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

October 27, 2022 3:30pm

Marlee Miller

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

Adam Crane
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