Fraud, Asset Tracing & Recovery Asia

Agenda

Day 1 - Monday, June 25, 2018

8:30	Registration and Networking
9:00	Opening Remarks from Co-Chairs
9:15	Asset Recovery in Recent High-Profile Corruption Cases Globally and Across Asia- Pacific Jurisdictions
10:15	Corporate Structures and Beneficial Ownership in the Offshore Context
11:15	Freezing Injunction Update – The Latest Cases
12:15	Cooperation between Lawyers, Liquidators and Receivers from Different Jurisdictions on Cross Border Cases arising out of Asian Jurisdictions or involving an Asian Party
1:15	Networking Lunch
2:15	DOs and DON’Ts of Litigating in Offshore and Midshore Jurisdictions. Recent Judgments and Implications for Asset Protection
3:15	What do you Need to Know about Fraud Claims under Arbitration Agreements involving an Asian Element
4:00	Co-Chairs’ Closing Remarks. Networking Drinks

Day 2 - Tuesday, June 26, 2018

8:15	Refreshments and Networking Break Sponsored by
9:00	Opening Remarks from Conference Co-Chair
9:10	KEYNOTE ADDRESS
9:30	The International Impact of Unexplained Wealth Orders
10:30	Refreshments and Networking Break Sponsored by
11:00	Fraud, Asset Tracing and Recovery in the Mainland China: A Lesson from the Typical Clause on Non-Exclusive Jurisdictions in Hong Kong
11:30	Shareholder Litigation arising out of the Asia-Pacific Region: Recent Case Studies from the Region
12:25	PRE-LUNCH TALK “R (Miller) v Secretary of State for Exiting the European Union” Case from the Perspective of a Judicial Insider
12:45	Networking Lunch
1:45	Cross-Border Claims: Pressure Points and Pitfalls
2:45	Insider Fraud and Asset Misappropriation
3:15	Advanced Techniques in Asset Recovery: Your Step-by-Step Asset Recovery Toolkit
4:15	Chair’s Closing Remarks
4:30	End of Conference

Day 1 - Monday, June 25, 2018

8:30	Registration and Networking
9:00	Opening Remarks from Co-Chairs Kenneth Yeo Director, Head of Specialist Advisory BDO (Hong Kong) Robert Hunter Partner Edmonds Marshall McMahon (UK)
9:15	Asset Recovery in Recent High-Profile Corruption Cases Globally and Across Asia- Pacific Jurisdictions Benjamin Borsodi Managing Partner Schellenberg Wittmer (Switzerland) Gabriel Wong Principal, Specialist Advisory Services BDO (Hong Kong) Ahmad Maulana Partner Assegaf Hamzah & Partners (Indonesia) Lim Chee Wee Partner Skrine (Malaysia) This year’s conference will kick off with a frank conversation on the latest developments impacting global fraud litigation, recovery efforts and anti-bribery landscape New enforcement, continuation of existing actions and prosecuting practices Self-reporting, co-operation with foreign and domestic enforcement agencies Cross-border investigation: Expectations of prosecuting authorities; potential rewards Investigating listed companies and failure to disclose criminal conduct Class actions related to corruption Corporate criminal liability and proactive self-reporting The thorny issue of legal privilege: Recent developments in the context of corporate investigations
10:15	Corporate Structures and Beneficial Ownership in the Offshore Context Ian Mann Partner Harneys (Hong Kong)
11:15	Freezing Injunction Update – The Latest Cases Robert Hunter Partner Edmonds Marshall McMahon (UK) Charles Samek QC Barrister Littleton Chambers (UK) Barry Hoy Partner Robertsons (Hong Kong) Jokers in the pack: arbitration and trust assets Within reasonable tolerance? The latest on sanctions for contempt Ordinary course of business, living expenses and legal costs: What is the latest approach to exceptions? Cross examination on disclosure affidavits: When is it worth applying for? Privilege against self-incrimination? What to expect?
12:15	Cooperation between Lawyers, Liquidators and Receivers from Different Jurisdictions on Cross Border Cases arising out of Asian Jurisdictions or involving an Asian Party Warren Gluck Partner Holland & Knight (USA) Charles (Chip) Hoebeke Director of Turnaround, Restructuring and Insolvency Practice Rehmann (USA) Stephen Leontsinis Partner Collas Crill (Cayman Islands) Lawyers, liquidators and receiver interaction Cross-border issues and insolvency Jurisdictional arbitrage – your best case forward Federal equity receivers Offshore liquidations Chapter 15 and the Model Law
1:15	Networking Lunch
2:15	DOs and DON’Ts of Litigating in Offshore and Midshore Jurisdictions. Recent Judgments and Implications for Asset Protection Moderator Charles Sorensen Partner Senior Associate Baker & Partners (Jersey) Byung Chang Lee Partner Shin & Kim (South Korea) Joseph Omar A. Castillo Partner PJS Law (Philippines) Top experts will share specific tips and traps for chasing fraudsters, tracing assets, and obtaining judgments in a variety of jurisdictions. This interactive panel will share insights and experiences from real life cases
3:15	What do you Need to Know about Fraud Claims under Arbitration Agreements involving an Asian Element Shreyas Jayasimha Advocate Aarna Law (India) Arbitrating a fraud claim: Challenges to be aware of Are arbitration forums well suited to resolve fraud claims? Cultural issues to be taken into consideration
4:00	Co-Chairs’ Closing Remarks. Networking Drinks End the first day by comparing notes, discussing challenges and sharing visions around industry trends and developments over drinks and nibbles

