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.

• A. The Interplay of Civil and Criminal Processes in Asset Recovery and Fraud Cases: Increasing Cooperation Among Legal Counsel and Enforcement Agencies
• B. Evolving Crypto Fraud Schemes: The Variety of Substantive Claims Relating to Crypto Fraud, the Potential Pitfalls and Strategic Considerations
• C. Litigation Funders, Insurance, and Asset Recovery Practitioners: Bringing the Fight to the Fraudsters and Recovering for Your Clients

A freezing injunction is a widely used tool in the arsenal of asset recovery practitioners, and these orders typically cover a wide range of assets, including bank accounts, property, shares, vehicles, and even intangible assets like intellectual property. Despite five decades of freezing injunctions, courts are still regularly asked to clarify the law and many jurisdictions hold that suspicion, fear or speculation of the dissipation – or movement – of assets is not sufficient.

Join us in this session as our panelists review the questions, considerations, tactics and scope of freezing orders. Topics for discussion include:

• Maximum sum and unlimited orders
• Control vs. ownership issues
• Considerations when a receiver has been – or will be – appointed
• Best practices for bringing proceedings for contempt
• Risk of asset dissipation

Join us for highly interactive sessions that will operate as open-mic discussions on hot button issues in these critical jurisdictions. Engage with our international speakers as we discuss ongoing challenges and best practices in these key regions. Common talking points include:

• Challenges in locating assets in these jurisdictions
• The enduring influence and attempts at fraudulent activity through executive appointments
• The current and ongoing judicial and government corruption
• Newer resources and fraud prevention tools that international prosecutors have at their disposal when trying to enforce judgments and recover assets
• The future of global litigation, damage assessment, internal investigations, and asset recovery

PART I
Offshore

PART II
Latin America

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 about 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:

• When can contempt proceedings provide have any traction where a fraudster is not present in the jurisdiction – or has limited connections to it?
• How do tactics and strategies differ offshore versus onshore?
• What are the common pitfalls?
• Ways to utilize contempt to preclude future claims and defenses

The passing of the Baby Boomer generation (born between 1946-1964) is giving rise to the biggest intergenerational wealth transfer in history. This unprecedented shift of assets does have a darker side, with a potential sharp rise in conflicts between family members over the division of estate assets.

These disputes between potential heirs can involve accusations of fraud, forgery, undue influence of the elderly and other forms of wrongdoing. The claims might be genuine; or they can come from those who feel slighted and are determined to disrupt the probate process. Be sure to join us in this engaging session as our esteemed panelists discuss the psychology of this type of fraud, including the effects on the:

• Perpetrators
• Victims
• Siblings

Many fraudulent schemes involve the use of banking facilities because most money transfers and trading still must be done through banks. Banks and their employees are, therefore, in a position that may enable them to spot and block or report suspected fraud. But what about civil liability for failing to spot potentially fraudulent behavior?

Does a financial institution owe a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries? Join us as we answer these questions and discuss:

• The scope of a bank’s liability where it is or might be on notice of a fraud committed by the customer’s agent reflect attractiveness of
• A line of developing English and Caribbean cases about targeting a bank/financial institution when the fraudster is nowhere to be found.
• When will a bank be considered “on notice” of a dishonest director or agent’s fraud?
• And what about non-bank financial services entities?
• What sort of strategies are effective in pursuing such claims?
• What about in defending such claims on behalf of banks?

Cross border insolvency laws present a complex landscape within which fraud practitioners must navigate, with an eye towards geopolitical tensions, class priorities, foreign substantive law, 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

As fraud and financial crimes grow in complexity and scale, the integration of artificial intelligence into investigative and asset recovery processes is rapidly transforming the landscape. AI is increasingly used in investigations and asset recovery to analyze large datasets, identify potential patterns, and expedite the process of tracing and recovering stolen assets. 

There are some limitations and challenges with utilizing AI in financial fraud investigations, so it is critical to gain a solid understanding of how to best utilize these tools to avoid errors and misdirected resources. Be sure to join us in this session as we examine best practices for utilizing AI-tools in asset recovery. Topics for discussion include:

• Real-world applications of AI in financial crime investigations
• Techniques for enhancing due diligence and forensic accounting
• Challenges around data quality, legal admissibility, and algorithmic bias
• Best practices for leveraging AI in cross-border asset tracing and recovery

Fraudsters continue to wield new and dynamic methods perpetrate their schemes. These methods to move and conceal assets are frighteningly fast and complex, and are often concealed and cocooned into layered structures. As such, it is critical for practitioners to update their pre-emptive remedy toolkits. Join us in this session as our panelists discuss:

• Gagging injunctions; sealing orders; and in camera hearings
• Norwich Pharmacal / Bankers Trust disclosure orders
• ‘Mareva by Letter’
• Worldwide freezing injunctions and other orders with extraterritorial effect
• How to utilize criminal proceedings in civil law jurisdictions

Engage with our speakers for in-depth and meaningful discussions “without the fluff”. SPARK sessions are 30-minute, content-rich and thought-provoking discussions that will offer real-world solutions to many of the complex challenges faced by the Fraud & Asset Recovery community. 

Session I
Enforcement of Foreign and Multi-Jurisdictional Judgments: Recovery Tactics for Arbitration & Legal Awards

Session II
Asset Tracing in Hostile, High-Risk Jurisdictions

Session III
Asset Recovery in High Net Worth, Matrimonial Disputes: Practitioner Tips for Conducting Cross-Border Investigations, Enforcing Judgments and Overcoming High Stakes Obstacles

Non-traditional assets, personal data protection hurdles, and the growing number of mechanisms for concealing assets have heightened the need to adapt asset tracing and recovery strategies. As a result of the many changes to the asset recovery landscape, it is critical to expand your available resources to recover for your clients.

Be sure to join us in this session – with a closing toast – as we open up the floor to discuss the new, growing trends in Fraud and Asset Recovery. We will hear from practitioners who continue to be involved in some of the most impactful and high-profile matters to date, and will trace the steps that are needed to get matters investigated and resolved. 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