2023 Agenda
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Pre-Conference Workshop
Welcome Back Drinks Reception
Mar 15, 2023 5:30pm – 7:00PM
Day 1 - Thursday, March 16, 2023
Day 2 - Friday, March 17, 2023
| 8:15 |
Breakfast and Networking Lounge |
| 8:55 |
Conference Co-Chairs’ Opening Remarks |
| 9:00 |
Property or Not: Should NFTs Be Recognized as Protectable Digital Assets? |
| 10:00 |
Multi-Jurisdictional Fraud, Asset Tracing and Recovery Trends: Priorities and Cross-Agency Coordination for Identifying Hidden or Undervalued Assets |
| 11:00 |
Crypto Practitioners Networking Lounge |
| 11:30 |
A Practical Guide to Obtaining Compensation for Victims of Fraud: The Realities of Restitution for Fraud Victims |
| 12:15 |
Old Tools and New Tricks: The Current Landscape in Civil and Criminal Interaction |
| 1:15 |
Networking Luncheon |
| 2:15 |
Methodologies and Trends in Cross-Border, White-Collar Crime and Compliance |
| 3:00 |
Interactive DiscussionAs the World of Fraud Turns: A Global Recap of the Most Pressing Challenges in Fraud and Asset Recovery |
| 4:00 |
End of Conference | Thank you! |
Day 1 - Thursday, March 16, 2023
| 8:00 |
Registration and Networking |
| 9:00 |
Co-Chairs Opening Remarks Jane Colston  Saverio Lembo |
| 9:15 |
Special KeynoteCriminal Prosecution in Switzerland: State of Play and Focus on Asset Recovery Olivier Jornot |
| 9:45 |
New Developments on Tracing and Recovering Cryptocurrencies and Other Digital Assets: Hidden Lessons for Detecting, Identifying, Monitoring and Recovering These Assets Sophie Eyre  Warren Gluck  Dani Haston  Dan Wyatt  Sheila Ng The area of digital assets and smart contracts is fascinating and very new. Unfortunately for many fraud and asset recovery practitioners, they are not well understood and create a variety of issues and challenges. As such, if is critical for litigators to remove the “technological blinders” that create these comprehension challenges in order to integrate digital assets into their practice. Join us in this session as our panel of “techies” defines what these digital assets and new technologies are, and describes the latest developments and best practices for tracing and recovering them. Key questions and discussion points for this session include:
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| 10:45 |
Understanding the FTX Scandal: The Inside Track on What Went Wrong Grant Carroll  Barry Robinson |
| 11:15 |
Extended Networking BreakTake a break to visit sponsors and engage with fellow delegates over drinks and refreshments. NEW! Visit the International Networking Lounge: Middle East Join this smaller-group meet-up to compare notes on the realities of Fraud and Asset Recovery in the Middle East Region. (Located next to in close proximity to main registration and sponsor booth) |
| 12:00 |
What it Takes … Making or Breaking an Asset Recovery Case: Multi-Jurisdictional Lessons Jonathan Addo  Sandrine Giroud  Emmanuel Kaspereit  Bettina Knoetzl  Prashan Patel In an asset recovery case, it’s very important to identify the right tools to use; and gather all the pertinent information which more often than not lies outside the jurisdiction of the fraudster and the victim. It is critical to identify and implement the most effective tools and skills that are used to gather information in asset recovery cases. The ability to identify and retrieve information from a wide array of sources which may be spread across numerous jurisdictions – and in different languages – is critical. Join us in this session as we discuss anticipated and unanticipated developments in the fraud landscape, and review strategies for evolving fraud schemes that can span several jurisdictions. Key topics for discussion:
|
| 1:00 |
Networking Lunch
Join current and future leaders to celebrate the achievements of dispute resolution lawyers, asset recovery practitioners, and industry experts in cozy and informal surroundings. |
| 2:15 |
The Impact of Whistleblower Claims on Cross-Border Investigations: Identifying Fraud and Criminal Misconduct Nicole Creola Kelly  Keith Oliver  Sandra Hanna Saverio Lembo |
| 3:00 |
Bank and Financial Institution Liability for Failing to Spot or Prevent Fraud: When Can a Financial Institution Be Found Liable in Negligence for Failing to Prevent Fraud from a Customer or Shareholder Ed Davis  Yves Klein  William Redgrave  Andrew Tuson  Edmund Nourse KC Many fraudulent schemes involve the use of banking facilities because – the emergence of blockchain cryptocurrencies aside – most money transfers and trading still have to be done through banks. Banks and their employees are, therefore, in a position that may enable them to spot and block or report suspected fraud. But what about civil liability for failing to spot potentially fraudulent behavior? For banks there is the particular problem of the civil liability imposed on them for failing to spot fraud negligently (as opposed to deliberately). Does a bank or other financial institution owe a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries? Join us in this session as we discuss some of the scenarios in which a financial institution can be liable for client fraud; and the barriers to recovery. |
