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October 28–30, 2020 EDT/GMT • VIRTUAL CONFERENCE Virtual 9th Edition
FRAUD, ASSET TRACING & RECOVERY
MIAMI
Your Best Opportunity This Year to Share "War Stories" and Expand Your Referral Network
Distinguished 2020 Co-Chairs:
Edward H. Davis Jr. Founding Shareholder Sequor Law (USA)
Sophie Eyre Partner Bird & Bird (UK)
Smaller-Group and 1:1 Meet-Ups
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Judges Panel on Evidentiary Thresholds and Judicial Discretion
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DOJ, SEC and IRS Town Hall
Lead Sponsor
Blair Leahy QC Partner Twenty Essex (BVI)
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Associate Sponsors
AmericanConference.com/FraudMiami • 888 224 2480
Keith Oliver Head of International Peters & Peters (UK)
Cyber Fraud, Cryptocurrency and Blockchain Think Tank “Virtual Litigator” War Stories Exclusive Boardroom Series
Executive Sponsors
Part of ACI and C5's FRAUD & ASSET TRACING SERIES
Distinguished Speaker Faculty MEMBERS OF THE JUDICIARY:
Honourable Justice Indra H. Charles Supreme Court of The Bahamas
Edward H. Davis Jr. Founding Shareholder Sequor Law (USA)
Blair Leahy QC Partner Twenty Essex (BVI)
Justice Kawaley Judge of the Grand Court Cayman Islands
Sophie Eyre Partner Bird & Bird (UK)
Keith Oliver Head of International Peters & Peters (UK)
Judge Robert Mark United States Bankruptcy Court (Southern District of Florida) The Hon. Mr. Richard Snowden High Court of Justice, England & Wales GOVERNMENT FACULTY:
Deborah Connor Chief, Money Laundering and Asset Recovery Section U.S. Department of Justice Eric I. Bustillo Regional Director US Securities and Exchange Commission Miami Regional Office Ariana Fajardo Orshan U.S. Attorney for the Southern District of Florida Damon Rowe Executive Director, Fraud Enforcement Office IRS SPECIAL INTERVIEW WITH:
Frances B. Lim Managing Director, Global Macro & Asset Allocation KKR & Co. Inc. CONFERENCE CHAIR EMERITUS:
Robert Hunter Solicitor Advocate (UK) Conference Chair Emeritus
2020 CONFERENCE CO-CHAIRS:
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FACULTY MEMBERS INCLUDE:
Joao Accioly Managing Partner Advocacia Sobrosa & Accioly (Brazil) Jonathan Aldo Partner Harneys (British Virgin Islands) Tara Archer-Glasgow Partner Higgs & Johnson (The Bahamas) Eric Chuang Managing Director, Cyber Incident Response Services BDO (USA) Robert Cohen Partner Davis Polk & Wardwell LLP (USA) Former Chief, Cyber Unit, SEC Lydia Danon Partner Cooke, Young & Keidan (UK) Joseph R. Dunn Member Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (USA) Steven Elliott QC Barrister One Essex Court (UK) Ken Epstein Investment Manager, Legal Counsel Bentham IMF (USA) Jennifer Fox Partner Ogier (Cayman Islands) Wifredo A. Ferrer Partner Holland & Knight (USA) Former U.S. Attorney for the Southern District of Florida Mark Forte Partner, Head of BVI Litigation & Restructuring and Office Conyers (BVI) Richard Gillis QC Barrister QC One Essex Court (UK)
twitter: @C5Live linkedin: Financial Crime Experts: Networking Group
Martin Kenney Managing Partner Martin Kenney & Co. (BVI) Stefan Kühn Head, Risk Advisory Services BDO Ltd (Switzerland) Metta MacMillan Hughes Partner Lennox Paton (The Bahamas) Caroline Moran Partner Maples Group (Cayman Islands) Michael D. Mysak Partner Bennett Jones (Canada) Aimée Prieto Partner Prieto Cabrera & Asociados (Dominican Republic) Christopher Redmond Redmond Law Firm LLC (USA) Chair, ABA UNCITRAL Task Force Joana Rego Co-Founder and Partner Raedas (UK) Mark Shaw Head of Business Restructuring BDO (UK) Sebastian Said Partner Appleby (Cayman Islands) Pierre Valentin Partner Constantine Cannon (UK) Oren J. Warshavsky Partner BakerHostetler (USA) Aviva Will Co-Chief Operating Officer Burford Capital Launched The Equity Project Dan Wise Partner O’Neal Webster (BVI) Mary Young Partner Kingsley Napley (UK)
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It was wonderful. The sessions were informative, and the conference presented an excellent opportunity to network with experts in fraud and asset recovery. Ashanti Martin, Balderamos Arthurs LLP (Belize)
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Who Attends
Don't Miss Out on Sharing "War Stories" and Expanding Your Referral Network.
