Day 1 - Sunday, October 25, 2015

6:30
Conference Registration and Welcome Drinks
7:30
Dinner for all Conference Delegates and Speakers

Day 2 - Monday, October 26, 2015

8:00
Registration and Welcome Breakfast
9:00
Co-Chairs’ Opening Remarks
9:10
Where two Worlds Collide: Tracing the Proceeds of Fraud between Caribbean and Far Eastern Jurisdictions
10:10
Morning Refreshments
10:30
A Day in the Life of a Receiver Appointed in a Fraud Case
11:30
A Comparative View of Corporate Criminal Liability
12:30
Networking Lunch
1:45
Investigative Nightmares and their Solutions
2:45
Mediating Fraud Disputes: A Round Peg for a Square Hole?
3:15
Afternoon Refreshments
3:30
Leadership and Management of People in Asset Recovery
4:30
Lifting the Lid on the Petrobras Fraud
5:30
Co-Chair’s Closing Remarks and Conference Adjourns
5:45
Networking Drinks Reception

Day 3 - Tuesday, October 27, 2015

8:30
Coffee
9:00
Co-Chairs’ Opening Remarks
9:10
Keynote Address
9:40
Managing Ethical Considerations in Fraud Litigation
10:40
Morning Refreshments
11:00
Does a Final Judgment Mean Anything Anymore?
12:00
A Multi-Jurisdictional Roundup of Critical Developments in Fraud Litigation
12:50
Networking Lunch
2:00
Arbitrating Fraud Cases: A Fraud Practitioner’s Perspective
3:00
A Comparative View of Private Prosecutions in the US and UK
3:45
Fraud and Asset Recovery in Latin American and Caribbean Jurisdictions
4:30
Co-Chair’s Closing Remarks and End of Conference

Day 1 - Sunday, October 25, 2015

6:30
Conference Registration and Welcome Drinks

Co-Hosted by:

7:30
Dinner for all Conference Delegates and Speakers

Hosted by:

Day 2 - Monday, October 26, 2015

8:00
Registration and Welcome Breakfast

Hosted by:

9:00
Co-Chairs’ Opening Remarks

Martin Kenney
Founding Partner
Martin Kenney & Co., Solicitors

Edward Davis
Founding Shareholder
Astigarraga Davis (USA)

9:10
Where two Worlds Collide: Tracing the Proceeds of Fraud between Caribbean and Far Eastern Jurisdictions

Declan Magennis
Senior Manager
BDO (Cayman Islands)

David Walker
Partner
PwC (Cayman Islands)

Judy Deng
Partner
Jade & Fountain PRC Lawyers (China)

Ben Mays
Partner
Carey Olsen (BVI)

  • Investigations in the Caribbean – Tracing and recovering assets in the Caribbean arising from fraud and corruption cases in Asia
    • Dealing with distressed Chinese companies in the BVI and Cayman Islands
    • Enforcement outside of China
  • Investigations in Asia relating to frauds involving Caribbean holding companies
    • Investigations in China by Liquidators of Caribbean holding companies
    • Collaborating with experienced professionals in Asia to form a multi-disciplinary team
    • How to trace assets located in China and how the process differs from other jurisdictions
    • Recognition in Chinese Courts for the first time that a legal representative appointed by liquidators of a foreign holding company should be accepted in China

10:10
Morning Refreshments
10:30
A Day in the Life of a Receiver Appointed in a Fraud Case

Moderator:

Neal Levin
Partner
Freeborn & Peters LLP (USA)

Panellists:

Ira Bodenstein
Member
Shaw Fishman Glantz & Towbin LLC (USA)

Gregory Hays
Founder and Managing Principal
Hays Financial Consulting (USA)

Michael Leeds
Director
Grant Thornton (UK)

Ronald Peterson
Partner
Jenner & Block (USA)

Douglas A. Kelley
Partner
Kelley, Wolter & Scott, P.A (USA)

This session will examine the key considerations in the week prior and subsequent to a receiver being appointed to secure assets in a fraud case. The panel will explore a range of issues including:

  • Why appoint a Receiver?
  • The first call: understanding the appointment
  • Initial tasks and mobilizing the team
  • Breadth of Receiver’s powers
  • The Order
  • Receiver’s Motions
  • Qualified immunity for Receivers
  • Receiver’s Fees

11:30
A Comparative View of Corporate Criminal Liability

Benjamin Borsodi
Managing Partner
Schellenberg Wittmer (Switzerland)

  • Which model of corporate liability for fraud is most effective?
    • The UK Model
    • The US Model
    • The Civil Law Model
  • How does the model of corporate liability affect how fraud is investigated
    • By law enforcement authorities
    • Internally by corporations
  • Too big to jail?
  • Cap to financial sanctions or the death penalty for the corporation?
  • Recent trends and major cases in corporate criminal liability

12:30
Networking Lunch
1:45
Investigative Nightmares and their Solutions

Moderator:

Stephen Moverley Smith QC
XXIV Old Buildings (UK)

Panellists:

Glenn Pomerantz
Consulting Partner, Global Forensics Practice
BDO LLP (USA)

Sophie Eyre
Partner
Bird & Bird LLP (UK)

Munaf Mohamed
Partner, Co-Head of Fraud Law Calgary
Bennett Jones LLP (Canada)

  • Obtaining relevant documents and pre-action information to build a case – impediments
  • Attorney interaction with Forensic Accountants
  • Cross-border investigative complications: admissibility of evidence, privacy issues
  • Forensic analysis of corporate records – uncovering hidden fraud

2:45
Mediating Fraud Disputes: A Round Peg for a Square Hole?

