Fraud, Asset Tracing & Recovery

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 audience can switch tables thereafter for discussion on other hot button issues. 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.

The global doping, bribery and fraud scandals that have plagued the sports world have had far-reaching effects on individuals and organizations beyond the sports world. Many organized syndicates are able to generate massive profits and launder their illegal proceeds, often with limited exposure and risk of detection.

Be sure to join us for this timely and intriguing interview as we discuss the future of fraud in sport, and the preventative measures that can be undertaken to minimize or eliminate ongoing corruption in the sports world.

When contemplating or anticipating a divorce filing, it is not uncommon for a wealthy party to conceal 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.

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 utilize Forensic Accounting, Corporate Intelligence and Psychodynamic Services for high stakes asset recovery investigations
• Creative use of insolvency tools

During this lively session, our panel of experts will field questions from the audience and debate the possibilities of successfully pursuing fraud claims in jurisdictions with differing disclosure obligations. Bring your questions and comments as we all chime in!

This session will also explore the evidentiary challenges that parties face in complex civil fraud claims. Our speakers will provide an international perspective on documentary evidence, examining the different approaches taken to disclosure and discovery in Civil and Common Law jurisdictions.

Collectability risk has become a major focus of litigation finance as a result of the increasing number of financial institution collapses. As such, collectability risk is being assessed as rigorously as legal risk, and many anticipate a corresponding growth in demand for asset recovery and enforcement funding.

Join us as we talk through the newest methodologies for assessing collectability in the context of litigation funding, such as:

• Determining who the key stakeholders are by looking at the profile and motivations of the main decision-makers
• When claimants may be competing with other creditors over a limited pool of assets
• Examining which assets the respondent may hold in jurisdictions that may or may not be amenable to enforcement; and to what extent the assets are leveraged
• Finding out the nature and extent of any ongoing commercial operations of the respondent
• Accounting for the proposed enforcement plan if no voluntary payments are made at the conclusion of the litigation or arbitration

As you expand your practice and expertise, it is critical to know the finer points of blockchain, cryptocurrency and digital assets; and deepen familiarity with the complexities of crypto asset tracing.

In addition, global regulatory agencies intend to introduce regulation of crypto assets with the hope that increased regulation will strengthen the rules around financial intermediaries and custodians. On the other side of the coin, however, some crypto fraud practitioners believe that any measures introduced as a “rapid reaction” to crypto-related scandals may do more harm than good.

All of this has generated many strong opinions on the pros and cons of regulation, and what it could mean the future of the fraud and asset recovery practice. Join us for a discussion on this question and more, including:

• Does global and/or standardized regulation of digital assets help or hinder fraud prevention?
• When all else fails, can exchanges be made liable for losses suffered by victims of crypto fraud?
• Will increases in regulation result in more confusion and challenges in asset recovery?
• Some of the unique and advanced types of crypto fraud; including: scam ICOs, 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
• The court’s powers in multiple jurisdictions to recognize and ID crypto asset owners; and how they can trace and transfer ownership
• New approaches for pinpointing fraudsters engaging in unlawful crypto asset activities

The last 12 months have shown us some surprising trends in enforcement and recovery actions for multi-jurisdictional fraud schemes, including newer obstacles to asset recovery. In addition, there have been wholesale changes in how law firms, consultants and forensic investigators are working together in the current environment.

Join us and engage in this interactive session as we discuss challenges and best practices for global fraud and asset recovery practitioners across the globe.

Along with our speakers, audience members will be encouraged to share stories-toward fostering a lively discussion among the whole group. Topics for discussion will include:

• Which matters are on the rise versus ones that are diminishing
• Which jurisdictions are coming to the forefront – and which ones are emerging as the next big hubs of litigation
• “My biggest litigation challenge in the past year”