Fraud, Asset Tracing & Recovery Geneva

Settle in and connect with your peers through a series of rotating roundtable discussions. This interactive, ice-breaking session will operate as a series of 25-minute Roundtable discussions — where the speakers and audience can switch tables thereafter for discussion on the other hot button issues. We will then hear from each of the Roundtable speakers as they provide us with a recap of key takeaways

Roundtables:

1. Fraudulent and Negligent Misrepresentation: A Comparative Analysis of the Fallibility of Memory, the Unreliability of Oral Evidence, and the Importance Which Judges Should Place on Contemporaneous Documents
2. Spotlight on Fraud & Asset Recovery in the Middle East and North Africa: A Look at the Most Pressing Issues and Recovery Tactics in These Regions
3. Litigation Funders, Investigators and Asset Recovery Practitioners: Bringing the Fight to the Fraudsters and Recovering for Your Clients

Many schemes perpetrated by fraudsters constitute federal crimes, so international law enforcement agencies are often involved and utilized to aide in recovery. As such, it is important to consider the pros and cons of participating in investigations that will – or are – being conducted by criminal enforcement entities.

Join us in this session as our panelists discuss what can happen to fraudsters and victims when law enforcement is involved. Topics of discussion include:

• AML reporting considerations for parties that have been victims of fraud during litigation or settlement discussions that are aimed at recovering assets from parties responsible for the fraud
• Account freezing and forfeiture orders, restraint orders and other mechanisms under the Proceeds of Crime Act
• Advanced tracing and international tracking mechanisms
• Compensation orders vs. confiscation orders
• Assistance with assessing, organizing, and litigating civil and criminal asset forfeiture actions
• Remission and equitable restoration of assets and forfeited funds to victims

There is still a lot of uncertainty regarding the underlying substantive crypto claims relating to fraud, where there arguably remain more questions than answers. Unfortunately, for many fraud and asset recovery practitioners, they are not well understood and create a variety of issues and challenges.

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 and practitioners taken from the last 12 months?
• How can we combat fraudsters that are using blockchain to conceal their activity and evade detection?
• How do crypto fraudsters commonly seek to off-board fraudulently obtained crypto or fiat?
• Perspectives on international recognition of court orders in a decentralised and borderless ecosystems

Most fraud victims are concerned about how they can recover from the losses they have suffered, and there are often significant challenges when there are: frozen assets; assets subject to arbitration orders and matters with conflicting disclosure orders. These matters are compounded when the assets and orders involve certain EU, Ukranian and Russian jurisdictions.

When a high-value fraud involves a number of these jurisdictions, it becomes a very complex landscape within which fraud practitioners must navigate, and requires focus and consideration of conflicting regimes, class priorities, foreign substantive law, and an array of other foreign insolvency and fraud-related proceedings.

Bring your questions, as our experts address some of the most pressing and difficult challenges that confront fraud and asset recovery practitioners in complex matters that include these jurisdictions, such as:

• Challenges in selecting the right forum(s) and venue(s) to prevent delay, gain momentum and improve chances of asset recovery
• Issues with obtaining and serving orders against unknown individuals and organizations
• What can be done to overcome a lack of cooperation between attorneys and enforcement authorities in the affected jurisdictions
• Handling the different approaches taken to disclosure, discovery and un-freezing assets in Civil and Common Law jurisdictions

Many jump to the conclusion that high profile fraudsters are driven purely by greed. However, more often than not, white-collar criminals neglect to calculate the costs and benefits of their schemes before breaking the law.

We should also consider that fraudsters make decisions the way we all do — on the basis of intuition and gut feelings.

Join us as we hear from a leading expert on their first-hand interviews with some high-profile fraudsters and gain unique insight on:

• Why executives often don’t feel the emotions (angst, guilt, shame) most people would expect
• How acceptable norms in the business community can differ from those of the broader society
• Surprising aspects of white collar criminals’ thought processes and motivations

It is not uncommon for high net-worth individuals to conceal their wealth in complex holdings, trusts, and other methods of hiding those assets. To effectively identify and value assets that have not been disclosed – or are grossly undervalued, it is important to utilize the latest legal, forensic and investigative tools to trace, trap and repatriate those hidden assets.

Some of the challenges, tools and assets that will be discussed in this engaging session include:

• Hurdles to gathering evidence in multiple foreign jurisdictions
• How to obtain and serve freezing orders against
• Forum and Venue: Challenges in selecting and changing the “battlefield” to speed up the cases, gain momentum and improve chances of asset recovery
• How to effectively and ethically utilize forensic accounting and corporate intelligence for high stakes asset recovery investigations
• Creative use of provisional measures, pre-judgment remedies, and insolvency tools