Co-Chairs’ Opening Remarks

Jacques-Alexandre Genet
Partner
Archipel (France)

Sophie Eyre
Partner
Bird & Bird (UK)

Joanelle O’Cleirigh
Partner
Arthur Cox LLP (Ireland)

International Fraud Café and “Ice Breaker”

Opening Roundtable Series

Obtaining Worldwide Freezing, Searches, Disclosure and Passport Surrendering Orders in Russia and CIS: Overcoming the Ongoing Challenges in Investigations and Enforcement

Dmytro Marchukov
Partner
INTEGRITES (Ukraine)

Anthony Riem
Senior Partner
PCB Byrne LLP (UK)

Artificial Intelligence in Investigations: How ChatGPT, Machine Learning and Holistic Authentication Tools Can Be Used in Asset Recovery Investigations

Jane Colston
Partner
Brown Rudnick LLP (UK)

Paul Mitchell
Barrister
4 New Square (UK)

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.

Roundtable Recap: Takeaways and Lessons Learned from our Roundtable Boardroom Series

Networking Break

Special Session

Fraud and Corruption in Sport: A Behind the Scenes Look at Some of the Biggest, Most Recent Scandals-and Their Surprising, Hidden Lessons

Jonathan Addo
Partner
Harneys (British Virgin Islands)

Stefan Kuhn
Partner
BDO (Switzerland)

Emanuel Macedo de Medeiros
Global CEO
Sport Integrity Global Alliance (SIGA) (Switzerland)

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.

Strategy Session on High-Value Matrimonial Cases: New Trends in Concealing Assets and the Finer Points of Venue Selection

Sandie Lyne
Partner
Ogier (Guernsey)

Ed Davis
Founding Shareholder
Sequor Law (USA)

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

Networking Luncheon

Another Big Debate - with Audience Participation!

Documentary Evidence – What is Too Much or Too Little Disclosure in Civil Fraud Claims

Grzegorz Woźniak
Managing Partner
Woźniak Legal (Poland)

Chloe Morris
Managing Associate
Simmons & Simmons LLP (UK)

David Simpson
Barrister
3 Verulam Buildings (UK)

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.

The Present and Future of Litigation Funding: How Funders are Revisiting Legal and Collectability Risks

Andrew Stafford KC
Partner
Kobre & Kim (UK)

Paul de Servigny
Fund Manager, Litigation Finance
IVO Capital Partners (France)

Oliver Way
Senior Director of Legal Finance
Harbour Litigation Funding

Joanelle O’Cleirigh
Partner
Arthur Cox LLP (Ireland)

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

The Big Debate

Crypto Fraud as an Existential Threat in in the Fraud and Asset Recovery Space: Is More Regulation and Enforcement the Answer to Curbing Rampant Fraud and Market Volatility?

Stephen Baker
Senior Partner
Baker & Partners (Jersey)

Joanna Bogdańska
Partner
KW Kruk and Partners (Poland)

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

Networking Break

The Newest, Emerging Fraud Schemes that Span the Globe: What is Now Coming Across Practitioners’ Desks

Stéphane Bonifassi
Founder
Bonifassi Avocats (France)

Jacques-Alexandre Genet
Partner
Archipel (France)

Axel Benjamin Herzberg
Partner
Bodenheimer (Germany)

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”

Networking Cocktail Reception
Sponsored by

Co-Chairs’ Opening Remarks

Jacques-Alexandre Genet
Partner
Archipel (France)

Sophie Eyre
Partner
Bird & Bird (UK)

Joanelle O’Cleirigh
Partner
Arthur Cox LLP (Ireland)

Asset Recovery in Response to State Capture, Corruption and Fraud in the Public Sector – What is the Most Effective Model Available?

