Fraud, Asset Tracing & Recovery Geneva

Enjoy some breakfast, 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 issue. We will then hear from each of the Roundtable speakers as they provide us with a recap of the talking points and takeaways from each session

Cross border insolvency laws present a complex landscape within which fraud practitioners must navigate, with an eye towards foreign substantive law and an array of other foreign insolvency and fraud-related proceedings.

In this session, leading experts will provide us with updates on cross-border insolvency and restructuring laws in different global jurisdictions, including discussions on:

• Large-scale frauds with multiple victims and assets: Initiating and following insolvency claims simultaneously in more than one jurisdiction
• Navigating through global cross-border insolvency and restructuring laws
• Comprehensive strategies on debtor-side assignments and practical tips for handling complex and sophisticated creditor rights matters
• Initiating recovery efforts from corporate misconducts and sophisticated creditor rights matters
• How to utilize insolvency and restructuring as mechanisms for exposing fraud; as well as detecting and recovering assets

A fraudster is the hare. An asset recovery team is the tortoise. The tortoise is slow and lumbering – and cannot catch the hare absent the use of utmost secrecy of its movements.

However, open justice and the rights of freedom of expression and to due process are core principles in a free and democratic society. Derogations can only be justified in exceptional circumstances. When can a Court cloak a disclosure order in ancillary secrecy orders? How is this question answered by the courts?

This panel will explore this important subject by discussing;

• Ex Parte Super Injunctions
• Sealing and Gagging Relief
• Anonymization Orders
• Temporary Suspension of the Adversarial Process

The panel will consider the availability of these pre-emptive remedies under English, BVI, U.S. and Brazilian law.

Fraud is an increasingly common global delinquency, and it is therefore critical to have a procedure in place for the confiscation of assets as a way to restore criminal and civil justice. In addition, practitioners must collaborate with the necessary government or local law enforcement officials to exercise due diligence in enabling effective value-based and conviction-based asset forfeiture.

Join us in this informative and interactive discussion, as our panel of experts discuss the:

• Type of authorities in several jurisdictions that are entitled to confiscate (criminal, regulatory, other)
• Scope of confiscation in bribery and money laundering cases
• Limitations when the corporation has generated profits through legitimate business activities; versus profit that is generated from corruption
• Methods that are used to determine the magnitude of the confiscation (based on profits generated, costs to be accounted for, etc.).
• Procedures for the sharing of confiscation proceeds between jurisdictions
• Different types of resolution in these matters; and considerations for determining if there is still a place for trials in confiscation matters

Given the often highly emotional side of Fraud and Asset Recovery disputes, parties – and their attorneys – frequently try to get rid of opposing counsel by commencing civil, criminal, and even disciplinary disputes against them.

Be sure to join us in this highly interactive session, as our panelists share stories about highly contentious matters they have experienced. We will then open up the discussion for audience members to share their thoughts and experiences, including discussions on:

• Is such behavior appropriate – particularly under a variety of differing bar rules in other jurisdictions?
• How to react if such proceedings are/may be initiated against you

Some of the trends and developments in relation to fraud and asset tracing over the past year have been unanticipated and challenging, and one of the important developments is that there has been a sizeable change in the form, value and sheer volume of fraud cases heard in many global courts.

Due to the different methods that fraudsters are utilizing to perpetrate their schemes, it is critical for practitioners to update their toolkits to recover for clients. Join us in this session as our panelists discuss:

• The advantages and drawbacks of entities being able to register digital assets in non-traditional asset havens
• Continuing challenges in locating assets hidden in multiple jurisdictions
• Strategies for pursuing assets housed within holding companies and subsidiaries
• The continuing influence and attempts at fraudulent executive appointments
• Newer resources and fraud prevention mechanisms that prosecutors have at their disposal when trying to enforce judgments and recover assets
• What can and cannot be done in global fraud hotspots

Corruption has enveloped world football and, more specifically, the governing bodies that are supposed to keep things in some sort of order. This has been an ongoing issue for decades, but the frequency and severity of the fraud conducted by the governing bodies has become staggering.

Our panel of experts representing Sportradar and UEFA will address their biggest challenges; along with what has gone wrong over the years.

Most high-value fraud victims are concerned about how they can recover from the significant financial losses that they have suffered, and there is often a huge gap between orders of restitution and recovery of the actual amount lost or hidden. In many of these cases, there are significant barriers in the way of being compensated – including insolvency, jurisdictional hurdles, evidential challenges, and difficulty in tracing assets.

Moreover, when a high-value fraud involves a number of 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, 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 freezing 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 in Civil and Common Law jurisdictions

The use of court appointed or equitable receivers in fraud cases has evolved considerably in recent times. It is proving to be a particularly versatile and flexible tool and appointments are becoming more common to combat international fraud. Be sure to join us in this session as our panelists discuss what they see happening in their jurisdictions and beyond, the issues that commonly arise, and practical tips and steps that can be taken to make such orders effective and to advise clients impacted by them. We will discuss:

• Enforcement receivers v “litigation receivers” and the increasing use of the latter;
• Receivers in support of freezing orders and worldwide freezing orders;
• Receivers as an investigative tool, when are they used, what can they do and what are the limits?;
• Innovative use of receivers in fintech disputes and other jurisdictions

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. 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 unique and interactive session, as our speakers will provide an international perspective on the biggest challenges they experience in fraud and asset recovery matters, including an examination of the different approaches taken to disclosure & discovery in Civil and Common Law jurisdictions.

After the panel shares their perspectives on strategies that they have utilized in their jurisdictions, they will field questions from the audience on the possibilities of successfully pursuing fraud claims in jurisdictions with differing evidentiary and recovery challenges. Bring your questions and comments as we roll the mic through the audience.