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Day 1 - Thursday, April 25, 2024

8:30
Registration and Networking
9:00

Early Riser - Interactive Primer

Understanding, Detecting and Recovering Crypto and Digital Assets: Developing an Understanding of What Digital Assets Are, and Common Misconceptions that Can Derail Your Case
10:00
Co-Chairs’ Opening Remarks
10:15
Update from Crypto Natives and Practitioners
11:15
Networking Break
11:45
Crypto Exchange Liability and Duties of Care: What is “Fair and Reasonable” and When Can a Crypto Exchange Be Found Negligent for Failing to Prevent Fraud
12:45
Networking Lunch
1:00
AI Manipulation and Deep Fakes: How Fraudsters are Utilizing Deepfake Technology to Perpetrate Frauds on Individuals and Financial Institutions
2:00
Crypto Disputes and the Standard Suite of Relief for Victims: What it Takes to Recover for Your Client
3:00
Networking Break
3:30
Property or Not: Digital Assets as Protectable Assets?
4:30
Decentralized Autonomous Organizations (DAOs): Overcoming the Challenges to Managing Clients and Preventing Fraud in a Purely Decentralized “Entity”
5:30
Networking Drinks Reception

Day 2 - Friday, April 26, 2024

8:30
Networking Breakfast
9:20
Co-Chairs’ Opening Remarks
9:30
Cryptocurrency Insolvency and Wind-Down: How the High Volatility of Crypto Assets Has Substantially Increased the Risk of Insolvencies and Bankruptcy Wind-Down
10:30
Crypto and Digital Assets as Securities?: An Examination of Whether or Not Digital Assets Should be Subject to Regulation
11:30
Networking Break
12:00
All Hands on Deck – Law v. Persons Unknown: Recovering Assets for Fraud Victims Through the Lens of Different “Crime Fighters”
1:00
Networking Lunch
2:15
A View from the Regulators
3:15
Networking Break
3:45

Interactive Q&A | Champagne Toast

What’s Next?: The Newest Challenges, Tools and Strategies for Overcoming Recurrent Challenges in Digital Asset Tracing & Recovery
4:45
End of Conference | Thank you!

Day 1 - Thursday, April 25, 2024

8:30
Registration and Networking
9:00

Early Riser - Interactive Primer

Understanding, Detecting and Recovering Crypto and Digital Assets: Developing an Understanding of What Digital Assets Are, and Common Misconceptions that Can Derail Your Case

Cara Cameron
Partner
Woods (Canada)

Sarah Murray
Partner
Stevens & Bolton LLP (UK)

In the ever-changing landscape of digital asset fraud, many fraud and asset recovery practitioners face mounting challenges in the areas of cryptocurrency, NFTs, blockchain, smart contracts and other digital assets. The uncertainty in these areas can quicky derail your case if they are not well understood; and can create a variety of issues and challenges.

Join us in this two-part, highly interactive primer session as we:

  1. Define and unpack the complexities of detecting fraud and tracing assets across the chain, such as:
    • Crypto Assets & The Blockchain
    • The Metaverse
    • Decentralized Autonomous Organizations (DAOs)
    • Non-Fungible Tokens (NFTs)
    • Smart Contracts
    • Decentralized Finance Bridges (DeFis)
  2. Examine the latest developments and best practices for tracing and recovering these assets, including:
    • Is Crypto fraud trending towards becoming a “paradise” for fraud and asset recovery practitioners?
    • Are there tools available to prevent Pig Butchering Scams?
    • Are crypto assets treated as traditional assets for the purpose of asset recovery?
    • Do mixers/tumblers stop asset recovery in its tracks?
    • What are the challenges in recovering assets?
    • What are the prospects of FTX’s creditors receiving compensation?

10:00
Co-Chairs’ Opening Remarks

Dani Haston
SVP, Customer Success
Asset Reality

Rachael Muldoon
Barrister
Maitland Chambers (UK)

Dan Wyatt
Partner
Reynolds, Porter Chamberlain LLP (UK)

10:15
Update from Crypto Natives and Practitioners

Join us in this informative session as our panel of crypto experts offer detailed responses to many of the questions you want to know the answers to, such as:

  • What does the future of crypto look like?
  • What lessons have crypto natives taken from the last 12 months?
  • How are they helping rebuild trust in the ecosystem?
  • What challenges do they think the professional services sector should be focused on?
  • What are their thoughts on international recognition of court orders in a decentralized and borderless ecosystem?

11:15
Networking Break
11:45
Crypto Exchange Liability and Duties of Care: What is “Fair and Reasonable” and When Can a Crypto Exchange Be Found Negligent for Failing to Prevent Fraud

Dan Wyatt
Partner
Reynolds, Porter Chamberlain LLP (UK)

Saima Hanif KC
Barrister
3 Veralum Buildings (UK)

Justina Stewart
Barrister
Outer Temple Chambers (UK)

Crypto fraud poses a huge challenge for the Exchanges and their customers, and Exchange employees are usually in a position to spot and block – or report – suspected fraud. In addition, there is the particular problem of the civil liability imposed on them for failing to spot fraud negligently.

