Registration & Networking Breakfast

Co-Chairs’ Opening Remarks

Tara Archer-Glasgow
Partner
Higgs & Johnson (Bahamas)

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

Fraud Through the Ages

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

“A speculation or a swindle? Let us call things by their proper names,” so said Oscar Wilde, and as we live in an age of financial uncertainty, as well as technological advancement, no wonder we get caught by the lure of clickable profits. We saw all the glossy adverts for cryptocurrencies at the Super Bowl but, as we watch them tumble, Shakespeare reminds us that “who makes the fairest show means most deceit!” Is cryptocurrency following in the footsteps of the South Sea Bubble, tulip mania, or the dot-com bubble?

Keith Oliver will remind you all of the benefit of hindsight in a whistlestop tour of fraud through the centuries.

Crypto Asset Fraud Part I

Behind the Scenes of Recovering Crypto Assets: The Newest Fraudster Schemes, How to Detect and Recover the Misappropriated Funds

Matthew Bradley KC
Barrister
4 New Square (UK)

Jane Colston
Partner
Brown Rudnick LLP (UK)

Danny Ong
Partner
Rajah & Tann Singapore LLP (Singapore)

Johnny Lee
Principal & National Practice Leader, Forensic Technology
Grant Thornton LLP (USA)

Alan Cohn
Partner and Co-Chair, Blockchain and Cryptocurrency Practice
Steptoe & Johnson LLP (USA)

The high-tech nature of blockchain and cryptocurrency has created numerous challenges for fraud and asset recovery practitioners. The unknowns and new lessons in crypto fraud and asset tracing expand every day. As you expand your practice and expertise, you cannot afford to fall behind in this emerging area of law. Now more than ever, it is critical for litigators to know the finer points of blockchain and digital assets; and deepen familiarity with the complexities of tracing across the chain.

Be sure to join us in this session as we discuss:

• 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 best strategies for serving freezing orders and injunctions against unknown individuals and organizations

Tracking Down High-Level Government and High-Profile Fraudsters: Special Considerations for Tracing, Enforcement, and Resolution of Multi-Jurisdictional Fraud Matters

Benjamin Borsodi
Partner
Schellenberg Wittmer (Switzerland)

Kate McMahon
Partner
Edmonds, Marshall, McMahon Ltd. (UK)

Rachel Cropper-Mawer
Partner
Clyde & Co. LLP (UK)

Oren Warshavsky
Partner
Baker & Hostetler LLP (USA)

Amit Hadad
Co-founder and Managing Partner
Hadad Roth, Shenhar & Co. (Israel)

In this engaging session, we will hear from investigators and practitioners that have been involved in some of the most impactful and high-profile criminal and civil matters. We will trace the steps that were needed to get the matter investigated and prosecuted, and assets recovered—and will review:

• What has triggered suspicion and investigations – both criminal and civil
• The initiation of the investigation and severity of the potential charges against a public official
• The early stages of interagency and multi-jurisdictional cooperation, and what is ultimately needed to bring a case to fruition
• The ramifications to the public as a result of a potential leadership shakeup, and instilling confidence in future government representation
• How to avoid a deteriorating state of governance, along with preventing the potential for serious organized crime moving in during the crisis and likely transition
• The role of outside counsel in subsequent litigation

Extended Networking Break

Kleptocracy, Russian Oligarchs and the Broader Lessons for Identifying Beneficiaries and Locating Assets to Be Frozen

Andrew Adams
Director, Task Force KleptoCapture
U.S. Department of Justice (USA)

Costas Stamatiou
Partner
Elias Neocleous & Co. LLC (Cyprus)

Jonathan Addo
Partner
Harneys (British Virgin Islands)

Adam Fee
Partner
Milbank LLP (USA)

Join us for this session as our experts will outline:

• Initiatives and efforts available to combat kleptocracy
• The types of recovery actions that are available
• The various roles that forensic accountants and business intelligence executives play in recovering assets
• Databases and tools that help identify the folks subject to the sanctions, and locate the hidden assets

Networking Lunch

Deploying Forensic Accounting, Corporate Intelligence and Psychodynamic Services for High Stakes Fraud and Asset Recovery Investigations

