Day 1 - Monday, September 25, 2017

8:00
Registration and Networking Breakfast
9:00
Co-Chairs’ Opening Remarks
9:15
No Longer Business as Usual: (What) a Year in Review
10:15
Networking and Refreshments Sponsored by schellenberg-wittmer-logo
10:45
Latin America Corruption Update
11:45
Too Big to Jail? The Changing Face of Corporate Criminal Liability
12:45
Networking Lunch
2:00
“Tour de Force”: A Cruise around the Offshore Jurisdictions
3:00
New Technology = New Fraud: Stop Playing Catch Up and Start Getting Ahead
3:45
Networking and Refreshments Sponsored by schellenberg-wittmer-logo
4:15
“March Back East”: Shareholder Disputes and Litigation involving Asian, Russian and African Parties
5:15
Do’s and Don’t’s of Fraud Litigation in Latin American Jurisdictions
6:00
Networking Drinks Reception Hosted by BDO-logo

Day 2 - Tuesday, September 26, 2017

8:45
Registration and Networking Breakfast
9:15
Co-Chairs’ Opening Remarks
9:30
The Never Ending Story of “Blade – a Nautical Affair”
10:30
Networking and Refreshments Sponsored by schellenberg-wittmer-logo
11:00
Resolving Collisions between Jurisdictions and Cross-border Insolvency Cooperation
11:45
Reclaiming Proceeds of Tax Fraud: Do’s and Don’ts to Satisfy the Regulators and Recover Offshore Assets
12:30
Chasing Eike Batista – Latin America’s Bernie Madoff
1:00
Networking Lunch
2:00
The Latest Anecdotes and War Stories in Private Client Disputes
3:00
“Funding and Buying of Hard-to-Enforce Judgments and Claims Held By U.S. Bankrupt Estates – A New Method to Maintain Secrecy and Achieve Results” Case Study: In re Sheela Kumar
3:30
Co-Chair’s Closing Remarks
3:45
End of Conference

Day 1 - Monday, September 25, 2017

8:00
Registration and Networking Breakfast
9:00
Co-Chairs’ Opening Remarks

Ed Davis
Founding Shareholder
Sequor Law (USA)

Dan Wise
Head of Litigation
Martin Kenney & Co., Solicitors (BVI)

9:15
No Longer Business as Usual: (What) a Year in Review

Laura N. Perkins
Partner
Hughes Hubbard

Paul Marshall
Partner
Brodies (Scotland)

Saverio Lembo
Partner
Bär & Karrer (Switzerland)

Moderator:

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

Kick off this year’s conference with a frank conversation on how the recent, truly seismic geopolitical developments affect global fraud litigation and asset recovery landscape. Speakers will share their personal predictions and insights for the future, and solicit audience feedback along the way

  • The FCPA expectations under the Trump administration
    • New enforcement and continuation of existing actions
    • The nature and extent of settlements
    • Cooperation with foreign authorities
    • Use of monitorships
    • The whistleblower program
    • Individual prosecutions
    • The FCPA Pilot Program
  • What effect has Brexit had on the activity of UK financial crime regulators?
  • What is the future for deferred prosecution agreements and self-reporting?
  • What does Brexit mean for cross border cooperation among regulators, and lawyers?
  • Effectively responding to the increased level of international collaboration to combat cross-border corruption schemes
  •  The latest updates from Switzerland on:
    •  Enforcement tools and practice of the prosecuting authorities
    •  Self-reporting, co-operation with domestic enforcement agencies
    • Do’s and don’ts in cross borders investigations

10:15
Networking and Refreshments Sponsored by schellenberg-wittmer-logo
10:45
Latin America Corruption Update

Moderator

Ed Davis
Founding Shareholder
Sequor Law (USA)

Guillermo Jorge
Managing Partner
Governance Latam (Argentina)

  • Overview of Developments in Major Corruption Cases in LATAM in the past year
  • Corporate liability (civil or criminal) including new relevant legislation in LATAM
  • The proliferation of leniency agreements and other forms of cooperation with the authorities in exchange of reduced penalties
  • Developments in international cooperation for massive cross-border corruption cases

11:45
Too Big to Jail? The Changing Face of Corporate Criminal Liability

Morderator

Benjamin Borsodi
Managing Partner
Schellenberg Wittmer (Switzerland)

Charles H. Lichtman
Partner
Berger Singerman (USA)

Pedro Serrano Espelta
Partner
Marval, O’Farrell & Mairal (Argentina)

  • How prosecutors make use of investigation to extract sums of money from corporations through settlement
  • The impact of the failure to prevent corporate fraud offence: Are companies well equipped to meet this challenge?
  • The scope for entity liability for criminal offences and more aggressive prosecution for business owners and top management for wrongdoings
  • Criminal liability: penalties for legal entities involved in offenses against the public administration and/or transnational corruption. Implications for the Odebrecht case

