Fraud, Asset Tracing & Recovery Asia
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Business Information In A Global Context Register by 17 April & SAVE $400 Fraud, Asset Tracing & Recovery Asia Innovative Strategies, Novel Tactics and Cutting Edge 23 – 24 June 2015 Recovery Methods in an Era of Global Fraud InterContinental Grand Stanford Hotel Hong Kong, China Network With and Hear Conference Co-Chaired by: from Leading Fraud Experts: Jeff Lane Disa Sim Partner, Tanner De Witt Solicitors Partner, Rajah & Tann Baker & Partners LNT & Partners Robert Hunter Keith Oliver BDO LLP Morgan Lewis Head of Fraud and Trust Litigation Senior Partner and Head of Commercial Stamford LLC Herbert Smith Freehills LLP Fraud Litigation, Peters and Peters Dentons PCB Litigation LLP Essex Court Chambers Peters and Peters Leading experts will share critical developments and cutting edge Freshfields Rajah & Tann Bruckhaus Deringer methods in regional and global asset recovery including: Schellenberg Gall Wittmer • Conducting Fraud Investigations in China: Dos and Don’ts Haldanes Skrine • Obtaining Ancillary Injunctive Relief in Aid of Foreign Main Proceedings Harneys Tan Kok Quan • Overcoming Asset Tracing & Recovery Challenges in South-East Asia Herbert Smith Partnership • Mutual Legal Assistance in Fraud Matters: How do Approaches in Freehills LLP Tanner De Witt Different Countries Compare and Strategies for Success Hogan Lovells Solicitors • Recent Developments in Knowing Assistance and Accessory Liability Johnson Winter & Tilleke & Gibbins in Asia Slattery Walkers • Tracing the Proceeds of Fraud and Corruption into Key Offshore King & Wood Jurisdictions Mallesons Withers LLP Kim & Chang WongPartnership LLP Enhance your conference experience by attending our Kobre & Kim practical, interactive, pre-conference Master Class Up to Zolfo Cooper 14.74 CPD See inside for further details Lead Sponsor: Associate Sponsor: Executive Sponsors: Networking Lunch Sponsor Refreshment Break Day One: Sponsor: To register call +44 (0) 20 7878 6888 or register online at www.C5-Online.com/FraudAsia ith $billions in illicit funds flowing out of China and other countries Win Asia, tracing the proceeds of fraud and corruption is becoming increasingly important for Governments and businesses alike. As funds are hidden in increasingly complex locations and structures, practitioners from all corners of the globe are being instructed by clients, to gather evidence and trace and recover assets. The complexity associated with tracing and recovering assets arising from frauds in Asia, coupled with the challenges in enforcing foreign awards, means that practitioners need to be fully versed in the legal developments, tactics and strategies to achieve results for their clients. Fraud, Asset Tracing and Recovery opportunities are increasing in Asia – Do you have the expertise and contacts in the area needed to capitalise? Building on C5’s unrivalled reputation in Civil Fraud events, Fraud, Asset Tracing and Recovery Asia will bring together the leading lawyers, regulatory experts and forensic accountants to share their experiences and make lasting business relationships in this exciting region. In addition to extensive coverage of how the key legal challenges can be addressed, our expert faculty will provide you with examples of solutions and strategies that will help you build your plan for fraud litigation, monitor increased fraud activity and benefit from the array of opportunities available. Top Reasons to Attend this Leading Industry Event: Hear from and network with an international line up of experts from China, Singapore, Malaysia, Thailand, UK, Jersey, Hong Kong, Australia, Trinidad and Tobago, Vietnam, South Korea and the UK Benefit from lively and insightful panel discussions including: the role of insolvency administrations in global asset recovery and tracing the proceeds of fraud and corruption into key offshore jurisdictions Establish new contacts through our unrivalled networking opportunities: Join your peers at the the networking lunches and the evening Drinks Reception on day one of the conference. An informal meal is also being planned on 23rd June for all attendees of the conference, for further information please check our website Join leading minds in the world of fraud, asset tracing and recovery for two days of interactive debates, expert advice and unparalleled networking opportunities C5’s Successful Fraud Fraud Series Geneva New Event Fraud Fraud Miami Asia Connect with Us! Financial Crime Experts: Networking Group @C5Live #C5Fraud 2 To register call +44 (0) 20 7878 6888, fax order form to +44 (0) 20 7878 6885 or visit www.C5-Online.com/FraudAsia MASTER CLASS • 22 June 2015 • 1.30pm – 5.00pm Effective Management of Electronic Evidence Recovery In the current e-business