Fraud, Asset Tracing & Recovery Miami

Enjoy some breakfast, settle in and connect with your peers through a series of rotating roundtable discussions. This interactive, ice-breaking session will operate as a series of Roundtable discussions – where the audience and hosts can switch tables after each session – for discussion on other hot button issues:

A. Mediation and Alternative Dispute Resolution in Cross-Border Insolvency: Practical Tips for Handling Complex and Sophisticated Insolvency and Restructuring Matters

B. Confiscation of Foreign Assets: Are We Facing New Paradigms, and How Do We Overcome the Legal and Practical Hurdles?

C. What Is So Special About Digital Asset Fraud?: A Step-by-Step Hypothetical Crypto Fraud Discussion, from Breach (‘A’) to Recovery (‘Z’)

During this highly anticipated panel, gain first-hand insights related to fraud and asset recovery proceedings during these pivotal times.

Despite the significant advancements in investigation and asset location tools at the disposal of practitioners, the class of assets that are considered “exotic” pose unique and difficult challenges and considerations. In this engaging session, we will review:

• Emergency freezing orders injunctions: Obtaining and maintaining equitable relief
• Jurisdictional concerns
• Assets protected by state-owned entities and immunity doctrines
• How to assemble the correct asset recovery team
• Collaborating with law enforcement and other government agencies to assist with recovering assets from foreign markets that are unstable in nature
• Special considerations for easily movable assets

A new wave of romance scammers are using artificial intelligence to generate fake photos, audio, and videos. The technological advancements in AI and deepfakes makes it easier to pull off a romance scam and harder to spot one. In addition, prosecuting romance scammers can be challenging, in large part because many of them operate overseas. Be sure to join us for this engaging keynote, as our speakers discuss the methods used to prevent, detect and remedy frauds in this context.

In the matters that involve fraud and asset recovery claims, contempt litigation can arise in several ways and is a useful tool for speeding up judgments. However, there is uncertainty on the best ways to tactically set up and pursue contempt filings, so be sure to join us in this session as we explore a strategic approach to leveraging this legal tool effectively.

Topics for discussion include:

• Drafting a detailed motion for contempt that clearly outlines the manner in which the violation occurred, and the evidence supporting the claim, and , clearly outlining:
  • Best practices for identifying the relief, sanctions or coercive orders being sought
  • How to leverage contempt as a pressure tactic
  • Ways to utilize contempt to preclude future claims and defenses

Many of the trends and developments in relation to fraud and asset tracing over the past few years have been unanticipated and challenging, and one of the important developments is that there has been a sizeable change in the form, value and sheer volume of fraud cases heard in many courts across the globe.

Due to the different methods that fraudsters are utilizing to perpetrate their schemes, along with the sheer speed in which assets can be moved, it is critical for practitioners to update their toolkits to recover for clients. Join us in this session as our panelists discuss:

• The potential for an International Court
• The advantages and drawbacks of entities being able to register assets in non-traditional asset havens
• Strategies for pursuing assets housed within holding companies and subsidiaries
• Newer resources and fraud prevention mechanisms that prosecutors have at their disposal when trying to enforce judgments and recover assets
• What can and cannot be done in some of the growing fraud hotspots around the world

It is not uncommon for one of the parties in a marriage to conceal their wealth in complex holdings, trusts, and other methods of hiding those assets from their spouse. To effectively identify and value assets that have not been disclosed — or are grossly undervalued — it is important to utilize the latest legal, forensic and investigative tools to trace, trap and repatriate the hidden assets.

Some of the challenges, tools and assets that will be discussed in this engaging session include:

• Hurdles to gathering evidence in multiple jurisdictions
• How to obtain and serve freezing orders
• Forum and Venue: Challenges to selecting and changing the “battlefield” to speed up the cases, gain momentum and improve your clients’ chances of asset recovery
• How to effectively and ethically utilize forensic accounting and corporate intelligence for high stakes matrimonial asset recovery investigations
• Creative use of insolvency tools in matrimonial cases

Traditional legal avenues for asset recovery often prove ineffective due to jurisdictional complexities and other obstacles, so parties are increasingly utilizing arbitration as an alternative dispute resolution mechanism. Foreign arbitration in asset recovery can be a useful tool but determining the jurisdiction for the arbitration and where the award can be enforced can be complex – particularly in cases involving multiple jurisdictions.

