Day 1 - Monday, June 5, 2017

8:15
Registration, Refreshments and Networking
9:00
Co-Chair’s Opening Remarks
9:15
Fraud, Corruption and Internal Investigations: A Perfect Triumvirate
10:15
1MDB Scandal: Current State of Play
10:45
Refreshments and Networking
11:15
Non-Traditional Approaches to Investment Loss Recovery: Case Study: In re Credit Default Swaps Antitrust Litigation, S.D.N.Y. 1:13-MD-2476 (DL Cote)
11:45
THE VIEW FROM THE BENCH An Ethical Conversation: Are Whistleblowers Your Friend or Your Enemy?
12:45
Lunch and Networking
1:45
Freezing and Search Orders — An Update
2:45
Issues Arising Where There is an Arbitration Clause with One of the Alleged Fraudsters
3:30
Tools and Strategies for Effective Use of Forensic Technology to Combat Fraud
4:00
Refreshments and Networking
4:20
Recognition & Enforcement of Foreign Court Judgments and Foreign Arbitral Awards in China and Malaysia
5:00
Resolving Shareholder Disputes Involving Chinese and Other Asian Parties
5:30
Key Takeaways from Day 1: Co-Chairs Remarks
5:45
Networking Drinks Reception Sponsored by:

Day 2 - Tuesday, June 6, 2017

9:00
Refreshments and Networking
9:30
Opening Remarks from Co-Chairs
9:35
The Limits of Proper Pressure in Fraud Negotiation in the Far East
10:00
Extradition and Law Enforcement Cooperation
10:45
Refreshments and Networking
11:15
Using Insolvency and Civil Procedures to Preserve Evidence, Trace Assets, and Recover the Proceeds of Fraud
12:00
Observations and New Trends in Risk management and of Anti-Fraud Procedures in the PRC
12:30
Corruption and Fraud: Observations and Current Trends in India
1:00
Lunch and Networking
2:00
Identity Theft, Cyber Crime and Asset Tracing
2:45
Sharing the Latest War Stories in Private Client Disputes
3:45
Co-Chairs Closing Remarks
4:00
Conference ends

Day 1 - Monday, June 5, 2017

8:15
Registration, Refreshments and Networking
9:00
Co-Chair’s Opening Remarks

Johnson Kong
Managing Director & ILP
BDO (Hong Kong)

Robert Hunter
Partner
Edmonds Marshall McMahon (UK)

9:15
Fraud, Corruption and Internal Investigations: A Perfect Triumvirate

Tak-Kyun Hong
Partner
SHIN & KIM (Korea)

Benjamin Borsodi
Managing Partner
Schellenberg Wittmer (Switzerland)

Mark de Carvalho
Senior Manager, Ethics & Business Conduct Office, Asia Pacific Region
Lockheed Martin International (Australia)

Raymond But
Regional Head of Anti-Fraud, Asia Pacific
UBS AG (Hong Kong)

  • After FIFA, Rolls Royce and Odebrecht, is the sky the limit?
  • Regulating the industries or how to brandish the sword of Damocles
  • Current trends in corporate investigations
  • Effectively leveraging digital evidence, social media and cloud data to accelerate fraud and bribery investigations and to freeze and/or seize assets
  • Financial scandals and their aftermath: Exit the dragon?
  • Focus on Korea:
    • Recent fraud case studies from the region
    • What do you need to know about the procedure & practice of fraud investigation among Korean companies
    • Newly enacted Anti-Corruption Law in Korea
  • “Elegant” bribery: mitigating fraud and corruption risks in art

10:15
1MDB Scandal: Current State of Play

Lim Chee Wee
Partner
Skrine (Malaysia)

This session will look at the latest developments related to the global investigations into fraud, embezzlement and money laundering at Malaysia’s state development fund 1MDB in which an alleged £2.6bn was misappropriated. Attendees will learn about the US Department of Justice’s efforts to seize more than £761m in assets from various jurisdictions making it the largest ever recovery effort by the Justice Department’s anti-corruption unit.

10:45
Refreshments and Networking
11:15
Non-Traditional Approaches to Investment Loss Recovery: Case Study: In re Credit Default Swaps Antitrust Litigation, S.D.N.Y. 1:13-MD-2476 (DL Cote)

Bruce W. Leppla
Partner
Lieff Cabraser Heimann & Bernstein (USA)

  • Investment and/or trading losses due fraud or serious corporate misconduct are inevitable.
  • When this happens, best practices include a fiduciary duty to evaluate recovering assets entrusted to our care.
  • Investment loss recovery can sometimes be outsourced on a contingency fee basis for zero cost to the plaintiff.
  • Hurdles to recovery can be daunting – but there can also be a substantial reward for creative legal work.