| 4:00 |
Networking Break |
| 4:30 |
Insights from a Whistleblower Mary Inman  Adam Rosendorff There are several key components and reasons why whistleblowing has increased dramatically and is ultimately successful in rooting out fraud. In this engaging chat, we will hear unique insights from a whistleblower, and review some of the key trends, reporting mechanisms, protections and other important issues that impact internal and external whistleblowing. |
| 5:00 |
Wine and Theatre in the RoundInteractive & Theatrically Immersive Case Study: Ultra-High Net Worth Dissolution Proceedings Polyvios Panayides  Jennifer Fox  Héctor Sbert  David Mizrachi  Mark Chesher When contemplating or anticipating a divorce filing, it is not uncommon for a wealthy party to relocate and hide assets from their spouses, and these individuals conceal property and wealth in offshore holdings, trusts, complex corporate structures, and digital currency. To effectively identify and value assets that have not been disclosed – or are grossly undervalued – in divorce proceedings, it is important to utilize the latest investigative tools to identify the hidden assets; and freeze them when needed. Grab a Glass of Champagne and join us in this uniquely interactive session as we set up “law firms” on each side of the room – representing EU/Switzerland; USA/UK; and Caribbean/Offshore jurisdictions. Our narrator will set the scene with a fact pattern that includes some of the assets that are being hidden in several “asset havens” around the globe. Our “case” will be full of twists and turns, as our international law firms seek to protect the interests of their high net-worth clients. Some of the challenges, tools and assets that will be discussed include:
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| 6:00 |
Networking Drinks Reception |
Day 2 - Friday, March 17, 2023
| 8:15 |
Breakfast and Networking Lounge |
| 8:55 |
Conference Co-Chairs’ Opening RemarksKeith Oliver  Mona Vaswani |
| 9:00 |
Property or Not: Should NFTs Be Recognized as Protectable Digital Assets? Abraham Vergis  Racheal Muldoon  Christopher Noel  Marc Jones |
| 10:00 |
Multi-Jurisdictional Fraud, Asset Tracing and Recovery Trends: Priorities and Cross-Agency Coordination for Identifying Hidden or Undervalued AssetsJane Colston  Adam Fee  Joseph Rillotta  Daniel J. Zappelli  Dmytro Marchukov |
| 11:00 |
Crypto Practitioners Networking Lounge |
| 11:30 |
A Practical Guide to Obtaining Compensation for Victims of Fraud: The Realities of Restitution for Fraud Victims Axel Benjamin Herzberg  Eleanor Campbell  Donald Manasse  Aimée Prieto  Grzegorz Woźniak Most fraud victims are very concerned about how they can recover from the financial losses that they have suffered as a result of the fraudulent activity, and there is often a huge gap between orders of restitution and actual recovery. In many fraud cases, restitution may be ordered where victims of the fraud have suffered the loss of money or other tangible assets, but there are significant barriers in the way of being compensated – including insolvency, jurisdictional hurdles, evidential challenges, and difficulty in tracing assets. Join us in this session as we uncover methods for overcoming barriers to recovery. |
| 12:15 |
Old Tools and New Tricks: The Current Landscape in Civil and Criminal InteractionMona Vaswani  Kate McMahon  Benjamin Borsodi  Sara Sheffield |
| 1:15 |
Networking Luncheon |
| 2:15 |
Methodologies and Trends in Cross-Border, White-Collar Crime and Compliance Rebecca Dix  Markus Brinkmann  Roberta Guaineri  Mohammed Al Dahbashi  Steve Young |
| 3:00 |
Interactive DiscussionAs the World of Fraud Turns: A Global Recap of the Most Pressing Challenges in Fraud and Asset Recovery Joanna Bogdańska  Joanelle O’Cleirigh  Costas Stamatiou  Nicola Boulton  Ilias Anagnostopoulos As the World of Fraud Turns: A Global Recap of the Most Pressing Challenges in Fraud and Asset Recovery After the panel shares their perspectives on challenges that they have experienced in their jurisdictions, they will field questions from the audience and encourage friendly debate on the possibilities of successfully pursuing fraud claims in jurisdictions with differing disclosure obligations. Bring your questions and comments as we roll the mic through the audience |
| 4:00 |
End of Conference | Thank you! |