Be sure to join us in the session as our experts provide us with examples and strategies for securing emergency relief in asset recovery arbitration, such as:

• Binding pre-judgement remedies: Arbitral awards are often more readily enforceable across borders – when compared to typical court judgments
• The likelihood of enforceability and international recognition
• Does routinely lead to faster and more cost-effective resolution of asset recovery disputes?
• Improved avenues for obtaining emergency relief
• The final and binding nature of arbitral awards

In this compelling session, our panel of seasoned fraud lawyers will delve into their intricate journey of locating, tracing, and recovering over $17 million in dissipated funds for the bankruptcy estate of a deceased individual. Our panelists will break down how they tackled a myriad of complex legal and practical challenges across eleven jurisdictions. Join us for a detailed walkthrough of this high-stakes asset recovery operation that culminated in a successful outcome.

When involved with high-stakes international judgment and award enforcement litigation, the choice of venue and forum is critical. In this session, our experts will explore the importance of selecting the best venue in which to bring enforcement litigation and provide you with an analytical framework for identifying and assessing the best options.

Drawing on their extensive experience enforcing foreign judgements and arbitration awards, the panelists will draw upon their recent success using the federal courts to enforce a high-value Singapore arbitration award against Philippine defendants and will share lessons learned about the unique value that “American-style” discovery can offer in an enforcement campaign.

Many schemes perpetrated by fraudsters constitute federal crimes, so it is critical to involve international law enforcement agencies to assist in recovery. In addition, prosecuting and coordinating complex, sensitive, multi-district, and international asset forfeiture cases are very complex and costly, so it becomes necessary to utilize the Agency tools that are not available to most practitioners – particularly with sophisticated matters that can include money laundering as part of the fraud scheme.

Join us in this session as our panel of experts detail the many tools available when utilizing law enforcement for recovery, such as:

• Forensic analysis and accounting capabilities
• Advanced tracing and international tracking mechanisms
• International financial investigations with recommendations for civil litigation or criminal prosecution – including the ability to utilize the evidence collected during agency investigations
• Assistance with assessing, organizing, and litigating civil and criminal asset forfeiture actions
• Remission and equitable restoration of assets and forfeited funds to victims

Cross border insolvency laws present a complex landscape within which fraud practitioners must navigate, with an eye towards conflicting regimes, class priorities, foreign substantive law, principles of comity and an array of other foreign insolvency and fraud-related proceedings.

Topics for discussion include:

• Best practices for navigating jurisdictional impacts and discrepancies in insolvency law
• Comprehensive strategies on debtor-side assignments and practical tips for handling complex and sophisticated creditor rights matters
• To what extent there has been an uptick in insolvency and restructuring: Are the predictions coming true?
• Utilizing Insolvency and Restructuring as mechanisms for exposing fraud, detecting and recovering assets

Fraud and corruption had been a continuing challenge for South American football’s governing body for decades. Three past presidents were indicted by the U.S. Department of Justice in what was an ongoing investigation into wide-ranging corruption, and FIFA withheld millions of dollars of funding amid the financial scandals. As a result of the widespread corruption, hundreds of millions of dollars meant for soccer development had been diverted to third-party bank accounts.

Be sure to join us in this interview as our special guest details efforts that were undertaken to try and recoup the fraudulent transfers, and steps that have been taken since then to prevent fraud and corruption from again infiltrating South American football.

Join us for a closing toast as our panelists discuss:

• Continuing challenges to locating assets in Central and South America
• The enduring influence and attempts at fraudulent executive appointments
• Status report of corruption throughout Latin America
• Newer resources and fraud prevention tools that prosecutors have at their disposal when trying to enforce judgments and recover assets in Latin America
• The future of litigation, damage assessment, internal investigations, and asset recovery