900+
270+
Fraud Litigators, Insolvency and Asset Recovery Specialists Since the Inaugural Event
Firms from Around the Globe Over the Last Decade
3
40+
Days of Sharing “War Stories” and Unwritten Lessons
Expert Speakers Each Year. An Inclusive, Diverse Faculty of Trailblazers
8
Confirmed Members of the Bench and Government Officials on the 2020 Faculty
Continuing Legal Education Credits
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Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.
With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.
EARN CLE CREDITS
ACI certifies that this activity has been approved for CLE credit by the New York State Continuing Legal Education Board. ACI certifies that this activity has been approved for CLE credit by the State Bar of California. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. To learn more about how to apply, please visit www.americanconference.com/accreditation-instructions-for-virtual-attendance/ or email ACI-CLE@AmericanConference.com for further information.
AmericanConference.com/FraudMiami • 888 224 2480
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Part of ACI and C5's FRAUD & ASSET TRACING SERIES
C5 GROUP’S VIRTUAL EVENTS
Re-imagining the way we deliver conferences Collaboration is more vital than ever and for that, you can still rely on ACI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and a global exchange of expertise. Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.
What you can expect at a virtual conference Our virtual conferences are the same conferences you have come to expect in person but transformed to a virtual format. The new virtual conference delivers the same access to a community of industry leaders we have spent decades building and nurturing. We invite you to be part of this community.
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Expand your network to a global audience.
Immerse yourself in live presentations, panel discussions, specialized breakout sessions and networking opportunities. Engage in meaningful dialogue with attendees and speakers in an interactive format. Meet 1-on-1 with attendees you select and exchange contact information for lasting connections and true engagement.
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Conference Day One
Wednesday, October 28, 2020 EDT/GMT 8:30 EDT/12:30 GMT
Co-Chairs’ Opening Remarks microphone-alt Edward H. Davis Jr., Founding Shareholder, Sequor Law (USA) Sophie Eyre, Partner, Bird & Bird (UK) Blair Leahy QC, Partner, Twenty Essex (BVI) Keith Oliver, Head of International, Peters & Peters (UK) 8:45 EDT/12:45 GMT
Where Are We Six Months In? What’s Coming Down the Pipeline? COVID-19 and the Financial Outlook for Law, Forensic, Litigation Funding and Asset Recovery Firms
microphone-alt Mark Forte, Partner, Head of BVI Litigation & Restructuring and
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Cyber Fraud, Cryptocurrency & Blockchain Think Tank
9:45 EDT/13:45 GMT PART I
The Next Phase of Litigation: Crypto as an “Asset”— and New Complexity of Legal Disputes microphone-alt Mary Young, Partner, Kingsley Napley (UK) Oren J. Warshavsky, Partner, BakerHostetler (USA) As paper money becomes a thing of the past for fraudsters, cyberspace and cryptocurrency are prime vehicles for new, evolving schemes. Ensure that you are “in the loop” on what this means for the future of fraud investigations, litigation and asset recovery-and the new challenges confronting practitioners and clients. • Status report on the increase in the growth and complexity of legal disputes involving theft, hacking, malware, SIM swapping, keyloggers and other malicious activity
