Registration and Networking

Co-Chairs Opening Remarks

Audience Polling – Catching Up

What’s New? Surprising Trends in Multi-Jurisdictional Fraud Schemes, Funding – and Emerging Obstacles to Asset Tracing and Recovery

Oren Warshavsky
Partner
Baker & Hostetler LLP (US)

Sophie Eyre
Partner
Bird & Bird (UK)

Benjamin Borsodi
Partner
Schellenberg Wittmer (Switzerland)

Maureen Ward
Partner
Bennett Jones (Canada)

David Mizrachi
Senior Partner
MDU Legal (Panama)

Join us in this opening session as we discuss anticipated (and unanticipated) developments and evolving fraud schemes that span the globe. In this interactive session we’ll catch up on:

• Changes in how law firms, consultants and forensic investigators are working together in the current environment
• Trends in enforcement and recovery actions across multiple jurisdictions
• COVID related fraud schemes that include the Paycheck Protection Program; Interest-Free Business Loans; and Personal Protective Equipment
• Tracing and recovering the proceeds from corruption in COVID related emergency public contracts
• The consequences of continued disruptions and lingering delays affecting discovery requests, arbitration and court proceedings

Audience Polling

Crypto Asset Fraud as an Existential Threat: Practitioners Share Key Takeaways on Commencing Proceedings, Interim Relief and Tracing Assets and Wrongdoers

Jonathan Addo
Partner
Harneys (British Virgin Islands)

Daniel Coyle
Counsel
Sequor Law (USA)

Lydia Danon
Partner and Solicitor Advocate
Cooke, Young & Keidan LLP (CYK) (UK)

James Drury
Director
Kalo Advisors (British Virgin Islands)

Daniel Burget
Director, Forensic Investigation and Litigation Services
BDO USA, LLP (USA)

It’s no secret that crypto asset frauds are on the rise and becoming more sophisticated. Scams are running rampant in the crypto markets as a huge rally in bitcoin, a lack of regulation, and the anonymity of digital money have created a ripe environment for fraudsters. Join us in this thought-provoking session as we discuss:

• Some of the unique and advanced types of crypto fraud; including pump and dump schemes, digital wallet and blockchain frauds, phony crypto exchanges, and advanced ponzi schemes
• New approaches for pinpointing fraudsters engaging in unlawful crypto asset activities
• The rise of NFT’s and associated scams/frauds, and tracing/locating the wrongdoers
• The best strategies for serving freezing orders and injunctions against unknown individuals and organizations

Extended Networking Break

Audience Polling

Corporate Intelligence: The Legal, Ethical and Reputational Restraints

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

Michele Caratsch
Partner
Baldi & Caratsch (Switzerland)

Kim Marsh
President
Marsh Advisory (Canada)

During this highly anticipated session, panelists will provide practical takeaways, followed by an opportunity for audience members to chime in, ask questions and share insights.

Corporate intelligence providers can make or break an asset recovery case. In addition, it’s critical to identify the right tools to use; consider the restraints that may be placed on their use; and, managing the associated risks. Join this informative session as we discuss several of the most effective tools that are used to gather information in asset recovery cases, such as:

• Open source desktop inquiries
• HUMINT (covert human intelligence gathering)
• ELINT (covert intelligence gathering by electronic means)
• Recruiting sources
• Sting operations
• Bank account information procurement
• Surveillance
• Planting moles
• Political advocacy in rule of law challenged jurisdictions

Networking Luncheon

Audience Polling

THE BIG DEBATE: The Pros and Cons of Whistleblower Incentives & Awards – Practitioners from Both Sides of the Pond Go Head-to-Head

Keith Oliver
Head of International
Peters & Peters Solicitors LLP (UK)

Mary Inman
Partner; Head of International Whistleblower Practice
Constantine Cannon (UK)

Erika Kelton
Partner
Phillips & Cohen (U.S.)

Jordan Thomas
Chair
Labaton Sucharow (US)

Stephen Kohn
Founding Partner
Kohn, Kohn & Colapinto (US)

The domestic Whistleblower programs in the United States continue to grow. The creation years ago of the IRS and SEC programs has brought in billions of dollars, and created a safe haven for whistleblowers to report crimes and earn rewards.

In contrast, the EU and other jurisdictions have concluded that introducing financial incentives does not encourage meaningful whistleblowing or significantly increase transparency or integrity.

Join this animated, informative debate as our experts representing both sides of the pond discuss the pros and cons of U.S. and European approaches.