Compounding the challenges with determining intent and liability is the fact that there is no all-inclusive body of law that really defines the legal nature of digital asset transactions – and the liabilities that go along with any such rights.

Join us in this session as our panel of experts discuss the liabilities, barriers to recovery, and steps that can be taken to compensate the victims of crypto frauds, such as:

  • Practical difficulties for Exchanges when the duty arises for individuals
  • The civil law approach to Exchange liability
  • The need to balance “fair and reasonable” measures to reduce fraud risk while striving to maintain an effective system
  • The “reasonably competent” standard of care
  • Scenarios in which an Exchange can be liable for fraud; and the barriers to recovery

12:45
Networking Lunch
1:00
AI Manipulation and Deep Fakes: How Fraudsters are Utilizing Deepfake Technology to Perpetrate Frauds on Individuals and Financial Institutions

Rachael Muldoon
Barrister
Maitland Chambers (UK)

Dorothy Siron
Partner
Stephenson Harwood LLP (Hong Kong)

Deepfake technology has created another level of fraud that is popping up in Crypto and Know Your Customer (KYC) scams. Deepfake artificial intelligence tools use machine learning to create convincing audio, images or videos featuring a person’s likeness – which is increasingly being used for scams and hoaxes on individuals and financial institutions.

For many fraud and asset recovery practitioners, the areas of AI and deep fake technology are not well understood and create a variety of issues and challenges. Be sure to join us in this session as we define and unpack the complexities of these technologies; examine the latest developments; and answer the most crucial questions for counsel, consultants, and regulatory agencies to prevent these high-tech scams; such as:

  • Is AI and deep fake fraud trending towards becoming the newest existential threat for fraud and asset recovery practitioners?
  • What steps can be taken for risk management and incident prevention?
  • What can the digital asset and blockchain communities do – if anything – to prevent such scams in the future?
  • What are some of the tools that can be used to counter simulated voices and voice recognition frauds?
  • How can facial recognition technology play a role in reducing fraud and crime?
  • What are the parameters and goals of the EU AI Act; the world’s first comprehensive AI Law?

2:00
Crypto Disputes and the Standard Suite of Relief for Victims: What it Takes to Recover for Your Client

Kyla Curley
Partner
StoneTurn (USA)

There is still a lot of uncertainty regarding the underlying substantive crypto claims relating to fraud, where there arguably remain more questions than answers. However, when it comes to crypto frauds, most transactions will be publicly viewable through the blockchain, and this may actually be of great help to in the context of digital asset-tracing and enforcement. As a result, investigators and litigators will be better prepared to follow transfers of crypto from wallet to wallet; and ultimately into the central exchanges.

It is then that litigators can break out the familiar toolkit of disclosure and freezing orders to secure the misappropriated funds and uncover who may be behind the wrongdoing. Join this session to take a deeper dive into crypto disputes and consider recovery issues such as:

  • The types of substantive claims relating to crypto fraud, the potential pitfalls and strategic considerations
  • How to combat fraudsters that are using blockchain to conceal their activity and evade detection
  • How crypto fraudsters commonly seek to off-board fraudulently obtained crypto or fiat
  • Understanding some of the unique and advanced types of crypto fraud; including: scam ICO’s, pump and dump schemes, exit scams, phishing and advanced ponzi shemes
  • The best strategies for serving freezing orders and injunctions against unknown individuals and organizations

3:00
Networking Break
3:30
Property or Not: Digital Assets as Protectable Assets?

Sophie Eyre
Parnter
Bird & Bird (UK)

Bushra Ahmed
Partner
KBH (United Arab Emirates)

Michael Fealy KC
Barrister
One Essex Court (UK)

Cryptocurrency and digital assets continue to raise the question of how to legally classify them. Are they property, security, actual currency, or some other form of tangible asset? There is no universal consensus on this issue and depending on the jurisdiction and the agreement between the parties, specific classification of these forms of assets might impact the ability to get freezing injunctions or other forms of interim relief.

Several jurisdictions have recently held that various forms of digital assets are a form of legal property, while others are still grappling with the issue of property rights. Join us in this session as our experts share several different perspectives and recent case law decisions in this growing area by discussing:

  • “Person Unknown” injunctions and asset freezing orders
  • Legitimate claims to exclusivity
  • Assessing and verifying ownership and methods for accurately tracing NFT transactions
  • Exclusive possession or control
  • Accompanying rights that owners can assert in court and recognition as collateral
  • Exclusion of ownership claims
  • Possessory interests and intellectual property protections for the underlying asset

4:30
Decentralized Autonomous Organizations (DAOs): Overcoming the Challenges to Managing Clients and Preventing Fraud in a Purely Decentralized “Entity”

Syed Rahman
Partner
Rahman Ravelli Solicitors (UK)

DAOs are known to operate as a community with automated efficiency, transparency and no central authority – based completely on trust and transparency – which in theory minimizes the risk of stolen funds. However, they are also very vulnerable to hackers that have the ability to exploit vulnerabilities and the lack of security when managing crypto and other digital funds.