Joann Arweiler
Principal
Investigative Due Diligence Practice Leader / BDO USA (USA)

Martin Kenney
Managing Partner
Martin Kenney & Co. Solicitors (British Virgin Islands)

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

Dr. Alexander Stein
Founder
Dolus Advisors (USA)

Forensic Accountants and corporate intelligence providers can make or break an asset recovery case; and it is critical that they identify the right tools to use and manage the associated risks. The ability of accountants and corporate intelligence specialists to quickly identify and retrieve reliable evidence is both an important and necessary skill, and often serves to inject crucial momentum into the early stages of an investigation. Psychodynamic Intelligence is an additionally impactful, though often under-utilized, tool in the very human fight to bring fraudsters to justice and recover victims’ losses.

Join our experts as they discuss the most effective tools and skills that are used to gather information in asset recovery cases, such as:

• The ability to identify and retrieve information from a wide array of sources which may be spread across multiple jurisdictions
• Open-source desktop inquiries and electronic tools to aid in analyzing, interpreting and contextualizing information before pinpointing its relevance
• Covert intelligence gathering and political advocacy in “rule of law challenged” jurisdictions
• Ways to develop recruiting sources, sting operations, surveillance, and bank account information procurement
• Decode trace and shadow data relating to human behavior to: create pinpoint profiles of the fraudster and his confederates’ strengths and vulnerabilities; develop predictive behavioral models and psychologically sophisticated counter-offensive response plans; open a third dimension on case management, strategy, and prosecution

The Finer Points of Asset Recovery in Multi-Jurisdictional and Offshore Matters: Strategic Insights on Evidence Collection, Litigation Funding and the Interplay of Emerging Technologies

Marlee B. Miller
Branch Chief, Office of International Affairs
U.S. Securities and Exchange Commission (USA)

Adam Crane
Partner
Baker & Partners (Cayman Islands)

Richard Templeman
Associate Director – Caribbean
Quantuma (Cayman Islands)

The international nature of the financial services industry and other companies registered in multiple jurisdictions necessarily means that fraud litigation is almost invariably cross-border. In addition, offshore and cross-border fraud litigation is very expensive and requires a preliminary high-level assessment of funding and recovery prospects. Join this interactive session as we review some of the biggest challenges for recovering assets across borders involving onshore and offshore jurisdictions, such as:

• Identifying key jurisdictions of interest and any evidence that can be collected without involving the Courts – to develop an initial high-level case strategy
• Determining if funding will become a key practical challenge for fraud and asset recovery claims – new legislation in some offshore jurisdictions opening up the world of litigation funding and other innovative fee structures
• Recognizing that fraud and technological advancements are inextricably linked in a variety of ways; and understanding that fraudsters are often early adopters and adept users of new technology

Networking Break

Interactive Polling Session

Practitioners’ Think Tank on Complex, High Dollar Litigation Cases: The Top Five Biggest Missteps to Avoid When Assembling Cross-Functional Teams, Conducting Cross-Border Investigations, and Enforcing Judgments

David Mizrachi
Senior Partner
MDU Legal (Panama)

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

Héctor Sbert
Partner
ECIJA, Barcelona (Spain)

Lyndsay Sykes
Partner
PPO Abogados (Bolivia)

When an international fraud involves a number of jurisdictions, the individual or entity intending to bring a civil fraud claim to recoup their losses often faces multiple issues that impact the ability to recover. It is a very complex landscape within which fraud practitioners must navigate, and requires focus and consideration of conflicting regimes, class priorities, foreign substantive law, and an array of other foreign insolvency and fraud-related proceedings. In this interactive session, our experts will address some of the most pressing, hard hitting questions confronting fraud and asset recovery practitioners, such as:

• How to gather evidence, utilize corporate intelligence and explore freezing injunctions in cross-jurisdictional and increasingly complex scenarios
• Forum and Venue: Challenges in selecting and changing the “battlefield” to speed up the cases, gain momentum and improve chances of asset recovery
• How to obtain and serve freezing orders against unknown individuals and organizations
• Overcoming a lack of cooperation between attorneys and enforcement authorities in the affected jurisdictions
• How to conquer evidential challenges that parties face in complex civil fraud claims: handling the different approaches taken to disclosure & discovery in Civil and Common Law jurisdictions

