Pre-Conference Workshop

Networking Cruise

Sep 16, 2016 1:30pm – 4:30pm

Day 1 - Monday, October 17, 2016

8:00
Networking Breakfast Sponsored by
9:00
Co-Chairs’ Opening Remarks
9:10
What Has Emerged from the Panama Papers? Assessing its Impact on Fraud Litigation and Asset Recovery
10:10
Morning Refreshments Sponsored by
10:40
Offshore Jurisdictions in the Spotlight: A Comparative View
11:40
Cybercrime and Emerging Legal and Investigative Tools
12:40
Networking Luncheon
2:00
The Ethics of Interviewing in Civil Proceedings
2:40
Best Practice Approaches to Obtaining Freezing Injunctions and Search Orders
3:50
Afternoon Refreshments Sponsored by
4:10
Financial Frauds and Ponzi Schemes: Current Litigation Trends and Creative Mechanisms to Pursue Fraudsters
4:50
Charles Ponzi: Then and Now
5:30
Co-Chair’s Closing Remarks and Conference Adjourns
5:40
Networking Drinks Reception Hosted by:

Day 2 - Tuesday, October 18, 2016

8:00
Networking Breakfast Sponsored by
9:00
Co-Chairs’ Opening Remarks
9:10
They think it’s all Over! It is Now…..
10:30
Morning Refreshments Sponsored by
10:50
Petrobras – The Latest Developments and Recovery Efforts
11:50
Grand Corruption – A Crime Against Humanity – Strategies to Fund and Effect Substantial Recoveries of Value
1:00
Networking Lunch
2:00
Mock Hearing: Admissibility of Unlawfully Obtained Evidence
3:30
Media In The Post Media Age: Friend or Foe?
4:15
Co-Chair’s Closing Remarks and End of Conference

Day 1 - Monday, October 17, 2016

8:00
Networking Breakfast Sponsored by

p_essex_court_chambers_3337

9:00
Co-Chairs’ Opening Remarks

Martin Kenney
Founding Partner
Martin Kenney & Co., Solicitors

Edward Davis
Founding Shareholder
Astigarraga Davis (USA)

9:10
What Has Emerged from the Panama Papers? Assessing its Impact on Fraud Litigation and Asset Recovery

Moderator

Edward Davis
Founding Shareholder
Astigarraga Davis (USA)

Panellists

Stephen Baker
Senior Partner
Baker & Partners (Jersey)

Nicholas Nehamas
Business Reporter
Miami Herald (USA)

Jeffrey Neiman
Partner
MNR Law (USA)

  • What information has been disclosed and what is still to come?
  • The impact of the Panama papers on historic and present fraud and asset recovery cases
  • What litigation has arisen as a result of the leaks?
  • How should such information be used in fraud investigations?
  • The impact of the investigations on Panama as an offshore financial centre and on other jurisdictions
  • Where will the next Panama papers occur?

10:10
Morning Refreshments Sponsored by

s_schellenbergwittmer_100

10:40
Offshore Jurisdictions in the Spotlight: A Comparative View

Moderator

James Collins QC

Essex Court Chambers (UK)

Panellist

Jonathan Addo
Counsel
Harneys (BVI)

Warren Gluck
Associate
Holland and Knight (USA)

David Mizrachi
Senior Partner
Mizrachi Davarro & Urriola (Panama)

This session will compare and contrast selected offshore jurisdictions and how their legal frameworks can assist with or hinder a fraud investigation.

  • Piercing the corporate veil/alleging alter ego in cases of fraud – recourse to the civil and criminal courts
  • Could a discovery request for a United Statesincorporated company extend to its BVI, Cayman or Panamanian holding company for documents that are in its possession?
  • Pre-litigation discovery in respect of offshore disputes
  • Appointment of Liquidators and Receivers – and obtaining recognition of these appointments abroad – the latest on cross-border insolvency recognition
  • Debate – the future for offshore jurisdictions

11:40
Cybercrime and Emerging Legal and Investigative Tools

Sophie Eyre
Partner
Bird & Bird LLP (UK)

Julie Himo
Partner
Norton Rose Fulbright (Canada)

Karen Anderson
Director Global Litigation and IP
Verifone (USA)

Deena Coffman
Managing Director
BDO (USA)

Fraudsters routinely utilise technology in their activities, often evading investigation and prosecution by the borderless nature of cybercrime. This session will explore how legal and investigative tools are keeping pace with the technologies utilised by fraudsters. The session will also include a live demonstration of how to hack through someone’s firewall.