Office, Conyers (BVI)
• Survey of evolving types of disputes relating to cryptocurrency and blockchain: Fraud, RICO, class actions, contractual disputes and more
Joana Rego, Co-Founder and Partner, Raedas (UK)
• Cryptocurrency or bitcoin as an “asset” or property: Impact of recent High Court decisions
Aviva Will, Co-Chief Operating Officer, Burford Capital (USA) Launched The Equity Project
• Are crypto assets recoverable? The latest word on the applicability of common law, and equitable tracing rules, and tracing backwards
At this must-attend opening session, experts will take stock of recent, emerging trends affecting growth opportunities. Hear diverse perspectives on the unexpected, new aftermath of COVID-19- and the impact on your practice, timelines, law firm and litigation funding business models, and case outcomes. • Takeaways from operating during a pandemic, and the impact on delivery of legal and consulting services • Growth in asset recovery practitioners and third-party funding: Where are we headed? • What we can learn and anticipate from the 2008 financial crisis • Impact of remote work on securing new business • How firms are addressing heightened cybersecurity and data privacy risks • Unexpected ways that COVID-19 has changed the landscape: » changes to law firm business models, the legal profession and asset recovery » is more work being outsourced? • Trends in the trajectory of ongoing cases: » has there been a bigger push to settle? » the extent of court delays » changes to workflows » are clients still asking to slow things down? • Statute of limitations issues posed by Covid-19-related delays • To what extent third party litigation funding is on the rise • Effect of disruption on court proceedings and arbitration • Changes in how law firms, consultants and forensic investigators are working together in the current environment
• Hurdles to applying common law principles to new, emerging technologies • Addressing difficulties with serving freezing injunctions 10:30 EDT/14:30 GMT
Referral Networking and 1:1 Meet-Ups 11:00 EDT/15:00 GMT PART II
Cyber Fraud Schemes: Cutting-Edge Ponzi, Crypto and Other Schemes That Will End in Litigation (Sooner Than Later) microphone-alt Robert Cohen, Partner, Davis Polk & Wardwell LLP (USA) Former Chief, Cyber Unit, SEC
Eric Chuang, Managing Director, Cyber Incident Response Services, BDO • New ways fraudsters have leveraged advancements in technology, initial coin offerings and use of blockchain • Update on the evolution of ransomware attacks • Examples of new schemes perpetrated against high net worth individuals 11:45 EDT/15:45 GMT PART III: “HOW I DID IT”
Forensic Experts Discuss Successes in Tracing Blockchain Transactions, Digital Wallets, and Related Illicit Activity microphone-alt Stefan Kühn, Head, Risk Advisory Services, BDO Ltd Switzerland • Effectiveness of new solutions vs. traditional forensic techniques for searching and analyzing cryptocurrency and digital wallet transactions • Asset tracing in the wake of a ransomware attack • Examples of how law and asset recovery firms have successfully worked together
AmericanConference.com/FraudMiami • 888 224 2480
Part of ACI and C5's FRAUD & ASSET TRACING SERIES
12:45 EDT/16:45 GMT SMALLER-GROUP NETWORKING AND DISCUSSION
“WAR STORY” BOARDROOM SERIES New for this year and based on popular demand, attendees and faculty will benefit from smaller-group networking and discussion of recent war stories. In the wake of Covid-19, ask your questions, hear what has been coming across your peers’ desks-and what is keeping them up at night.