environment, a critical aspect of many investigations and disputes is the correct handling and management of electronic documents and emails. This master class will explore vital aspects of data forensics and electronic evidence recovery including: • How data forensics is used to assist in fraud cases • Discovery, restoration and capture of data • An understanding of timescales for discovery and preparing electronic data for review • Methods of disclosure MAIN CONFERENCE DAY ONE • 23 June 2015 8.30 Coffee and Registration • When and how to involve the law enforcement authorities 9.00 Co-Chairs’ Opening Remarks • The international connection – when to begin the process of identifying assets outside of the region Jeff Lane Partner 10.15 Morning Refreshments Tanner De Witt Solicitors (Hong Kong) Robert Hunter 10.40 The Role of Insolvency Administrations Head of Fraud and Trust Litigation in Global Asset Recovery Herbert Smith Freehills LLP (UK) Randall Arthur Partner 9.15 Conducting Fraud Investigations in China Kobre & Kim (Hong Kong) Do’s and Don’ts Bruno Arboit David Tiang Managing Partner Partner Zolfo Cooper (Hong Kong) King & Wood Mallesons (China) Justin Yip Pei-Li Wong Director Director – Global Forensics Morgan Lewis Stamford LLC (Singapore) BDO LLP (China) Richard Millett QC Gabriel Wong Essex Court Chambers (UK) Principal • Approaches and best practices for insolvency BDO LLP (Hong Kong) related asset recovery • Legal issues in obtaining evidence, fact finding and • Recognition and enforcement of liquidators’ powers intelligence gathering in China in investigating and recovering assets - legal framework for conducting investigations • Dealing with the challenges of cross border - prejudgment investigative strategies for asset traces recognition - political/cultural obstacles to asset tracing and • Working effectively with insolvency practitioners fraud investigations and forensic accountants in recovery actions • Exploring different ways of obtaining information • How do differences in the insolvency regimes in in China various Asian jurisdictions impact the procedures - public records view that can be used? - identifying and using confidential sources • Recent developments in Asian and offshore - other investigative measures including jurisdictions surveillance and consensual recordings • Limits to investigator’s capabilities in China and 11.50 Follow the Money: Tracing the Proceeds beyond to obtain facts, evidence and intelligence of Fraud and Corruption into Key Offshore - legal restrictions and requirements Jurisdictions - ethical issues It is estimated that in China alone as much as 10% of annual - availability and reliability of public records and GDP may be disappearing out of the country in illicit funds other open source methods flight. Where does this money flow and what can be done - privacy legislation to recover the proceeds of fraud and corruption? • Examining the interplay between lawyers, corporate/clients and private investigators To register call +44 (0) 20 7878 6888, fax order form to +44 (0) 20 7878 6885 or visit www.C5-Online.com/FraudAsia 3 Ian Mann • Be prepared for all eventualities: Facing guerrilla Partner tactics in arbitration Harneys (BVI & Cayman Islands) - Where does poor behaviour end – and guerrilla tactics do start? Stephen Baker - Effective strategies to anticipate, prevent and Senior Partner react to guerrilla tactics Baker & Partners (Jersey) - Are there permissible “guerrilla-like” tactics that Benjamin Borsodi may be used? Partner • Tools limiting the employment of guerrilla tactics Schellenberg Wittmer (Switzerland) - Direct sanctions of (investment) tribunals and Stephon Grey courts against guerrilla tactics Director - Deterrence by award setting-aside and BDO LLP (Trinidad and Tobago) enforcement proceedings - May tribunals draw adverse inferences or • What information can be obtained from public disqualify party representatives? sources in asset tracing cases? • Adopting alternative means to fight guerrilla tactics • Assessing pre-action discovery of assets - Fighting guerrilla tactics through investigators, • Determining beneficial ownership – what information technological means and advocacy tools is available to whom, and how to get it? - How can professional PR & media presence tame • How to overcome confidentiality legislation opponent’s guerrilla tactics? • Disclosure orders from the BVI and Cayman islands • Preventing guerrilla tactics: State courts and courts institutional support • Letters of request. Co-operation between Hong - Various support available from state courts Kong and offshore judges - The support offered by international arbitration • Examining the use of insolvency law to attack fraud institutions • Evidence gathering Part B: Arbitration and other Dispute • The freezing, the confiscation