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Informa
9:00am - 9:30am 30 mins
Welcome Refreshments
9:30am - 9:40am 10 mins
Chairs opening Remarks
  • Oren Warshavsky - Partner, BakerHostetler (USA)
  • Ros Prince - Partner, Stephenson Harwood (UK)
9:40am - 10:15am 35 mins
Keynote Address
  • Yury I. Kruty - Director – International Operations, Western Hemisphere, IRS – Criminal Investigations (USA)
10:15am - 10:55am 40 mins
Where to sue a fraudster? US, common law and civil courts' approach to founding jurisdiction in cross border fraud cases

A comparison of how different courts approach jurisdiction in international fraud cases, particularly those with no clear links to a single jurisdiction – with examples of cases where foreign lawyers should think to bring claims in the US, and vice versa.  

  • How different systems approach jurisdiction (residence, connecting nexus, etc)
  • Specific instances that often occur in fraud litigation e.g. – jurisdiction clauses in sham contracts, frauds where the parties to the contract are not in fact the real 'actors', cases where there are numerous shell companies across the globe, etc
  • Case study, e.g.  a UK company enters into a contract with two companies, one South American and one from the US, to provide steel for construction projects in the US.  The contract is governed by NY law.  The UK company is owned by a BVI company, which in turn is owned by a Russian oligarch resident in London.  The UK company defrauds the companies.  Its UBO engineers a situation where it is paid but fails to deliver the steel.  Where can you sue?
  • Practical tips:  what key tactical points should lawyers bear in mind in deciding on jurisdiction early on in fraud litigation, where it is likely facts have been concealed?
  • David Mizrachi - Partner, MDU Legal (Panama)
  • Gonzalo Zeballos - Partner, BakerHostetler (USA)
  • Andriy Stelmashchuk - Managing Partner, VASIL KISIL AND PARTNERS (Ukraine)
10:55am - 11:25am 30 mins
Morning Refreshment Break
11:25am - 12:05pm 40 mins
View from the Bench - Asset Recovery in a Globalized World

Current and former judges from different jurisdictions discuss their views of international fraud litigation - the interim remedies available to claimants, whether they are effective, and how the law will evolve

  • Judge Melanie Cyganowski - Former Chief Judge of the Bankruptcy Court for the Eastern District of New York, Partner, Otterbourg P.C. (USA)
12:05pm - 12:50pm 45 mins
Preserving assets – freezing and other preservation orders available in the US, common law and civil systems and the pitfalls in international litigation

A comparison of freezing and similar relief available in different jurisdiction (in support of domestic and foreign proceedings), as well as the challenges of recognising world wide relief granted abroad.  We highlight the risks, and where lawyers should think to instruct local counsel

  • Brief basics of freezing orders and what's available (e.g. domestic/world wide; in support of domestic / foreign proceedings, pre and post judgment, do they contain ancillary disclosure or passport orders, etc)
  • How those jurisdictions treat foreign injunctions – i.e. do they recognise foreign injunctions, or do you need to get your own injunction in support of the foreign proceedings
  • How do those jurisdictions treat the concept of 'beneficial ownership' in common law WFOs – e.g. some countries in the EU will recognise a WFO but only over legally owned assets
  • Practical points:  when faced with multi-jurisdictional fraud and asset recovery claims, what should lawyers prioritise when deciding where to freeze first or whether to attempt to obtain parallel freezing orders?
  • Carlos Ramos-Mrosovsky - Counsel, ALSTON & BIRD (USA)
  • Bernardo Porras - Partner, Hughes & Hughes (Uruguay)
  • Sandrine Giroud - Partner, LALIVE (Switzerland)
  • Dmytro Marchukov - Partner, Cross-Border Litigation and International Arbitration, INTEGRITES (Ukraine)
12:50pm - 2:05pm 75 mins
Networking Lunch
2:05pm - 2:50pm 45 mins
Disclosure, discovery, and other means of obtaining information in fraud litigation and asset recovery

A comparison of US, common law and civil rules for discovery in fraud litigation – including discovery in support of foreign proceedings, pre-action disclosure, Norwich Pharmacal, search orders, and the availability of documents in parallel criminal proceedings: what can be obtained, when, and whether it is admissible locally