• Concrete examples of complex scenarios, the strategies employed – and what went right (and wrong)
Topics of discussion will include:
• Real-world challenges posed by civil proceedings across multiple jurisdictions
• Choice of forum and venue selection: Examples of selecting and changing the “battlefield” (jurisdictions) to speed up a case or gain momentum
1:30 EDT/17:30 GMT Conference Adjourns
Referral Networking & 1:1 Meet-Ups
Conference Day Two
Thursday, October 29, 2020 EDT/GMT 8:30 EDT/12:30 GMT
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Co-Chairs’ Opening Remarks 8:45 EDT/12:45 GMT
Cross-Border Insolvency, Investigations and the Impact of COVID-19: What Recent Changes Mean for Asset Tracing, Court Delays and Dispute Resolution microphone-alt Mark Shaw, Head of Business Restructuring, BDO (UK) Christopher Redmond, Redmond Law Firm LLC (USA), Chair, ABA UNCITRAL Task Force and Member of the United States Delegation to UNCITRAL Working Group V (Insolvency) Ken Epstein, Investment Manager, Legal Counsel, Bentham IMF (USA)
Perspectives on Remote vs. In-Person Proceedings, Evidentiary Thresholds and Judicial Discretion
microphone-alt Honourable Justice Indra H. Charles Supreme Court of The Bahamas
Justice Kawaley Judge of the Grand Court (Cayman Islands) Judge Robert Mark United States Bankruptcy Court (Southern District of Florida) The Hon. Mr. Richard Snowden High Court of Justice, England & Wales MODERATOR:
Martin Kenney, Managing Partner, Martin Kenney & Co. (BVI)
Joseph R. Dunn, Member Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (USA) • Take this opportunity to meet and hear from leading insolvency practitioners on hot button issues affecting the fraud, asset tracing and recovery landscapes. Ensure that you are “in the loop” on important updates and the practical challenges now affecting insolvency and fraudrelated proceedings. • To what extent there has been an uptick in insolvency and restructuring: Are the Covid-19-related predictions coming true? • How insolvency and fraud litigators are working together • Update on the expansion of the UNCITRAL Model Law on Cross-Border Insolvency-and what it means for the enforceability of insolvency judgments across borders • Impact of temporary changes to UK wrongful trading rules • Status of new legislation in the UK, Germany, Spain and Australia
Supported by:
9:45 EDT/13:45 GMT JUDGES PANEL
Media Partner:
10:30 EDT/14:30 GMT
Referral Networking and 1:1 Meet-Ups
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11:00 EDT/15:00 GMT
Exclusive Interview
11:30 EDT/15:30 GMT
Art as a Fraud Masterpiece: Inside the Inigo Philbrick Case microphone-alt Pierre Valentin, Partner, Constantine Cannon (UK) Edward H. Davis Jr., Founding Shareholder, Sequor Law (USA) • Unique aspects of investigating and litigating cases with art as the fraud vehicle • How fraudsters are using art as a transmission tool for fraud and money laundering • Will there be a central database of title ownership for art-or more regulatory oversight?
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twitter: @C5Live linkedin: Financial Crime Experts: Networking Group
12:15 EDT/16:15 GMT "VIRTUAL LITIGATOR” WAR STORIES
Reading Minds and Body Language: Surprising Takeaways from Remote Interviews and Hearings, and Electronic Document Management microphone-alt Richard Gillis QC, Barrister QC, One Essex Court (UK) Caroline Moran, Partner, Maples Group (Cayman Islands) Michael D. Mysak, Partner, Bennett Jones (Canada) • How the use of virtual interviews and hearings has changed litigation techniques and strategies
• Preparing effectively with your team and clients over video and teleconference • Special considerations for group litigation actions: Can big cases be litigated remotely? • How to approach translation when conducting virtual interviews • Selecting and leveraging electronic document tools and videoconferencing platforms 1:15 EDT/17:15 GMT Conference Adjourns
Referral Networking & 1:1 Meet-Ups
• Body language, eye contact and more challenges affecting interviews, hearings and cross-examinations » interacting with the judge remotely » inability to see or read body language
Conference Day Three Friday, October 30, 2020 EDT/GMT 8:30 EDT/12:30 GMT
Co-Chairs’ Opening Remarks
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8:45 EDT/12:45 GMT DOJ, SEC & IRS TOWN HALL