11:45
THE VIEW FROM THE BENCH An Ethical Conversation: Are Whistleblowers Your Friend or Your Enemy?

Robert Wyld
The Immediate Past Co-Chair
IBA Anti-Corruption Committee
Partner at Johnson Winter & Slattery (Australia)

Justice Kevin Zervos SC
Judge
High Court of Hong Kong (Hong Kong)

Whistleblowers have long been targeted by those who prefer to shot the messenger rather than address a challenging issue. Whistleblowers are victimised, ostracised and discriminated against. Some say companies merely reflect social views against those who “dob in a mate”, seeing them as untrustworthy informers with prosecutors and courts reluctant to support them. It is important to understand the ethical issues arising from those who blow the whistle for businesses to realise that respecting and valuing those who disclose illegal conduct is good for business.

  • How should companies respond?
  • How do regulators value whistleblowers?
  • What can whistleblowers do?
  • Are they adequately protected?

12:45
Lunch and Networking
1:45
Freezing and Search Orders — An Update

Moderator

Robert Hunter
Partner
Edmonds Marshall McMahon (UK)

Speaker

Stephen Baker
Senior Partner
Baker & Partners (Jersey)

Leanne Zheng
Partner
JunHe (P. R. C.)

J. Ross McDonough QC
Senior Partner, Managing Partner Hong Kong
Campbells (Hong Kong)

  • The benign mutation of the freezing injunction — the current state of play:
    • Hollyoaks v Candy [2016] EWHC 970 (Ch)
  • Knowing isn’t freezing and freezing isn’t keeping
  • Third party issues and the Chabra jurisdiction
    • Abela v Baaderani [2016] EWCA 971 (Ch)
  • Some points to think about in practice when you serve

2:45
Issues Arising Where There is an Arbitration Clause with One of the Alleged Fraudsters

Philip Jones QC

Serle Court (UK)

  • Is the arbitration clause enforceable?
  • What if there is an enforceable arbitration clause against only some of the potential defendants?
  • The problems of parallel court and arbitration proceedings
  • Interim remedies to freeze assets and preserve evidence in aid of arbitration proceedings
  • The difference between the seat of the arbitration and the governing law of the arbitration
  • Problems relating to the enforceability of arbitration awards where fraud may have procured the arbitration agreement

3:30
Tools and Strategies for Effective Use of Forensic Technology to Combat Fraud

Gabriel Wong
Principal, Specialist Advisory Services
BDO (Hong Kong)

  • Overcoming challenges with understanding, locating and analyzing the data universe in the face of fraud litigation or fraud investigation
  • Assessing the latest forensic technology solutions helping with proactive monitoring and detection of fraud
  • Practical strategies for overcoming common investigation issues
  • Innovative solutions to address your eDiscovery and data security needs

4:00
Refreshments and Networking
4:20
Recognition & Enforcement of Foreign Court Judgments and Foreign Arbitral Awards in China and Malaysia

Sunil Abraham
Partner
Cecil Abraham & Partners (Malaysia)

Simon Xianyue Bai
Managing Partner
ChenYi Law (P.R.C.)

  • How to enforce an arbitral award in China and Malaysia?
  • Reasons and obstacles for non-enforcement in China and Malaysia:: What issues should a party seeking enforcement need to be aware of?
  • Enforcing court interim orders or arbitral interim orders in China and Malaysia

5:00
Resolving Shareholder Disputes Involving Chinese and Other Asian Parties

Nigel Meeson QC
Partner, Head of the Asia Disputes & Restructuring Group
Conyers Dill & Pearman (Hong Kong)

  • What is driving the increased number of shareholder disputes coming out of China and other Asian jurisdictions?
  • How to obtain recoveries when shareholder agreements are governed by Hong Kong law; contain Hong Kong arbitration clause and set up through offshore structures
  • Advantages of shareholder litigation in BVI (and other offshore jurisdictions)
  • Benefits of combining offshore and onshore dispute resolution strategies
  • The latest remedies available for shareholders seeking relief: unfair prejudice
  • Shareholder oppression lawsuits and available remedies
  • Interplay between statutory rights and contractual rights of shareholders

5:30
Key Takeaways from Day 1: Co-Chairs Remarks
5:45
Networking Drinks Reception Sponsored by:

Day 2 - Tuesday, June 6, 2017

9:00
Refreshments and Networking
9:30
Opening Remarks from Co-Chairs

Jonathan Tickner
Partner
Peters and Peters (UK)

9:35
The Limits of Proper Pressure in Fraud Negotiation in the Far East

Jonathan Tickner
Partner
Peters and Peters (UK)

  • Can you threaten to report people to the authorities to get a civil settlement or is it blackmail?
  • Is “without prejudice” privilege lost when improper threats are made?
  • Confidentiality, privilege and disclosure of communications: fair game for civil fraud claims?
  • Do lawyers need to “walk the line”?
  • What are the balancing duties in litigation in the Far East?

