Fraud, Asset Tracing & Recovery Miami

Settle in and connect in smaller-group settings for interactive, ice-breaking sessions that will operate as a series of Roundtable discussions on hot button issues. Our speakers will rotate to a different set of tables after each 30-minute session.

1. The Interplay of Civil and Common Law Processes in Fraud and Asset Recovery
2. Contempt Litigation in Fraud Claims: An Examination of Tactical Set Up and Pursuit of Contempt Findings
3. Harnessing Artificial Intelligence in Investigations and Asset Recovery: How Machine Learning, Agentic AI and Holistic Authentication Tools Can Be Used in Asset Recovery Investigations

Financial disputes between HNWIs and UHNWIs can be complicated and frustrating, and the consequences of not “getting it right” can lead to costly and protracted litigation, with the potential for a significant change to a party’s lifestyle. Bring your questions as our experts provide concrete examples of how they overcame some of the most pressing and difficult challenges that confronted them in complex HNW proceedings, such as:

• Challenges in selecting the right forum(s) and venue(s) to prevent delay, gain momentum and improve chances of recovery
• Issues with obtaining and serving freezing orders against unknown individuals and organizations
• What can be done to overcome a lack of cooperation between attorneys and authorities in the affected jurisdictions
• Handling the different approaches taken to disclosure & discovery in Civil and Common Law jurisdictions
• Do banks help or hinder asset recovery, in particular proceeds of fraud
• Recovering assets from banks, can you leverage AML regulation and regulators

Reward-based domestic Whistleblower programs continue to grow internationally, and the creation these programs have brought in billions of dollars – and created safe havens for whistleblowers to report crimes and earn rewards.

Join us in this engaging session as we discuss the pros and cons of reward-based whistleblower programs, such as:

• Significantly increasing the detection of high-level corporate fraud
• Encouraging false or frivolous tips
• Mitigating risks of retaliation by offsetting personal financial losses
• Undermining internal reporting and incentivizing collusion
• Enabling faster, more cost-effective government investigations
• Creating ethical dilemmas by commercializing ethical duties

Despite the significant advancements in investigative asset recovery tools at the disposal of asset recovery practitioners, certain assets pose new, unique and difficult challenges for newer practitioners. In this session we will explore known and successful strategies to recover exotic assets for your client, such as:

• Assembling the correct asset recovery team
• Emergency freezing order injunctions:
• Reviewing jurisdiction options and forum selection
• Reviewing plans to trace and recover assets that may be protected by state-owned entities and immunity doctrines
• Collaborating with law enforcement and other government agencies to assist with recovering assets from foreign markets that are unstable in nature
• Analyzing special considerations for assets that may be easily removed

Assets located in jurisdictions that treat freezing orders, disclosure and judgments differently are encountered frequently for fraud and asset recovery practitioners, investigators, forensic accountants, corporate intelligence officers and asset recovery consultants. Initiating recovery procedures in these jurisdictions can be troublesome when the perpetrator is made aware that action is being taken.

In order to prevent assets from “walking away” – due to fraudster being alerted – it is critical for practitioners to convince a Judge to utilize Judicially Sanctioned Secrecy to keep the misappropriated assets in place and frozen. This can only be justified, however, under exceptional circumstances, and our panelists will give case study analysis of the types of filings needed to succeed under these circumstances, such as:

• Ex Parte Super Injunctions
• Sealing and Gagging Relief
• Anonymization Orders
• Temporary Suspension of the Adversarial Process

The high-tech nature of blockchain and cryptocurrency has created numerous challenges for fraud and asset recovery practitioners. In addition, the unknowns and new lessons in digital asset fraud and asset tracing expand daily, so you cannot afford to fall behind in this growing area of law.

Join this session as we take a deep dive into digital asset disputes and consider issues such as:

• The types of substantive claims relating to crypto fraud and the potential pitfalls
• How fraudsters are using blockchain to conceal their activity and evade detection
• The court’s powers in multiple jurisdictions to recognize and ID crypto asset owners; and how they can trace and transfer ownership
• Understanding some of the unique and advanced types of crypto fraud; including: scam ICO’s, pump and dump schemes, exit scams, phishing and advanced ponzi shemes
• The known unknowns in crypto disputes that will impact fraud claims: good faith, money vs commodity, DAOs, flash loan exploits and more

The growing number of mechanisms for concealing assets has heightened the need to adapt asset recovery strategies. Join us in this session as we discuss the steps that are needed to get matters investigated and resolved for your clients. Topics for discussion include:

• Growing fraud mechanisms and recovery tools
• Considerations during litigation or settlement discussions that are aimed at recovering assets from parties responsible for the fraud
• Account freezing and forfeiture orders, restraint orders and other mechanisms that aid in recovery
• Advanced tracing and international tracking mechanisms
• Remission and equitable restoration of assets and forfeited funds to victims