Hot Topics in Offshore Fraud and Asset Recovery Litigation

Steven Elliott QC
Barrister
One Essex Court (UK)

Jennifer Fox
Partner
Ogier (Cayman Islands)

Andrew McLeod
Barrister
One Essex Court (UK)

LLP Frauds: Limited partnerships are extremely popular in both onshore and offshore financial services centers. They are the vehicle of choice for all types of private equity, real estate and other closed-ended investment funds. Their popularity and quirks resulting from the combination of traditional partnership concepts within a modern framework have led to some interesting recent fraud litigation. In this part of the session we will explore:

• Getting an action going: A limited partner’s statutory right to “true and full information” under Cayman Islands law (Dorsey (2018) and the Gulf Investment Corporation (2020) cases
• The form of the action: the possible need for derivative claims brought on behalf of the limited partnership (Kuwait Ports Authority v Port Link GP (2021))
• An alternative endgame: Recission or dissolution (Fonds Rusnano v CRGF GP (2021)).

Freezing Relief in Support of Foreign Proceedings: The Privy Council’s decision in Convoy Collateral Ltd v Broad Idea International Ltd [2021] UKPC 24 endorsed the long-controversial Black Swan freezing order developed by the BVI courts. The decision brings into sharp focus the principles that underlie the law of injunctions generally and freezing injunctions in support of foreign proceedings in particular. Join us for a discussion of the decision as we explore some of the possible ramifications flowing from it.

Extended Networking Break

Cross-Border Insolvency & Restructuring in Practice: UNCITRAL and More Developments Affecting Enforceability, Asset Tracing and Recovery

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

Caroline Moran
Partner
Maples Group (Cayman Islands)

Chris Weil
Managing Partner (DC); Co-Head International Asset Tracing Unit (US)
Mintz Group

Declan Magennis
Director
BDO CRI (Cayman Islands)

Sebastian Said
Partner
Appleby (Cayman Islands)

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.

In this insightful and interactive panel, our experts will discuss:

• Updates on cross-border insolvency and restructuring laws in the U.S., U.K. and offshore jurisdictions
• Comprehensive strategies on debtor-side assignments and practical tips for handling complex and sophisticated creditor rights matters
• Updates on the UNCITRAL Model Law on cross border insolvency – what it means for enforceability of judgments
• Utilizing Insolvency and Restructuring as mechanisms for exposing fraud, detecting and recovering assets
• To what extent there has been an uptick in insolvency and restructuring: Are the predictions coming true?
• How insolvency and fraud litigators are now working together

Wine as a Tool for Fraud: Fake Vintage, Forged Labels-and the Newest Schemes to Flag Now (Before Your Next Glass!)

Héctor Sbert
Partner
ECIJA (Spain)

Jason Hernandez
Shareholder
Stearns Weaver Miller (USA)
Former Asst. U.S. Attorney for the Southern District of New York

Brad Goldstein
President
Resilience Communications (USA)

Jerry Rothwell
Documentary Director
Met Film (UK)

Join us for this unique discussion about wine as a vehicle for fraud, the unfolding of the investigations and more. Hear real-world examples of fraudsters attempting to counterfeit wine through the use of forged labels, fake verifications and crafty fake recipes to mirror the scent and taste of vintage wines – and the lessons learned.

Cocktail & Networking Reception

Conference Co-Chairs’ Opening Remarks

Finding the Fraudsters: How Legal and Forensic Teams are Now Tracking Down Elusive Perpetrators and Hidden Assets

Tara Archer-Glasgow
Partner
Higgs & Johnson (Bahamas)

Jen Cherner
Partner
Mintz Group (USA)

Identifying fraudsters, along with locating and freezing assets has been very challenging over the past year, with more new obstacles anticipated. Several jurisdictions are experiencing significant delays in scheduling hearings, with more hurdles to proceeding with asset recovery matters. Moreover, while some jurisdictions have seen somewhat timely hearings, others decisions have been badly delayed – with some even being sent back to be re-litigated!

Join us at this session as we discuss the latest strategies to combat the fraudsters and reduce the prospects of delayed proceedings and judgments.

View from the Bench

Mark Forte
Partner, Head of BVI Litigation & Restructuring and Office
Conyers (British Virgin Islands)

Honourable Justice Indra H. Charles
Supreme Court of the Bahamas

Justice Ian Kawaley
Judge of the Grand Court
Cayman Island Grand Court (Cayman Islands)

During this highly anticipated panel, Members of the Bench will share first-hand insights related to fraud and asset recovery proceedings during these pivotal times.

Extended Networking Break

The Pandora Papers: A Wakeup Call for Dramatic Policy Reforms – or Hot Air About the Rich and Famous?