Robert Hunter
Partner
Edmonds Marshall McMahon

  • Ethical issues in fraud mediations
  • Authority to represent: a persistent problem
  • Negotiating tactics with dishonest parties in mediations
  • Avoiding “face” issues in emotive mediations

3:15
Afternoon Refreshments
3:30
Leadership and Management of People in Asset Recovery

Moderator:

Martin Kenney
Founding Partner
Martin Kenney & Co., Solicitors

Panellists:

Dr Alexander Stein
Founder
Dolus Counter-Fraud Advisors LLC | Principal, The Boswell Group LLC (USA)

DC Page
Senior Vice President
Andrews International (USA)

Alex D. Moglia
President
Moglia Advisors (USA)

Successful asset recovery investigations and litigations often require multi-jurisdictional teams of investigative professionals and lawyers working together in tandem. This session will highlight the issues that arise when coordinating such cases from the perspective of leadership and management of a diverse team of people spanning multiple boundaries, cultures and disciplines

  • How different teams from diverse cultures and jurisdictions can work more effectively as one team
  • Does a senior Asset Recovery lawyer need a certain personality to be successful?
  • How we lead and make decisions
  • What holds a team together? And what pulls it apart?

4:30
Lifting the Lid on the Petrobras Fraud

Moderator

Mark Beardsworth
Partner
Brown Rudnick LLP (UK)

Panellists

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

Elizabeth Robertson
Partner
K&L Gates (UK)

André Fonseca
Partner
Veirano Advogados (Brazil)

Paulo Freitas Ribeiro
Partner
Paulo Freitas Ribeiro Advogados (Brazil)

  • Impact on the economy in Brazil
  • Efforts being made to prosecute key individuals and recover $2.1 billion of public funds
  • Hurdles for the authorities
  • Quality of the cooperation with Switzerland and UK
  • Risks for the companies implicated
  • National proceedings started locally in Switzerland and in the UK
  • Plea agreements, leniency agreements

5:30
Co-Chair’s Closing Remarks and Conference Adjourns
5:45
Networking Drinks Reception

Hosted by:

Day 3 - Tuesday, October 27, 2015

8:30
Coffee
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
Keynote Address
9:40
Managing Ethical Considerations in Fraud Litigation

Moderator:

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

Panellists:

William L. Richey
Founding Partner
William L. Richey P.A (USA)

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

Elizabeth Prewitt
Partner
Hughes Hubbard (USA)

  • Prosecuting and settling civil fraud cases
  • Privilege and confidentiality – warning bells?
  • Witness preparation – practice and dangers
  • The Judge – friend or foe?

10:40
Morning Refreshments
11:00
Does a Final Judgment Mean Anything Anymore?

Moderator:

Edward Davis
Founding Shareholder
Astigarraga Davis (USA)

Panellists:

Carrie A. Tendler
Partner
Kobre & Kim LLP (USA)

John Silbermann
Trial Attorney, Office of Collections Enforcement Division
U.S Securities and Exchange Commission (USA)

Stephen Baker
Senior Partner
Baker & Partners (Jersey)

Successfully obtaining a judgment from a court is all too often not the end of the contentious process. This session will debate the challenges of post-judgment enforcement in fraud cases.

  • Why winning is only half the battle
  • Why final judgments are not always viewed as the ultimate order of the court
  • How best to gain judicial assistance in enforcing orders
  • How and when to commence summary proceedings against alter egos and nominees of the judgment debtor

12:00
A Multi-Jurisdictional Roundup of Critical Developments in Fraud Litigation

Paul McGrath QC

Essex Court Chambers (UK)

David J Molton
Partner
Brown Rudnick LLP (USA)

  • Freezing Orders and the disclosure of trust information in light of JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev
  • Ponzi Scheme Roundup – updates on Madoff, Petters, Stanford and Rothstein
  • Corporate Attribution – implications of Jetivia SA and another v Bilta (UK) Limited
  • The long (or not so long) arm of avoidance claims: the issue of extraterritorial application
  • What legal developments can we expect in the near future?

12:50
Networking Lunch
2:00
Arbitrating Fraud Cases: A Fraud Practitioner’s Perspective

Peter de Verneuil Smith
Barrister
3 Verulam Buildings (UK)

Daniel Fridman
Partner
White & Case LLP (USA)

Lincoln Caylor
Partner
Bennett Jones LLP (Canada)

  • What are the differences for advocates in pursuing fraud claims in arbitration and court?
  • The extent to which arbitration tribunals are equipped to handle fraud cases
  • Differences in advocacy and in procedure in arbitrations in the UK, US and Canada

3:00
A Comparative View of Private Prosecutions in the US and UK

Kate McMahon
Solicitor/Director
Edmonds Marshall McMahon (UK)

Michael C. Miller
Partner
Steptoe & Johnson LLP

  • How private criminal prosecutions are being utilised in the UK to assist in asset recovery and compensation
  • Does the US legal system permit private criminal prosecutions? How do they work in the UK?
  • What remedies are available to private citizens in the US to recover assets?
  • How does the asset recovery process differ between the UK and US? A comparative analysis
  • How do the two countries differ in terms of obtaining evidence for asset recovery proceedings and private prosecutions?

3:45
Fraud and Asset Recovery in Latin American and Caribbean Jurisdictions

Sandrine Giroud
Counsel
LALIVE (Switzerland)

David Mizrachi
Senior Partner
Mizrachi Davarro & Urriola (Panama)

  • The types of fraud cases occurring in Panama and Haiti
  • Barriers to investigations in these countries and how to overcome them
  • The Swiss Act on the freezing and restitution of illicitly acquired assets of politically exposed persons against the background of the Duvalier Case – asset recovery in the context of a “Failed” State
  • The difference between civil and common law requirements to seek discovery of evidence

4:30
Co-Chair’s Closing Remarks and End of Conference