Networking Cocktail Reception

Networking Breakfast

Co-Chairs’ Opening Remarks

Jonathan Addo
Partner
Harneys (British Virgin Islands)

Jennifer Fox
Partner
Ogier (Cayman Islands)

Crypto Asset Fraud Part II

Overcoming Challenges to Crypto Asset Tracing: The Latest and Greatest in Tracking Financial Transactions and Obtaining Freezing Orders

Sophie Eyre
Partner
Bird & Bird (UK)

Marc Jones
Partner
Stewarts Law LLP (UK)

Hakob Stepanyan
Manager, Forensics
BDO USA, LLP (USA)

Dan Wyatt
Partner
Reynolds, Porter Chamberlain LLP (UK)

Alex Englander
Associate
Holland & Knight LLP (USA)

A lot has been said about the basics of crypto disputes, and particularly the standard suite of relief for fraud victims of freezing and disclosure orders. But much less has been said about the underlying substantive crypto claims relating to fraud, where there arguably remain more questions than answers. Join this session to take a deeper dive into crypto disputes and consider issues such as:

• The types of substantive claims relating to crypto fraud, the potential pitfalls and strategic considerations
• What to look out for when following a chain of transactions via the blockchain, and how crypto fraudsters commonly seek to off-board fraudulently obtained crypto or fiat
• The potential liability of crypto developers and a court’s ability to order amendments to the code. When frauds occur it is not only the fraudsters who face potential liability
• The known unknowns in crypto disputes that will impact fraud claims: good faith, money vs commodity, DAOs, flash loan exploits and more

Networking Break

Cross-Border Insolvency and Restructuring as Mechanisms for Exposing Fraud and Recovering Assets

Tameka Davis
Partner
Conyers Dill & Pearman (British Virgin Islands)

Yves Klein
Partner
Monfrini Bitton Klein (Switzerland)

Arnoldo B. Lacayo
Shareholder
Sequor Law

James Pomeroy
Director
Grant Thornton UK LLP (British Virgin Islands)

Joseph R. Dunn
Member
Co-Chair, Cross-Border Asset Recovery Practice
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (USA)

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 session, leading experts will provide us with updates on cross-border insolvency and restructuring laws in the U.S., Europe and offshore jurisdictions, including discussions on:

• 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

Networking Luncheon and Advisory Board Meeting

Norwich Pharmacal Relief: Discussing the Availability of Relief in Foreign Proceedings

Richard Gillis KC
Barrister
One Essex Court (UK)

Jennifer Fox
Partner
Ogier (Cayman Islands)

Andrew McLeod
Barrister
One Essex Court (UK)

Paul Smith
Partner
Harneys (Cayman Islands)

In England and Wales, Norwich Pharmacal is generally unavailable to pursue proceedings out of the jurisdiction – following Ramilos Trading Ltd v Buyanovsky. This creates real obstacles in cross-border and multi-jurisdictional fraud and asset tracing claims where evidence or information is held by English-based third parties. However, in the last two years, the Cayman and BVI courts have handed down major decisions that refuse to follow Ramilos, holding that relief can be obtained for the purpose of taking action outside the jurisdiction.

Join this session as our panel of experts discuss if this marks a new trend allowing relief to support foreign proceedings.

Interactive Session / Champagne Toast

SPECIAL UPDATE: Surprising Lessons and New Trends for Fraud Practitioners in Latin America

Henrique Forssell
Founding Partner
Duarte Forssell Sociedade de Advogados (Brazil)

Snežana Gebauer
Partner
StoneTurn (USA)

Aimée Prieto
Partner
Prieto Cabrera & Asociados (Dominican Republic)

Pamela Goldbaum Pimstein
Partner
Lathrop Blanco Goldbaum Advogados (Chile)

Grab a glass of champagne and be sure to join us in this session for special insights and a closing toast as our panelists discuss:

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

Co-Chairs’ Closing Remarks | End of Conference