  • Availability and scope of pre-action disclosure – whom can it be obtained against, in support of what proceedings (domestic or international), what can be obtained
  • Availability and scope of disclosure/discovery
  • What remedies are available in each jurisdiction where there is a fear that evidence will be destroyed – and what penalties are available where documents have been destroyed?
  • Are gagging orders available, or other means of obtaining information without putting the defendant on notice?
  • What is admissible locally where information has been obtained abroad?  And what steps need to be taken locally for permission to use locally obtained documents abroad?
  • Do claimants have access to documents held by the police, and if so on what terms?
  • Practical points:  what key points should lawyers consider in multi-jurisdictional fraud and asset recovery claims at the outset, to preserve evidence?
  • Alejandro Pignataro - Partner, Pignataro Abogados (Costa Rica)
  • Elena Fedorova - Avocat, Bonifassi Avocats (France)
  • H. Rowan Gaither IV - Co‐Chair of the Litigation Department, Richards Kibbe & Orbe LLP (USA)
  • Charlie Sorensen - Senior Associate, Baker & Partners (Jersey)
2:50pm - 3:30pm 40 mins
Privilege in multi-jurisdictional fraud and asset recovery litigation – how to navigate different rules and protect your client

A comparison of how the rules of privilege can differ radically between jurisdiction, and a discussion on how to navigate international fraud and asset tracing litigation (particularly where there is a risk of parallel criminal or regulatory action) and protect clients

  • What are the basic rules of privilege – does it exist, and if so in what circumstances?  Who benefits from privilege on the client side, and who attract privilege (the law firm, individual lawyers, inhouse counsel)?  Does it apply to civil and criminal proceedings (e.g. ENRC) – and does use in one of those waive privilege in the other?
  • Are the rules set by statute or evolving by case law?
  • Can privilege be overridden (e.g. if the client is using lawyers for fraudulent purposes)?  What happens when a privileged document is in the public domain (e.g. through a dump site)?
  • Case study [e.g.]:  A US financial services corporation discovers that an employee in various foreign subsidiaries caused client investors to buy into a Ponzi scheme.  The US corporation was unaware of this, but believes that employees of the Chinese subsidiaries knew the scheme was a fraud and benefitted from it.  The corporation wishes to bring fraud claims against those employees, but also wishes to understand what knowledge employees in other subsidiaries had.  How should it go about preparing its claims, and where should it base the investigating legal team?  What risks should it consider?
  • Practical points:  in cross border fraud and asset recovery litigation, what factors should lawyers consider at the outset in deciding where to gather and hold evidence, how to document witness interviews, and where to base the litigation team?
  • Steven Molo - Partner, MoloLamken LLP (USA)
  • Ian Huskisson - Partner, Travers Thorp Alberga Attorneys At Law (Cayman Islands)
  • Dan Wise - Head of Litigation, Martin Kenney & Co.(British Virgin Islands)
  • Megan Cunniff Church - Partner, Molo Lamken LLP (USA)
3:30pm - 4:00pm 30 mins
Afternoon Refreshment Break
4:00pm - 4:45pm 45 mins
Money in difficult places – how to get back assets in trusts, offshore structures, or held by nominees

Options available to recover money that has been secreted cleverly into difficult ownership structures – and practical tips on how to attack complex webs of companies and structures

  • What types of structures are commonly used in the speakers' jurisdictions by fraudsters?
  • What makes those structures difficult to attack (e.g. absence of beneficial ownership as in Liechtenstein anstaldts, or discretionary trusts, or absence of any public information, as in Marshall Islands and Panamanian companies) – and how do you get around those problems?
  • How do you attack those structures – step by step (e.g. starting with information recovery), or by going in with a 'nuclear option' like a freezing order?
  • Practical points:  when dealing with complex, international structures, what can you do to ensure you are securing money, rather than a worthless shell company?  How do you cut through to the assets of value?
  • Paul Kennedy - Counsel, Dispute Resolution, Appleby (Cayman Islands)
  • Steven Haynes - Director, Greyhawk
  • Benedikt König - Partner, König. Rebholz. Zechberger (Liechtenstein)
  • Michael Kyriakides - Partner, Harris Kyriakides LLC (Cyprus)
5:25pm - 5:45pm 20 mins
Chair's Summation & Close of Conference
  • Oren Warshavsky - Partner, BakerHostetler (USA)
  • Ros Prince - Partner, Stephenson Harwood (UK)
5:45pm - 7:45pm 120 mins
Drinks Reception

The Drinks and dinner will be at INTERCONTINENTAL NEW YORK BARCLAY

7:45pm - 9:45pm 120 mins
Conference Dinner

The Drinks and dinner will be at INTERCONTINENTAL NEW YORK BARCLAY