Fraud, Asset Tracing & Recovery Miami

Co-Chairs’ Opening Remarks

Edward H. Davis Jr.
Founding Shareholder
Sequor Law (USA)

Sophie Eyre
Partner
Bird & Bird (UK)

Blair Leahy QC
Barrister
Twenty Essex (UK)

Keith Oliver
Head of International
Peters & Peters (UK)

STATE OF THE INDUSTRY

Where Are We Six Months In? What’s Coming Down the Pipeline? Covid-19 -and the Financial Outlook for Law, Forensic, and Asset Recovery Firms

Mark Forte
Partner
Conyers Dill & Pearman (BVI)

Joana Rego
Co-Founder and Partner
Raedas (UK)

Aviva Will
Co-Chief Operating Officer
Burford Capital
Launched The Equity Project

At this must-attend opening session, experts will take stock of recent, emerging trends affecting growth opportunities. Hear diverse perspectives on the unexpected, new aftermath of COVID-19- and the impact on your practice, timelines, law firm and litigation funding business models, and case outcomes.

• Takeaways from operating during a pandemic, and the impact on delivery of legal and consulting services
• Growth in asset recovery practitioners and third-party funding: Where are we headed?
• What we can learn and anticipate from the 2008 financial crisis
• Impact of remote work on securing new business
• How firms are addressing heightened cybersecurity and data privacy risks
• Unexpected ways that COVID-19 has changed the landscape:
• changes to law firm business models, the legal profession and asset recovery
• is more work being outsourced?
• Trends in the trajectory of ongoing cases:
• has there been a bigger push to settle?
• the extent of court delays
• changes to workflows
• are clients still asking to slow things down?
• Statute of limitations issues posed by Covid-19-related delays
• To what extent third party litigation funding is on the rise
• Effect of disruption on court proceedings and arbitration
• Changes in how law firms, consultants and forensic investigators are working together in the current environment

CYBER FRAUD, CRYPTOCURRENCY & BLOCKCHAIN THINK TANK

Part I: The Next Phase of Litigation: Crypto as an “Asset”-and New Complexity of Legal Disputes

Mary Young
Partner
Kingsley Napley (UK)

Oren J. Warshavsky
Partner
BakerHostetler (USA)

As paper money becomes a thing of the past for fraudsters, cyberspace and cryptocurrency are prime vehicles for new, evolving schemes. Ensure that you are “in the loop” on what this means for the future of fraud investigations, litigation and asset recovery-and the new challenges confronting practitioners and clients.

• Status report on the increase in the growth and complexity of legal disputes involving theft, hacking, malware, SIM swapping, keyloggers and other malicious activity
• Survey of evolving types of disputes relating to cryptocurrency and blockchain: Fraud, RICO, class actions, contractual disputes and more
• Cryptocurrency or bitcoin as an “asset” or property: Impact of recent High Court decisions
• Are crypto assets recoverable? The latest word on the applicability of common law, and equitable tracing rules, and tracing backwards
• Hurdles to applying common law principles to new, emerging technologies
• Addressing difficulties with serving freezing injunctions

1:1 Networking

Break

CYBER FRAUD, CRYPTOCURRENCY & BLOCKCHAIN THINK TANK

Part II: Who’s Seeing What? Cyber Fraud Schemes: Cutting-Edge Ponzi, Crypto and Other Schemes That Will End in Litigation (Sooner Than Later)

Robert Cohen
Partner
Davis Polk & Wardwell LLP (USA)
Former Chief, Cyber Unit, SEC

Eric Chuang
Managing Director, Cyber Incident Response Services
BDO (USA)

• New ways fraudsters have leveraged advancements in technology, initial coin offerings and use of blockchain
• Update on the evolution of ransomware attacks
• Examples of new schemes perpetrated against high net worth individuals

CYBER FRAUD, CRYPTOCURRENCY & BLOCKCHAIN THINK TANK

Part III: “How I Did It”-Forensic Experts Discuss Successes in Tracing Blockchain Transactions, Digital Wallets, and Related Illicit Activity

Stefan Kühn
Head, Risk Advisory Services
BDO (Switzerland)

