (USA)

  • Offshore – law enforcement focus and litigation trends:
    • Ultimate Beneficial Ownership
    • Financial & Designated Financial Institutions
    • Recent litigation: Updates from Switzerland, USA and BVI

12:30
Spotlight on JERSEY: The Latest Cases Coming out of the British Crown Dependancy
Stephen Baker

Stephen Baker
Senior Partner
Baker and Partners (Jersey)

12:50
Networking Luncheon
2:00
Do’s and Don’ts of Fraud Litigation and Asset Recovery in the Caribbean Offshore Jurisdictions

Alain Choo Choy QC
Barrister
One Essex Court (UK)

Session Leader:

Jonathan Addo

Jonathan Addo
Partner
Harneys (BVI)

  • Latest developments in fraud cases
  • What could and could not be done in the Caribbean offshore hotspots
  • Tools, remedies and tactics in asset recovery cases
  • Significant recent and expected judgements

2:45
A Shield and Sword? – Confidentiality Clubs, Privacy Orders and Trade Secrets
Antenor Madruga

Antenor Madruga
Partner
FeldensMadruga (Brazil)

Stephen Baker

Stephen Baker
Senior Partner
Baker and Partners (Jersey)

Saverio Lembo
Partner
Bär & Karrer (Switzerland)

Session Leader:

Sophie Eyre

Sophie Eyre
Partner
Bird & Bird (UK)

  • Keeping information in a public trial private – comparison of jurisdictions
  • How can secrecy be used as a tool to find and preserve concealed assets? Ways to circumvent usual secrecy provisions which frustrate asset tracing?
  • Keeping trade secrets a secret when misappropriated – a comparative cross border view

3:45
Refreshments and Networking
Hosted bySchellenberg Wittmer
4:15
LITIGATION FUNDING: Cut out the Middleman/Best Practices in Raising Capital for Asset Recovery Cases
Matthew Palamountain

Matthew Palamountain
Managing Director – Litigation Finance
Seaport Global Securities LLC (USA)

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Robert Jennings
Director
Asset Recovery International Limited (Bermuda)

Session Leader:

Martin Kenney

Martin Kenney
Managing Partner
Martin Kenney & Co., Solicitors (BVI)

“It is well-known what a middleman is: he is a man who bamboozles one party and plunders the other”, Benjamin Disraeli

5:15
Legal and Psychological Perspectives on Fraudsters, Victims and Law
Alexander Stein

Alexander Stein
Managing Principal, Dolus Advisors | Principal
The Boswell Group LLC (USA)

Ed Davis

Ed Davis
Founding Shareholder
Sequor Law (USA)

Featuring a conversation among a sitting U.S. judge, a victim of fraud, and an expert in the psychodynamics of fraud and white-collar misconduct, the session will probe factors at the nexus of law, psychology, and human nature, including: Do fraudsters exploit characteristic vulnerabilities or is anyone a potential mark? Are some people more susceptible than others? Do levels of education or commercial savvy matter? Contributory negligence, pari delicto, ex turpi causa, and the Eggshell Skull doctrine are legal concepts relating to the human mind, but are they psychologically accurate?

6:00
WHAT’s IN STORE FOR THE FRAUD AND ASSET RECOVERY WARRIOR?
Executive Drink Roundtables hosted byBDO

FACILITATORS INCLUDE:

Neal Levin

Neal Levin
Partner
Freeborn (USA)

Wind down and sample a selection of drinks as you end the first day by networking, comparing notes and sharing visions around industry trends and developments.

  • Next big trends in fraud schemes
  • Next big trends in fraud investigations
  • Next big trends in fraud prosecution
  • Next big trends in asset recovery

 

The roundtables will be held in under the ‘Chatham House Rule’.

Day 2 - Tuesday, October 29, 2019

8:45
Refreshments and Networking
9:15
Co-Chairs’ Opening Remarks
Keith Oliver

Keith Oliver
Head of International
Peters & Peters (UK)

Robert Hunter

Robert Hunter
Solicitor Advocate (UK)

9:20
Why do Fraud Lawyers DISLIKE ARBITRATION?

