The Cross-Over Between Civil and Criminal Matters: Recovering Assets in Fraud Investigations Where Criminal Enforcement Authorities Are Involved

March 13, 2025 11:15am

Benjamin Borsodi
Partner
Schellenberg Wittmer Ltd (Switzerland)

Evelyn Sheehan
Partner
Kobre & Kim (USA)

Charles Bott KC
Head of Advocacy
MKS Law (UK)

Rebecca Dix
Barrister
5 Paper Buildings (UK)

Jean-René Oettli
Partner
Borel & Barbey (Switzerland)

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