Martin Kenney
Head of Firm
Martin Kenney & Co. (MKS) (British Virgin Islands)

Antonia Mottironi
Founder/Partner
Ardenter Law (Switzerland)

John Oxenham
Managing Partner
Primerio (South Africa)

Join us in this session as our experts discuss:

• Enormous sums of value are misappropriated from the public purse every year.
• Rule of law challenged jurisdictions are the most vulnerable to this pernicious activity.
• The harm cascades in multi-faceted ways.
• Access to basic public services and infrastructure – security, health care, education, transportation, environmental protection – are all seriously adversely affected.
• Cross-border criminal proceedings are not working in response.
• Paradoxically, the primary actors behind state capture and grand corruption place substantial sums of stolen value in stable, rule of law based jurisdictions behind walls of secrecy and legal structures.
• Why is asset recovery not working as an effective response?
• Can we develop a fresh approach to recovery?
• This panel will seek to answer this rhetorical question in the affirmative.

Interview and Audience Participation

David vs. Goliath — Thinking Outside the Box to Win Disputes

James (Chip) Cottrell, Jr.
Senior Advisor
BakerHostetler (USA)

Thomas Eymond-Laritaz
Founder & CEO
Highgate

When fighting against sovereign states, powerful corporations, or individuals whose assets are hidden in jurisdictions lacking rule of law, claimants risk being worn down by long, costly and uncertain legal process. Deploying non-linear solutions outside the courtroom in parallel to the legal proceedings can help turn the tide to win disputes.

Thomas Eymond-Laritaz has advised more than a dozen Presidents and Prime Ministers, and many CEOs and other prominent individuals. During this interactive session, gain “behind the scenes” insights into what it now takes to win over stronger adversaries thanks to creative solutions — and the lessons for handling today’s legal disputes.

Audience members will be encouraged to chime in-with a view to fostering a lively discussion among the group. Bring your stories and questions for this productive and enjoyable session!

Networking Break

Case Study

Finally – A Success Story: Hear How a Law Firm, Crypto Exchange and Global Advisory Firm Banded Together to Reclaim the Life Savings of a Crypto Fraud Victim

Darragh Connell
Barrister
Maitland Chambers (UK)

Ashley Fairbrother
Partner
Edmonds, Marshall, McMahon (UK)

Carmel King
Director, Insolvency & Recovery
Grant Thornton UK LLP (UK)

Too many times the story is a sad one with victims of crypto fraud losing all of their funds and retirement savings. Be sure to join us in this session to share in a step-by-step approach to recovering assets of a fraud victim through the lens of three different crime fighters.

Cross-Border Insolvency and Restructuring: The Lengths and Limits of Utilizing These Tools as Mechanisms for Exposing Fraud, Detecting Risk, and Recovering Assets

Roberta Guaineri
Of Counsel
ADVANT Nctm (Italy)

David Wallis
Director
BDO LLP (UK)

Join us in this session as we discuss:

• Navigating jurisdictional impacts and discrepancies in insolvency law
• Best practices for handling complex and sophisticated creditor rights matters
• How the pandemic has affected insolvencies in their respective jurisdictions, from amnesties to business as usual; and what effect any legislative interventions will have
• The interplay between proprietary and collective interests, and the far-reaching consequences for fraud and insolvency

Networking Luncheon

The Lesser-Known Overlap of Fraud and ESG: How Practitioners Are Navigating the Newest Risks and Schemes that Will Spur New Litigation, Recovery and Enforceability Hurdles

Melissa Murphy KC
Barrister
Francis Taylor Building (UK)

Keith Oliver
Head of International
Peters & Peters Solicitors LLP (UK)

It is critical that fraud practitioners develop an awareness of both existing and forthcoming litigation in relation to a myriad of ESG issues, including climate change, human rights, and “greenwashing.”

Be sure to join us for important discussions on the new, emerging issues affecting the Fraud and Asset Recovery practice Our panel will be equipped to answer all of your questions and discuss what every practitioner needs to know, including:

• Why such significant fraud risks exist in the ESG context
• How fraud litigation will continue to grow
• Who the clients are likely to be
• How loss and damages will need to be quantified and proven
• How litigation can be avoided
• Enforceability issues that will affect recovery efforts

Co-Chairs’ Closing Remarks / End of Conference