In this session we will discuss the risks, practical difficulties, legal battles and governance structures associated with DAOs – and best practices for overcoming these challenges when representing DAOs, such as:

  • Difficulties in managing clients that can number in the hundreds
  • The lack of a well-developed and efficient infrastructure to manage reporting, treasury management, governance, payroll, and communication
  • Managing the various types of assets often associated with DAOs
  • Navigating smart contracts and security issues that can lead to fragmenting and splits of DAOs

5:30
Networking Drinks Reception

Day 2 - Friday, April 26, 2024

8:30
Networking Breakfast
9:20
Co-Chairs’ Opening Remarks

Dani Haston
SVP, Customer Success
Asset Reality

Rachael Muldoon
Barrister
Maitland Chambers (UK)

Dan Wyatt
Partner
Reynolds, Porter Chamberlain LLP (UK)

9:30
Cryptocurrency Insolvency and Wind-Down: How the High Volatility of Crypto Assets Has Substantially Increased the Risk of Insolvencies and Bankruptcy Wind-Down

Nicosia Lawson
Senior Associate
Baker & Partners Limited (Cayman Islands)

Recent years have seen numerous cryptocurrency exchange bankruptcies, and these insolvency events have led to extensive interrogation and criticism of the inner workings of exchanges. The rapid growth of Exchanges and other digital asset companies that did not practice proof of reserves, lack of self-custody, and the high volatility of crypto assets have substantially increased the risk of insolvencies in the industry.

Be sure to join us in this session as a panel of global experts will explore how exchange customers can potentially identify and recover their crypto assets deposited with exchanges when they subsequently become subject to liquidation, wind-downs, or other insolvency processes.

10:30
Crypto and Digital Assets as Securities?: An Examination of Whether or Not Digital Assets Should be Subject to Regulation

Dina White
General Counsel
Zodia Markets (UK)

Warren Gluck
Partner
Holland & Knight LLP (USA)

The rapid expansion of digital assets has seen abundant debate about whether they should be classified as currencies or securities – which would subject them to regulations. Crypto Exchanges and other digital token providers have been adamant that most digital assets operating on blockchain do not fit the definition of securities, while some regulatory agencies have determined that some specific assets are securities that are subject to registration and disclosure.

In this session our panel will discuss the factors to be examined and questions to be answered when determining if digital and crypto transactions qualify as “investment contracts” that are subject to regulation, such as:

  • Are Crypto Exchanges “common enterprises”?
  • Is there an investment of “money”?
  • Do investors have a reasonable expectation of profit?
  • Are any such profits derived from the “efforts of others”?
  • Do developers and Exchanges have the burden or proving they are NOT securities?

11:30
Networking Break
12:00
All Hands on Deck – Law v. Persons Unknown: Recovering Assets for Fraud Victims Through the Lens of Different “Crime Fighters”

We are all too familiar with countless examples of fraud victims losing all their funds and retirement savings through crypto and digital asset scams. In most instances, it is extremely challenging for practitioners, investigators and law enforcement to track and recover these assets; but the chances for recovery increase dramatically when these crime fighters come together. Be sure to join us in this session as we hear about a success story – with a step-by-step cooperative approach to recovery.

1:00
Networking Lunch
2:15
A View from the Regulators

James Curt Bohling
Acting Principal Deputy Chief, Money Laundering and Asset Recovery Section, Criminal Division
U.S. Department of Justice (USA)

3:15
Networking Break
3:45

Interactive Q&A | Champagne Toast

What’s Next?: The Newest Challenges, Tools and Strategies for Overcoming Recurrent Challenges in Digital Asset Tracing & Recovery

Dani Haston
SVP, Customer Success
Asset Reality

The growth of cryptocurrency and other forms of digital assets has resulted in a dramatic increase in financial transfers, allowing for instantaneous cross-border transactions. This has resulted in epidemic proportions of crypto fraud, which has ensnared thousands of vulnerable victims – both digital asset novices and seasoned professionals.

Grab a glass of champagne and bring your questions to this interactive Q&A session, as our panel of experts discuss ongoing challenges in digital asset recovery, and unique tools and strategies to assist in tracing and recovery, such as:

  • Anonymous Service of Process Through NFTs
  • Bankers Trust Orders for Tracing Stolen Crypto Assets
  • Crypto Investigations and AI
  • Attorney Liability for Structuring Setup
  • Litigation Funding for Crypto Disputes

4:45
End of Conference | Thank you!