Multi-Jurisdictional Enforcement and Coordination: Cyber, Crypto and PandemicRelated Investment and Ponzi Schemes— and More
microphone-alt Deborah Connor, Chief, Money Laundering and Asset Recovery Section, U.S. Department of Justice
Eric I. Bustillo, Regional Director, US Securities and Exchange Commission, Miami Regional Office Ariana Fajardo Orshan U.S. Attorney for the Southern District of Florida
• The risk of “follow-on” cases: When a pending or settled case could trigger new fraud investigations by other agencies • When fraud enforcement could spark investigations of other potential crimes, including bribery, money laundering and privacy violations-and vice versa • Updates on the review of RICO assets and asset tracing 9:45 EDT/13:45 GMT
Compare & Contrast: One Case…Many Different Outcomes microphone-alt Jennifer Fox, Partner, Ogier (Cayman Islands) Tara Archer-Glasgow, Partner, Higgs & Johnson (The Bahamas) Joao Accioly, Managing Partner, Advocacia Sobrosa & Accioly (Brazil)
Damon Rowe, Director, Fraud Enforcement Office, IRS
Aimée Prieto, Partner Prieto Cabrera & Asociados (Dominican Republic)
MODERATOR:
MODERATOR:
Wifredo A. Ferrer, Partner, Holland & Knight
Steven Elliott QC, Barrister, One Essex Court (UK)
• The latest on prosecutions for pandemic-related fraud: Individual and corporate liability • How law enforcement can stumble across fraud cases amid other types of investigations
New for this year, practitioners from the UK, U.S. and key offshore jurisdictions will work through a case study of a complex multi-party, multijurisdictional matter. Hear perspectives on important and lesser known nuances across civil and common law systems. Key takeaways will include:
• Trends in new, emerging kinds of fraud and other cases-and perspectives on what is on the horizon
• Important differences between rules of procedure -and their impact on the trajectory of cases and outcomes
• Impact of Covid-19 on government investigations and enforcement, including evidence gathering, document production requests and interviews
• Contrasting asset-tracing and recovery across jurisdictions
• How the agencies are investigating cyber and cryptocurrency fraud schemes-and approaching asset-collection and civil asset forfeiture
• Nuances in enforceability of judgments and orders
• Cross-agency coordination and information sharing for pandemic and other types of fraud cases
• Ensuring effective coordination across jurisdictions
10:45 EDT/14:45 GMT
Referral Networking and 1:1 Meet-Ups
AmericanConference.com/FraudMiami • 888 224 2480
Part of ACI and C5's FRAUD & ASSET TRACING SERIES
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11:15 EDT/15:15 GMT Special Interview
12:30 EDT/16:30 GMT
Re-Thinking Investment Risk and Decision-Making
The Finer Points of International Arbitration: Non-Parties, Depositions, Injunctions – and Your Growing Legal Skills Set
microphone-alt Frances B. Lim, Managing Director, Global Macro & Asset Allocation, KKR & Co. Inc.
microphone-alt Sebastian Said, Partner, Appleby (Cayman Islands)
MODERATED BY:
Lydia Danon, Partner, Cooke, Young & Keidan (UK)
Keith Oliver, Head of International, Peters & Peters (UK)
Jonathan Aldo, Partner, Harneys (British Virgin Islands)
11:45 EDT/15:45 GMT
• Contrasting the skills set required for effective handling of arbitration proceedings vs. trials
Matrimonial Cases, Asset Recovery and Piercing the Corporate Veil
• Use of Section 1782 applications in the context of foreign arbitration proceedings • Deposing non-parties in arbitration proceedings
microphone-alt Metta MacMillan Hughes, Partner, Lennox Paton (The Bahamas)
• Status report on injunctions against non-parties
Dan Wise, Partner, O’Neal Webster (BVI)
1:15 EDT/17:15 GMT Conference Concludes
• Overcoming hurdles to evidence gathering outside of the local country • The finer points of venue selection • New laws carved out by divorce courts in the UK and offshore jurisdictions-and the impact on property rights and asset recovery
Referral Networking & 1:1 Meet-Ups
• How matrimonial cases in the UK have given rise to the principles of piercing the corporate veil • New trends in concealing assets in big-ticket divorce cases • Creative use of insolvency tools for asset tracing and recovery in matrimonial cases
Upcoming Related Events: C5-Online.com/Conferences/Fraud 15th Edition
FRAUD, ASSET TRACING AND RECOVERY
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