10:00
Extradition and Law Enforcement Cooperation

Park, Eun Jae
Partner, Criminal (Prosecution), Antitrust
Yulchon LLC (Korea)

Ibtissem Lassoued
Partner
Al Tamimi & Company, Dubai International Centre (U.A.E.)

  • Legal framework and current extradition arrangements with European and other countries
  • Formal extradition treaties and informal repatriations
  • Law enforcement activities: Recent developments
  • Extradition requests and issues of human rights
  • Brief introduction re:
    1.    UAE legal system
    2. UAE current relations with Asia
  •   UAE’s Extradition structures and judicial cooperation framework – Strong foundations in the sand?
  • Nowhere to hide in the desert – Successfully navigating the difficulties of extradition:
    1.   Extradition with treaty – Bilateral and multilateral treaties between UAE and the rest of Asia;
    2. Extradition without treaty – Mapping alternative legal remedies;
  • How to be a camel – Preparation, practical issues, and examples to consider when embarking upon mutual judicial cooperation with the UAE

10:45
Refreshments and Networking
11:15
Using Insolvency and Civil Procedures to Preserve Evidence, Trace Assets, and Recover the Proceeds of Fraud

Ian Mann
Partner
Harneys (Hong Kong)

Gary Loh
Director
BDO (Singapore)

  • How a new formalised framework for judicial cooperation and recognition amongst different Asian courts can assist with more effective asset tracing across borders
  • Evidence disclosure: Powers of insolvency administrators, receivers, trustees, liquidators and other key players. How to use insolvency proceedings coupled with disclosure orders
  • Insolvency litigation and litigation support
  • Uncovering the ownership of off-shore companies
  • Exposing fraudulent conduct in bankruptcy proceedings
  • Using insolvency claims to maximise returns to creditors
  • Application of foreign insolvency law
  • Directors’ liability and compulsory filings. Civil and criminal liability for continuing to trade whilst insolvent

12:00
Observations and New Trends in Risk management and of Anti-Fraud Procedures in the PRC

Julie Qu
Associate Director
JLA ASIA (P.R.C.)

  • How to find a balance between appropriate risk management and maintaining operational efficiency
  • Current market approaches and best practices in:
    •  Designing a risk-oriented methodology
    • Internal Control based on policies and standard procedures
    • Preventive or detective
  • Challenges in uncovering and addressing newly emerging fraud risks
  • Managing risks associated with unethical employee and third party behavior
  • Recent experiences and observations

12:30
Corruption and Fraud: Observations and Current Trends in India

Rupinder Malik
Partner
J. Sagar Associates (India)

General overview of the legal framework on corruption and fraud in India Recent legal trends, key investigations and enforcement actions Prioritising compliance and watching out for red flags Challenges faced by businesses in India

1:00
Lunch and Networking
2:00
Identity Theft, Cyber Crime and Asset Tracing

Nicholas McTaggart
Former Detective Superintendent
Australian Federal Police (Australia)

  • The evolution of identity theft in comparison with the evolution of the techniques and technology used to detect and deter it
  • What drives the increasing need to incorporate more sophisticated identity security
  • Why cyber criminals are attacking soft targets around identity (the hack on Yahoo) and not trying to attack the bank accounts directly? How do cyber criminals provide criminal syndicates with complete and partial takeover identities to thwart KYC efforts? What can be done to disrupt this: assessing the activity v the capability of the law to match this trend
  • Tangible and non-tangible assets and what that means when it comes to success in identification, tracking and recovery
  • How to combat various process, business, legislative or jurisdictional ‘arbitrages’ which create vulnerabilities and knowledge gaps, which in turn are exploited by organised crime and speculative fraudsters

2:45
Sharing the Latest War Stories in Private Client Disputes

Moderator

Richard Wilson QC

Serle Court (UK)

Speakers

Thelma Kwan
Barrister-at-Law (Hong Kong)

Joanna Caen
Partner
Herbert Smith Freehills (Hong Kong)

Dealing with fraud arising in the context of trusts and other private client structures often needs a different approach to ‘mainstream’ fraud litigation. This session will consider the issues that arise, drawing on their experience in litigating private client disputes.

  • Identifying fraud by trustees and obtaining the information to prove it
  • Protecting trust assets
  • Litigating as a discretionary beneficiary (including costs protection)
  • The Asian dimension: specific considerations
  • Attacking and defending complex offshore and domestic trust structures with an Asian element
  • Anecdotes and war stories

3:45
Co-Chairs Closing Remarks
4:00
Conference ends