12:45
Networking Lunch
2:00
“Tour de Force”: A Cruise around the Offshore Jurisdictions

Moderator

Richard Morgan QC
Barrister
Maitland Chambers (England)

Malcolm S. McNeil
Partner, Co-Chair - International Practice
ARENT FOX LLP (USA)

Dan Wise
Head of Litigation
Martin Kenney & Co., Solicitors (BVI)

Simon Thomas
Partner
Baker & Partners (Jersey)

A multijurisdictional set of top experts will discuss specific tips and traps for chasing fraudsters, tracing assets, and obtaining judgments in a variety of offshore jurisdictions. This interactive panel will share insights and experiences from real life cases they have been involved in

  • Tracing into complex offshore asset holding structures and maximising asset recovery with the procedures available
  • Benefits of combining offshore and onshore dispute resolution strategies
  • What search orders are available for asset searched in the various jurisdictions and how are they obtained
  • Accessing bank account data
  • The latest cases coming before the offshore courts
  • What court applications need to be made and how quickly can you get an injunction
  • Fraud in healthcare and medical services business in US (Californian perspective)

3:00
New Technology = New Fraud: Stop Playing Catch Up and Start Getting Ahead

Moderator

Sophie Eyre
Partner
Bird & Bird (England)

Judge Jennifer Bailey
Administrative Judge
11th Judicial Circuit of Florida (USA

Adam Wright Strayer
Director
BDO (USA)

  • The art of communications vs AI: Should people just talk more?
  • How AI is used by fraudsters? New types of fraud (claims) involving AI
  • How AI can (and can’t) help fraud lawyers?
  • The level of cyber breaches taking place. The level of AI that is being used to combat cyber breaches
  • Computer judgements vs human judgements
  • Completing disclosure using AI: Comments on latest case law
  Limited speaking opportunities available. Please email Anita Arthur A.Arthur@C5-Online.com for details.

3:45
Networking and Refreshments Sponsored by schellenberg-wittmer-logo
4:15
“March Back East”: Shareholder Disputes and Litigation involving Asian, Russian and African Parties

Moderator

Gervase Macgregor
Head of International Advisory
BDO (UK)

Jonathan Addo
Counsel, Litigation & Insolvency
Harneys (BVI)

Paul Key QC
Barrister
Essex Court Chambers (England)

  • Section 238 application process
  • 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)
  • Dealing with fraud tactics related to driving down the company’s share price in anticipation of a going-private transaction
  • Minimising fraud risks with “go private” and reverse merger deals: Focus on the Cayman Islands
  • The latest remedies available for shareholders seeking relief: unfair prejudice
  • Class action lawsuits against Chinese reverse merger companies
  • Shareholder oppression lawsuits and available remedies
  • Interplay between statutory rights and contractual rights of shareholders

5:15
Do’s and Don’t’s of Fraud Litigation in Latin American Jurisdictions

Moderator

Eduardo Bonis
Partner
Navarro Castex (Argentina)

Carla Arellano
Counsellor
Ferrere (Uruguay)

Karla Lini Maeji
Partner
TozziniFreire (Brazil)

  • The interplay between criminal and civil remedies: The limitations and pitfalls
  • Enforcement issues and building effective relationship with law enforcement bodies
  • Reputational issues
  • Main areas of risk in Uruguay. Connecting risks to corporate structures: using corporate structures to hide illicit activity
  • Is this the end of the Uruguayan off-shore structures? Recent regulatory changes in line with the international requirements of greater transparency
  • Statement of identification of beneficial owners and higher taxes for offshore structures

6:00
Networking Drinks Reception Hosted by BDO-logo

Day 2 - Tuesday, September 26, 2017

8:45
Registration and Networking Breakfast
9:15
Co-Chairs’ Opening Remarks

Keith Oliver
Head of International
Peters and Peters (England)

Robert Hunter
Partner Edmonds
Marshall McMahon (England)

9:30
The Never Ending Story of “Blade – a Nautical Affair”

Moderator

Keith Oliver
Head of International
Peters and Peters (England)

Saverio Mignone
Partner
Studio Legale Farina (Italy)

Damien Degiorgio
Partner
Fenech Farrugia Fiott Legal (Malta)

  • The lust for speed
  • A Turkish odyssey
  • The JV Agreement and its aftermath
  • Ships pass in the night
  • Defamation, arbitration … and London
  • Malta, Monaco and Genova – the aftermath

10:30
Networking and Refreshments Sponsored by schellenberg-wittmer-logo
11:00
Resolving Collisions between Jurisdictions and Cross-border Insolvency Cooperation

David Molton
Partner, Litigation and Arbitration
Brown Rudnick LLP (USA)

Tameka Davis
Counsel
Conyers Dill & Pearman (BVI)

  • Large-scale investment frauds with multiple victims and assets: Challenges with bringing claims simultaneously in more than one jurisdiction
  • Extraterritorial reach
  • Common framework to resolve disparities in insolvency law and facilitate cooperation between the courts; between the courts and insolvency representatives; between insolvency representatives and any other parties
  Limited speaking opportunities available. Please email Anita Arthur A.Arthur@C5-Online.com for details.