Will Fitzgibbon
Senior Reporter
International Consortium of Investigative Journalists (USA)

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

The Pandora Papers investigation and subsequent leak of offshore data is the largest in journalism history, and exposes a shadow financial system that benefits the world’s most rich and powerful. While the investigation and document leak provide a rare window into the hidden operations of a global offshore economy, does it really include any revelations about criminality or financial wrongdoing?

Join us for an animated debate on the legality and legitimacy of utilizing offshore entities, and what benefits or legislation will actually result from the document leaks. We will take a deep dive into the questions that everybody wants answered, including:

• How much apparent criminality did the Pandora Papers actually reveal?
• How is the grand violation of privacy rights justified with no official or legitimate gate-keepers -overseeing “who gets to see what”?
• Will greater transparency really prevent corruption and kleptocracy; or could it lead to unintended consequences?
• Will the Pandora Papers have an effect on the regulated sector, and has it already been swamped by demands for change?
• To what extent was the regulated sector already changing, even before the latest “revelations”?
• Will enhanced due diligence and KYC (alone) frustrate money launderers and tax evaders?

Latin America Update: The Need-to-Know Trends to Flag Now

Marta Alfonso
Partner
BDO (U.S.)

Henrique Forssell
Founding Partner
Duarte Forssell (Brazil)

Aimée Prieto
Partner
Prieto Cabrera & Asociados (Dominican Republic)

Lava Jato and subsequent investigations uncovered a web of corruption and fraud across Latin America and beyond, jolting the political and economic establishments in more than a dozen countries. In this session our panelists will discuss:

• Difficulties in locating assets in Central and South America
• Current and ongoing judicial and government corruption in Latin America
• Resources (and the lack thereof) that governments and prosecutors have in enforcing judgments and recovering assets
• The future of litigation, damage assessment, internal investigations and asset recovery

Networking Luncheon

The Enforcement Agencies Speak

What’s Next for Fraud Enforcement? Multi-Jurisdictional Enforcement and Coordination Trends Affecting the Future of Litigation and Asset Recovery

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

Marlee Miller
Branch Chief, Office of International Affairs
SEC

Juan Antonio Gonzalez
Acting U.S. Attorney
Southern District of Florida

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

JonMarc Buffa
Assistant Chief, Office of Cooperative Enforcement
Commodity Futures Trading Commission (USA)

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
  • How the agencies are investigating cyber and crypto asset fraud schemes – and approaching asset collection and civil asset forfeiture
• Some of the latest issues regarding crypto, cyber and pandemic-related fraud schemes and developments
• Trends in emerging forms of fraud and what is on the horizon
• The continuing impact of COVID-19 on domestic and international investigations and enforcement, including evidence-gathering, document production requests and interviews
• The extent of cross-agency coordination and information sharing for fraud cases

Litigation Funding Roundtable

The Convergence of Asset Recovery and Litigation Funding: How Funders are Revisiting Legal and Collectability Risks

Daniel Pascucci
Managing Member; C0-Chair, Cross-Border Asset Recovery Practice
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Michael Redman
Managing Director
Burford Capital (UK)

Wendie Childress
Portfolio Counsel
Validity Finance (U.S.)

Collectability risk has become a major focus of litigation finance as a result of the pandemic induced financial crisis. As a result, collectability risk is being assessed as rigorously as legal risk, and many anticipate a corresponding growth in demand for asset recovery and enforcement funding. Join us as we talk through the newest methodologies for properly assessing collectability in the context of litigation funding, such as:

• Determining who the key stakeholders are by looking at the profile and motivations of the main decision-makers
• When claimants may be competing with other creditors over a limited pool of assets
• Examining which assets the respondent may hold in jurisdictions that may or may not be amenable to enforcement; and to what extent the assets are leveraged
• Finding out the nature and extent of any ongoing commercial operations of the respondent
• Accounting for the proposed enforcement plan if no voluntary payments are made at the conclusion of the litigation or arbitration

Spotlight on Cyber Fraud

Inside the Latest Techniques for Combatting Systemic and Aggressive Cyber and Ransomware Campaigns

Alejandro Catala
Partner
Basham, Ringe y Correa, S.C. (Mexico)

Saverio Lembo
Partner; Head of White Collar Crime Practice Group
Bär & Karrer SA (Switzerland)

Fraudsters have become increasingly sophisticated in their cyber attacks that target non-public information, critical infrastructure and non-traditional financial assets. These new schemes have significantly altered the ways in which practitioners investigate and litigate these types of fraud, and have created complex challenges when trying to identify the fraudsters and seek injunctive relief. In this session we will discuss:

• Some of the emerging forms of cyber fraud
• Challenges in both prosecution and defense of cyber fraud matters
• Strategies for investigating, litigating and obtaining injunctive relief for cyber fraud schemes

End of Conference | Thank you!