Stuart Leach
Chief Executive
Pagefield Global (UK)

Richard Gillis QC
Barrister
One Essex Court (UK)

Session Leader:

Keith Oliver

Keith Oliver
Head of International
Peters & Peters (UK)

  • Issues when there is an arbitration clause with an alleged fraudster
  • Interim remedies
  • Can the arbitration agreement be challenged? Is the arbitration clause enforceable?
  • What can lawyers do to make the best of arbitration

10:15
Lis Alibi Pendens and PARALLEL PROCEEDINGS – A Tale of 2 Continents

Abraham Vergis
Managing Director
Providence Law Asia (Singapore)

Massimiliano Danusso

Massimiliano Danusso
Partner – London
BonelliErede (Italy)

Compare and contrast the latest on conflict of jurisdictions, forum, evidence, witnesses, disclosure, interim relief and other issues defining success of the litigation and enforcement process.

10:45
What do You Have to Prove in Knowing Assistance Cases

Steven Law
Partner
BDO London (UK)

Mary Young
Partner
Kingsley Napley (UK)

  • Causes of action an intermediary liability claims against third parties (banks, lawyers, accountants and other facilitators)
  • Group litigation orders and collective actions

11:15
Refreshments and Networking
Hosted bySchellenberg Wittmer
11:45
US Government Enforcement Agencies Roundtable

Luis Perez
Chief, Economic Crimes Section
U.S. Attorney’s Office, Southern District of Florida

Richard P. Foelber
Chief, Office of Cooperative Enforcement
U.S. Commodity Futures Trading Commission

William Brown
Unit Chief | Economic Crimes Unit
Criminal Investigative Division Federal Bureau of Investigation

12:45
FIRESIDE CHAT WITH: Eric I. Bustillo

Eric I. Bustillo
Regional Director
US Securities and Exchange Commission Miami Regional Office (USA)

1:15
Lunch and Networking
2:15
Defrauding US-Federal Programs: Recent Developments Impacting False Claims Act (FCA) Related Litigation and Investigations
Brian Mahany

Brian Mahany
Managing Partner
MahanyLaw (USA)

This session will focus on what should every lawyer know about protecting themselves and their clients against a whistleblower lawsuit or FCA investigation

3:00
Do Practitioners Walk an ETHICAL TIGHTROPE? The Good, the Bad and the Grey Areas

Bhavesh Patel
Senior Counsel
Travers Thorp Alberga (Cayman Islands)

Session Leader:

Robert Hunter

Robert Hunter
Solicitor Advocate (UK)

End this year’s edition with this “no power point” lounge chair discussion on some of the most controversial ethical challenges encountered by practitioners during fraud litigation and asset recovery as well as the possible solutions.

  • From around the world – what are the key areas in which our ethical judgments are tested?
  • Is distrust hard wired into rule laden, adversarial systems – views from civil law jurisdictions?
  • Do rule breakers get away with it?
  • Walking the tightrope – do judges believe in ethical uncertainty

3:45
Co-Chair’s Closing Remarks
4:00
Conference Ends

EARLY-RISER WORKING GROUP
Strategic Applications of the Psychology of Fraud in Case Management

Oct 29, 2019 7:45am - 9:15am

$175

Speakers

LED BY:

Alexander Stein
Managing Principal, Dolus Advisors | Principal
The Boswell Group LLC (USA)

What is it about?

This advanced Working Group offers cutting-edge perspectives on the psychological dimensions of fraud and fraudsters and provides innovative, actionable tools to assist fraud litigators and asset recovery professionals in case management and prosecution. Following a brief presentation of these key points, the Leader will facilitate discussion with the participants focused on human behavior/psychological questions and issues from their own cases.

  • Surveying the human ecosystem in a fraud case
  • Minding the gap between jurisprudential definitions and psychological realities of mens rea to navigate challenges in white-collar criminal prosecution
  • Myth-busting outmoded and inaccurate accountings of “fraudster psychology and psychopathology”
  • Looking beyond Cressy’s Fraud Triangle: understanding the matrix of catalysts and dynamic drivers of criminal fraud and white-collar misconduct
  • Practical applications of psychodynamics in advancing case conceptualisation, management and prosecution

To ensure a meaningful and interactive benchmarking experience attendance will be limited.