  • Cross border co-operation in tackling cybercrime
  • What you need to know about the investigatory powers bill
  • EU Draft cybercrime Directive
  • Privacy considerations

12:40
Networking Luncheon
2:00
The Ethics of Interviewing in Civil Proceedings

Robert Hunter
Partner
Edmonds Marshall McMahon

Many jurisdictions have notorious legal disasters where questioning of witnesses did not arrive at the truth, but resulted in a significant miscarriage of justice. The issue is never far out of the public eye. Differing rules between jurisdictions as to what is acceptable practice for interviewing techniques (and in particular those designed to elicit confessions) highlight very real questions for practitioners as to the proper way in which to approach witness interviews. The session will address some of the difficulties that can arise and the different ways in which they can be addressed.

  1. Appropriate and inappropriate pressure;
  2. Questioning and syntax;
  3. Partial truths, selective truths and obvious falsehoods;
  4. Implications for the witness outside the interview; and
  5. Retraction and amendment
  No single jurisdiction has the complete answer. The session will be designed to stimulate discussion amongst the practitioners present as to good practice for the remainder of the conference.

2:40
Best Practice Approaches to Obtaining Freezing Injunctions and Search Orders

Richard Millett QC

Essex Court Chambers (UK)

Benjamin Borsodi
Managing Partner
Schellenberg Wittmer (Switzerland)

Jerry D Samuel
Partner
Conyers Dill & Pearman (BVI)

Jane Colston
Partner
Brown Rudnick LLP (UK)

  • Criminal vs civil freezing orders
  • Most significant issues for obtaining search orders no matter what the jurisdiction
  • Search orders and injunctive relief in the context of international cooperation
  • Questions to be asked (or not) when instructing overseas lawyers

3:50
Afternoon Refreshments Sponsored by

s_schellenbergwittmer_100

4:10
Financial Frauds and Ponzi Schemes: Current Litigation Trends and Creative Mechanisms to Pursue Fraudsters

David J Molton
Partner
Brown Rudnick LLP (USA)

  • Current litigation trends in financial fraud cases and Ponzi schemes including Petters and Madoff
  • How defences are changing in the context of applicable Insolvency legislation
  • The ability to sue offshore transferees: jurisdiction, choice of venue/consent to jurisdiction, inconvenient fora and the long arm (or not) of avoidance claims
  • Supplementing claw back claims through alternative causes of actions including aiding and abetting, dishonest assistance, civil conspiracy, unjust enrichment, negligence, malpractice

4:50
Charles Ponzi: Then and Now

Neal Levin
Partner
Freeborn & Peters LLP (USA)

In terms of today’s dollars, Ponzi’s short-lived scheme would have been one of the largest in history, right up there with Madoff. Though we all know that fraud and even Ponzi schemes existed well before the namesake financial crime, this presentation looks at how Charles Ponzi came to be etched into history and celebrity. Understanding the economic landscape and mind set of the Roaring 20s and how Ponzi tried to cash-in on that boon presents a fascinating overlay to the mad rash of fraud cases seen over the past 9 years.

5:30
Co-Chair’s Closing Remarks and Conference Adjourns
5:40
Networking Drinks Reception Hosted by:

p_bdo_geneva_3451

Day 2 - Tuesday, October 18, 2016

8:00
Networking Breakfast Sponsored by

p_essex_court_chambers_3337

9:00
Co-Chairs’ Opening Remarks

Keith Oliver
Senior Partner and Head of Commercial Fraud Litigation
Peters and Peters

Robert Hunter
Partner
Edmonds Marshall McMahon

9:10
They think it’s all Over! It is Now…..