11:45
Reclaiming Proceeds of Tax Fraud: Do’s and Don’ts to Satisfy the Regulators and Recover Offshore Assets

Kaley Crossthwaite
Partner
BDO (UK)

  • Latest legal challenges and regulatory impediments which complicate the recovery of offshore assets in international tax avoidance and evasion fraud cases: Recent high-profile cases and developments
  • “Failure to prevent corporate offence’ in the UK: What’s on the horizon and who is in scope
  • The latest on the liability of service providers
  • Tracing and recovering proceeds of tax fraud and money laundering
  • Challenges with structuring tax efficient trusts amidst increased focus on tax investigations

12:30
Chasing Eike Batista – Latin America’s Bernie Madoff

Hendrik Milne
Partner
Aballi Milne Kalil (USA)

  • Pick Your Turf – Don’t Follow into The Briar Patch
  • Full and Frank – Front-Load for Bear
  • Strategic Nuclear Warfare – Freezers, Gag Orders and Disclosure/Discovery
  • “Don’t Ask, Don’t Get,” Part I – First Worldwide Treble Damages Freezing Order
  • “Don’t Ask, Don’t Get,” Part II – First Florida Treble Damages Freezing Order
  • The Payoff for Front-Loading

1:00
Networking Lunch
2:00
The Latest Anecdotes and War Stories in Private Client Disputes

Speakers Include

Robert Hunter
Partner Edmonds
Marshall McMahon (England)

Edmund King
Barrister
Essex Court Chambers (England)

Neal H. Levin
Attorney at Law
Freeborn & Peters LLP (USA)

Dealing with fraud cases 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)
  • Attacking and defending complex offshore and domestic trust structures

3:00
“Funding and Buying of Hard-to-Enforce Judgments and Claims Held By U.S. Bankrupt Estates – A New Method to Maintain Secrecy and Achieve Results” Case Study: In re Sheela Kumar

Warren Gluck
Partner
Holland & Knight LLP (USA)

Discussion Topic

Creditor approval and notice is requisite in respect of all sales of bankruptcy assets pursuant to 11 U.S.C. 363. However, such advance notice and approval creates a disincentive for prospective buyers of judgments held by bankruptcy estates because the process of approval will alert the judgment debtor that an enforcement strategy is being prepared.

The presenter devised a novel method whereby a judgment held by an estate being administered in the Bankruptcy Court for the Southern District of Florida was assigned to a funder/buyer, pursuant to a gagged and sealed order, subject to the condition subsequent of 11 U.S.C. 363 notice and Court approval. This allowed for the requisite steps to be taken on a global basis to enforce the judgment before the judgment debtor was alerted and could take countermeasures.

Thereafter, the buyer implemented a multi-jurisdictional enforcement and “checkmate” strategy that resulted in multi-million-dollar seizures and the issuance of a “global TRO” in respect of the judgment debtor’s intangible property.

Judge Robert Mark, who presided over the estate both approved the new method arranged for the presenter to discuss the approach at a recent bankruptcy symposium to promote its use. The strategy has the potential unlock substantial and significant value for both debtors and potential funders/buyers, and in the Kumar case, resulted in a judgment thought to have little or no value being responsible for making the previously insolvent estate near-solvent.

3:30
Co-Chair’s Closing Remarks
3:45
End of Conference

Amphibious Tour and One Drink

What is it about?

HAVE FUN WITH US ON SUNDAY

Mingle with newcomers and reconnect with old friends whilst experiencing the best of South Beach on a unique 90-min AMPHIBIOUS TOUR. This is sure to be the highlight of your C5 conference experience in Miami!

But don’t miss the boat! Boarding time is 1pm.

Tour Highlights:

South Beach / Historic Art Deco District / Ocean Drive / Biscayne Bay / Star, Hibiscus & Palm Island / Millionaire’s Row / Homes of the Rich & Famous / and much more… We promise you a highly entertaining experience, complete with fascinating & historic sights, trivia, music & plenty of fun facts. Places are separately ticketed, limited and open to C5 conference attendees and their guests.