• Effectiveness of new solutions vs. traditional forensic techniques for searching and analyzing cryptocurrency and digital wallet transactions
• Asset tracing in the wake of a ransomware attack
• Examples of how law and asset recovery firms have successfully worked together

SMALLER-GROUP NETWORKING

“WAR STORY” BOARDROOM SERIES

Edward H. Davis Jr.
Founding Shareholder
Sequor Law (USA)

Sophie Eyre
Partner
Bird & Bird (UK)

Keith Oliver
Head of International
Peters & Peters (UK)

New for this year and based on popular demand, attendees and faculty will benefit from smaller-group networking and discussion of recent war stories. In the wake of Covid-19, ask your questions, hear what has been coming across your peers’ desks-and what is keeping them up at night.

Topics of discussion will include:

• Concrete examples of complex scenarios, the strategies employed-and what went right (and wrong)
• Choice of forum and venue selection: Examples of selecting and changing the “battlefield” (jurisdictions) to speed up a case or gain momentum
• Real-world challenges posed by civil proceedings across multiple jurisdictions

Virtual Networking Reception

Conference Adjourns

Co-Chairs’ Opening Remarks

INSOLVENCY

Cross-Border Insolvency, Investigations, the Impact of COVID-19 and Brexit: What Recent Changes Mean for Asset Tracing, Court Delays and Dispute Resolution

Mark Shaw
Head of Business Restructuring
BDO (UK)

Christopher Redmond
Chair, ABA UNCITRAL Task Force
Redmond Law Firm LLC (USA)

Ken Epstein
Investment Manager, Legal Counsel
Omni Bridgeway

Joseph R. Dunn
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (USA)

Take this opportunity to meet and hear from leading insolvency practitioners on hot button issues affecting the fraud, asset-tracing and recovery landscapes. Ensure that you are “in the loop” on important updates and the practical challenges now affecting insolvency proceedings.

• To what extent has there been an uptick in insolvency and restructuring: Are the Covid-19-related predictions coming true?
• How insolvency and fraud litigators are working together to recover money for creditors of insolvent estates
• How will insolvent estates pay for asset-tracing, litigation and cross-border enforcement efforts?
• Update on the expansion of the UNCITRAL Model Law on Cross-Border Insolvency-and what it means for the enforceability of insolvency judgments across borders
• Status of new legislation in the UK, Germany, Spain and Australia – and the potential impact of Brexit

JUDGES PANEL

Perspectives on Remote vs. In-Person Proceedings, Evidentiary Thresholds, Judicial Discretion and Pet Peeves

Honourable Justice Indra H. Charles
Supreme Court of the Bahamas

Justice Kawaley
Judge of the Grand Court
Cayman Islands

Judge Robert Mark

United States Bankruptcy Court (Southern District of Florida)

The Hon. Mr. Richard Snowden

High Court of Justice, England & Wales

Moderator:

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

Break

Art as a Fraud Masterpiece: New Considerations for Fraud Practitioners Amid the Inigo Philbrick Case

Pierre Valentin
Partner
Constantine Cannon (UK)

Edward H. Davis Jr.
Founding Shareholder
Sequor Law (USA)

• Unique aspects of investigating and litigating cases with art as the fraud vehicle
• How fraudsters are using art as a transmission tool for fraud and money laundering
• Will there be a central database of title ownership for art-or more regulatory oversight?

“VIRTUAL LITIGATOR” WAR STORIES

Reading Minds & Body Language: Surprising Takeaways from Remote Interviews and Hearings, and Electronic Document Management

Richard Gillis QC
Barrister QC
One Essex Court (UK)

Caroline Moran
Partner
Maples Group (Cayman Islands)

Michael D. Mysak
Partner
Bennett Jones (Canada)

• How the use of virtual interviews and hearings has changed litigation techniques and strategies
• Body language, eye contact and more challenges affecting interviews, hearings and cross-examinations
• interacting with the judge remotely
• inability to see or read body language
• Preparing effectively with your team and clients over video and teleconference
• Special considerations for group litigation actions: Can big cases be litigated remotely?
• How to approach translation when conducting virtual interviews
• Selecting and leveraging electronic document tools and videoconferencing platforms