Moderator

Keith Oliver
Senior Partner and Head of Commercial Fraud Litigation
Peters and Peters

Panellists

Edward C. O’Callaghan
Partner
Clifford Chance US LLP (USA)

Dan Ventricelli
Managing Director
BDO (USA)

Marcio Battilana
Partner
Preda Del Puerto & Asociados (Paraguay)

Pierre Schifferli
Partner
Schifferli Vafadar Sivilotti Zappelli (Switzerland)

  • The extraterritorial application of US criminal laws (e.g RICO, money laundering, wire fraud) to activities involving FIFA and other international sports organizations and individuals’ exposure to extradition
  • The individual liability provided for in FCPA and recent DOJ developments: risk and consequence
  • The latest on FIFA’s action to recover misappropriated funds from Executives
  • Does sport need its own anti-corruption agency?
  • Illegal betting activities
  • Arbitration and the Court’s – using the Court’s powers to support arbitral proceedings against corruption

10:30
Morning Refreshments Sponsored by

s_schellenbergwittmer_100

10:50
Petrobras – The Latest Developments and Recovery Efforts

Dora Cavalcanti Cordani
Partner
Cavalcanti & Arruda Botelho Advogados (Brazil)

Saverio Lembo
Partner – Head of White Collar Crime Department
Bär & Karrer (Switzerland)

Antenor Madruga
Partner
Feldens Madruga Law (Brazil)

  • Lifting the lid on the largest public/private corruption case in history with $40 billion in losses
  • Latest developments in Operation Car Wash
  • On-going criminal cases and investigations in Brazil and Switzerland
  • The release of $120 million by the Swiss Government for the purpose of repatriation
  • The use of plea bargains with suspects to aid asset recovery
  • Misuse of International Mutual Legal Assistance (lessons learnt from recent cases from the Swiss Federal Supreme Court)
  • Impact of fundamental rights’ and guarantees’ violations on International Mutual Legal Assistance

11:50
Grand Corruption – A Crime Against Humanity – Strategies to Fund and Effect Substantial Recoveries of Value

Moderator

Martin Kenney
Founding Partner
Martin Kenney & Co., Solicitors

Panellists

Rodrigo Fermín García
Partner
Marval, O’Farrell & Mairal (Argentina)

Rodrigo Callejas Aquino
Partner
Carrilo & Asociados (Guatemala)

Guido Rodriguez
Prosecutor
Attorney General of Accounts, Republic of Panama

Declan Magennis
Director
BDO (Cayman Islands)

  • The role of the state in recovering the proceeds of corruption
  • The use of criminal and civil proceedings
  • Tracing and recovering bribes
  • Facilitator liability actions for damages
    • suing the enablers of corruption for damages
    • making bankers, accountants, lawyers, and trust companies pay
  • How anti-corruption measures can be used as an aid in asset recovery cases
  • Lessons learnt from recent cases

1:00
Networking Lunch
2:00
Mock Hearing: Admissibility of Unlawfully Obtained Evidence

Catherine Newman QC
Maitland Chambers (UK)

Mark P. Schnapp
Shareholder
Greenberg Traurig LLP (USA)

Justice Ingrid Mangatal
Judge
Grand Court of the Cayman Islands

Stephen Moverley Smith QC
XXIV Old Buildings (UK)

Adriana Riviere-Badell
‎Partner
Kobre & Kim LLP

Juan Ramirez Jr.
FCIArb Mediator, Arbitrator and Consultant Retired Chief Judge, District Court of Appeal
ADR Miami LLC

This session will feature two concurrent hearings and comparative applications, which will look at the admissibility of unlawfully obtained evidence and sanctions to investigators. The session will compare the approaches of the US and Cayman Islands Courts.

3:30
Media In The Post Media Age: Friend or Foe?

Ron Guirguis
CEO, U.S. Operations
MSLGROUP (USA)

William Brock
Partner
Davies Ward Phillips & Vineberg LLP (Canada)

  • The infinite reach of tv, print, web, YouTube, Twitter and beyond.
  • It will help you or hurt you, or worse
  • To comment or not to comment: is that really the question?
  • How to get ahead – timing is everything
  • The art of constructive brevity
  • When all else fails, and it’s too late to keep calm and carry on

4:15
Co-Chair’s Closing Remarks and End of Conference