Day 2 - Tuesday, June 26, 2018

8:15	Refreshments and Networking Break Sponsored by
9:00	Opening Remarks from Conference Co-Chair Keith Oliver Head of International Peters & Peters (UK)
9:10	KEYNOTE ADDRESS The Rt. Hon. Lord Neuberger of Abbotsbury David Edmond Neuberger, Baron Neuberger of Abbotsbury is an English judge. He was appointed a High Court Judge, sitting in the Chancery Division, in 1996, where he tried a number of cases involving financial and commercial contractual disputes, revenue law, company law, insolvency law, IP law, professional negligence and property law. In 2004, he was made a Lord Justice of Appeal, and appointed Judge in charge of IT and modernisation. In 2007 he was promoted to be a Law Lord and became a peer. He was a Lord of Appeal in Ordinary until the House of Lords’ judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Lord Neuberger became the President of the United Kingdom Supreme Court, a position from which he retired in 2017. Since 2010, Lord Neuberger has been a Non-Permanent Judge of the Hong Kong Court of Final Appeal.
9:30	The International Impact of Unexplained Wealth Orders Keith Oliver Head of International Peters & Peters (UK) Justice Kevin Zervos SC Judge of the High Court of Hong Kong Wendy Lin Partner WongPartnership (Singapore) Investigations, disclosure and obtaining civil orders Supporting “interim freezing orders” against suspicious assets Challenges with enforceability and civil asset recovery Extraterritorial potential Challenging UWOs Will other countries follow suit?
10:30	Refreshments and Networking Break Sponsored by
11:00	Fraud, Asset Tracing and Recovery in the Mainland China: A Lesson from the Typical Clause on Non-Exclusive Jurisdictions in Hong Kong Nanping Liu Partner Liu & Wang, Attorneys at Law (P.R.C.) A real case study on: How this typical case does not work very well on the mainland What efforts have been made by the judiciaries to solve the problems involved Whether or not there are still some loopholes in law and in practice within the framework of “One Country, Two Systems.”
11:30	Shareholder Litigation arising out of the Asia-Pacific Region: Recent Case Studies from the Region Rishwant Singh Partner Cecil Abraham & Partners (Malaysia) Andi Y. Kadir Partner Hadiputranto, Hadinoto & Partners (Indonesia) Stakeholders in shareholders litigation Minority shareholders rights Recent case studies: Indonesian litigants’ tactic
12:25	PRE-LUNCH TALK “R (Miller) v Secretary of State for Exiting the European Union” Case from the Perspective of a Judicial Insider The Rt. Hon. Lord Neuberger of Abbotsbury
12:45	Networking Lunch
1:45	Cross-Border Claims: Pressure Points and Pitfalls Marina Chin Joint Managing Partner Tan Kok Quan Partnership (Singapore) Identifying plaintiffs in multi-jurisdictional corporate structure single economic unit reverse corporate veil piercing Widening web of defendants, causes of action and pre-emptive reliefs Minority commencing derivative action in jurisdiction other than that of incorporation Insolvency claims in jurisdictions other than jurisdiction of insolvency co-operation and communication between courts Parallel proceedings criminal proceedings mutual assistance proceedings Offloading risk Litigation funding: solvent and insolvent scenario
2:45	Insider Fraud and Asset Misappropriation Pei Li Wong Consulting Managing Director BDO New York (USA) Key success factors for an effective investigation Opportunities for fraud – Practitioners’ perspective Fidelity bond claims as an option for loss recovery Remediation and steps to mitigate fraud risks
3:15	Advanced Techniques in Asset Recovery: Your Step-by-Step Asset Recovery Toolkit Warren Gluck Partner Holland & Knight (USA) How are You Going to Identify Defendants, Witnesses and Accomplices? 28 USC 1782. Norwich Pharmacal Arbitral subpoenas. Intermediary bank discovery Data seizure orders. Criminal proceedings Obtaining Grand Jury/serious crime files for civil actions Flip accomplices for information: The power of the release What Do You Do When Assets Have Been Dissipated? Fraudulent conveyance, TUV, preference and conversion actions Piercing the corporate veil and alter ego Liquidation, bankruptcy and receivership Trust busting mechanisms Contempt of court/imprisonment Aiding and abetting litigation against third parties (Directors, auditors and other professionals) How are You Going to Secure the Assets (Pre & Post Judgment)? Mareva injunctions and global attachments Tracing actions and specific res and proceeds seizure Bonds and fortified undertaking How are You Going to Have Court Orders/Proceedings Recognized? Uniform foreign country money judgment recognition International Common law and statutory regimes Chapter 15 and the Model Law on Recognition of crossborder insolvency Recognition of receiverships and administrations International comity. Punitives, taxes, fines and penalties How are You Going to Navigate the Global Financial System? Bank Secrecy – limitations and exceptions The US Dollar Clearing System: The credits and information associated with the world’s US dollar holdings “Money changers” and the shadow system How are You Going to Build and Fund the Recovery Team? Investigators, forensic accountants and receivers/liquidators The cross border legal team Asset recovery finance: opportunity and issues Preparing a case for funding
4:15	Chair’s Closing Remarks
4:30	End of Conference

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