Virtual Networking Reception

Conference Adjourns

Co-Chairs’ Opening Remarks

DOJ, SEC & IRS TOWN HALL

Multi-Jurisdictional Enforcement Priorities and Coordination: Cyber, Crypto, Pandemic-Related Investment and Ponzi Schemes-and More

Deborah Connor
Chief, Money Laundering and Asset Recovery Section
U.S. Department of Justice

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

Ariana Fajardo Orshan
U.S. Attorney
Southern District of Florida

Damon Rowe
Executive Director, Fraud
Enforcement Office
Internal Revenue Service (IRS)

Moderator:

Wifredo A. Ferrer
Partner
Holland & Knight (USA)
Former U.S. Attorney for the Southern District of Florida

• The latest on prosecutions for pandemic-related fraud: Individual and corporate liability
• How law enforcement can stumble across fraud cases amid other types of investigations
• Trends in new, emerging kinds of fraud and other cases-and perspectives on what is on the horizon
• Impact of Covid-19 on government investigations and enforcement, including evidence gathering, document production requests and interviews
• How the agencies are investigating cyber and cyptocurrency fraud schemes-and approaching asset-collection and civil asset forfeiture
• Cross-agency coordination and information sharing for pandemic and other types of fraud cases
• The risk of “follow-on” cases: When a pending or settled case could trigger new fraud investigations by other agencies
• When fraud enforcement could spark investigations of other potential crimes, including bribery, money laundering and privacy violations-and vice versa
• Updates on the review of RICO assets and asset tracing

SPECIAL CASE STUDY

Compare & Contrast: One Case…Many Different Outcomes

Jennifer Fox
Partner
Ogier (Cayman Islands)

Tara Archer-Glasgow
Partner
Higgs & Johnson (The Bahamas)

Joao A. Accioly
Managing Partner
Advocacia Sobrosa & Accioly (Brazil)

Aimée Prieto
Partner
Prieto Cabrera & Asociados (Dominican Republic)

Moderator:

Steven Elliott QC
Barrister
One Essex Court (UK)

New for this year, practitioners from the UK, U.S. and key offshore jurisdictions will work through a case study of a complex multi-party, multi-jurisdictional matter. Hear perspectives on important and lesser known nuances across civil and common law systems.

Key takeaways will include:

• Important differences between rules of procedure -and their impact on the trajectory of cases and outcomes
• Contrasting asset-tracing and recovery across jurisdictions
• Ensuring effective coordination across jurisdictions
• Nuances in enforceability of judgments and orders

Break

Special Interview

Re-Thinking Investment Risk and Decision-Making

Frances B. Lim
Managing Director, Global Macro & Asset Allocation
KKR & Co Inc

Moderator:

Keith Oliver
Head of International
Peters & Peters (UK)

REFRESHMENTS & “WAR STORIES”

Matrimonial Cases, Asset Recovery and Piercing the Corporate Veil

Metta MacMillan Hughes
Partner
Lennox Paton (The Bahamas)

Dan Wise
Partner
O’Neal Webster (BVI)

Grab a coffee or tea, and gain more takeaways from additional war stories, and Q & A. Take this last opportunity to “compare notes” on tackling newfound, challenges affecting the strategies, viability, and outcomes of cases coming across your desk.

1. Overcoming hurdles to evidence gathering outside of the local country
2. The finer points of venue selection
3. New laws carved out by divorce courts in the UK and offshore jurisdictions-and the impact on property rights and asset recovery
4. How matrimonial cases in the UK have given rise to the principles of piercing the corporate veil
5. New trends in concealing assets in big-ticket divorce cases
6. Creative use of insolvency tools for asset tracing and recovery in matrimonial cases

REFRESHMENTS & “WAR STORIES”

The Finer Points of Navigating International Arbitration: Non-Parties, Depositions, Injunctions-and Your Growing Legal Skills Set

Sebastian Said
Partner
Appleby (Cayman Islands)

Lydia Danon
Partner
Cooke, Young & Keidan (UK)

Jonathan Aldo
Partner
Harneys (British Virgin Islands)

• Contrasting the skills set required for effective handling of arbitration proceedings vs. trials
• Use of Section 1782 applications in the context of foreign arbitration proceedings
• Deposing non-parties in arbitration proceedings
• Status report on injunctions against non-parties

Conference Concludes
Referral Networking & 1:1 Meet-Ups