16th Edition Fraud, Asset Tracing & Recovery Geneva - DS by C5Group

Connect and Benchmark with a Global Speaker Faculty from:

n rso ce e n P In- fere n Co

16th Edition

FRAUD, ASSET TRACING & RECOVERY

Switzerland, UAE, Russia, Greece, Cyprus, UK, Spain, United States, British Virgin Islands, and more!

Lead Sponsor

24–25 March 2022 | Fairmont Grand Hotel Geneva | Switzerland The Premier Gathering of Global Fraud, Asset Recovery, Dispute Resolution and Contentious Insolvency Practitioners!

Supporting Sponsor

GOVERNMENT FACULTY Emma Luxton Head of Proceeds of Crime and International Assistance Serious Fraud Office (UK)

Microphone-alt S PECIAL INTERVIEWS

WITH:

Hon. John Zani District Judge Westminster Magistrates’ Court (UK) Cynthia O’Murchu Reporter Financial Times (UK)

Associate Sponsors

Two Days of Unsurpassed Networking – and Content Rich Discussions Welcome Back Drinks Reception on 23 March

Smaller-group, “off the record” discussions on high stakes issues

Meet the true trailblazers and influencers!

Impromptu meet-ups in the foyer and 1:1 meet-ups with new contacts

Extended networking breaks and luncheons

Key case law updates from multiple jurisdictions

New “Out of the Box” Discussions”

Stay in the loop: Catch up on what is keeping your peers busy

C5-Online.com/FraudGeneva • +44 20 4532 2313

Executive Sponsor

Part of C5 Group’s FRAUD & ASSET TRACING SERIES

The Largest Fraud and Asset Tracing Experts Gathering in Europe for the Past 15 Years BREAKDOWN SINCE FIRST EDITION

1,700+ ATTENDEES

350+ SPEAKERS

475+

ORGANISATIONS x20

It is THE major event that fraud practitioners have to attend… The room is absolutely full and the topics are just outstanding. PAST ATTENDEE, SCHELLENBERG WITTMER (SWITZERLAND)

50+

COUNTRIES

CONTINENTS

This is a great place to both meet practitioners in continental Europe, but also to gain those tips and tricks in the various jurisdictions that we need to get results. PAST ATTENDEE, HOLLAND & KNIGHT (USA)

The conference has grown from strength to strength over the last couple of years. A fantastic opportunity to hear from excellent speakers and panelists from different jurisdictions. PAST ATTENDEE, MCCANN FITZGERALD (IRELAND)

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Without any doubt the best asset recovery conference, year after year. PAST ATTENDEE, MONFRINI CRETTOL & PARTNER

INTRODUCING C5’S ADVISORY BOARD MEMBERS Jonathan Addo Partner Harneys (British Virgin Islands)

Ed Davis Founding Shareholder Sequor Law (USA)

Benjamin Borsodi Partner Schellenberg Wittmer Ltd (Switzerland)

Tameka Davis Partner Conyers Dill & Pearman (British Virgin Islands)

Jane Colston Partner Brown Rudnick LLP (UK)

Sophie Eyre Partner Bird & Bird (UK)

Event Co-Chairs

Speakers Include

Mona Vaswani Partner Milbank LLP (UK)

Jonathan Addo Partner Harneys (British Virgin Islands)

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

Ilias Anagnostopoulos Partner Anagnostopoulos (Greece)

Jane Colston Partner Brown Rudnick LLP (UK)

Nadim Bardawil Partner BSA Ahmad Bin Hezeem & Associates LLP (UAE)

Saverio Lembo Partner Bär & Karrer Ltd. (Switzerland)

Government Faculty Emma Luxton Head of Proceeds of Crime and International Assistance Serious Fraud Office (UK)

Members of the Bench The Hon. Mr. Justice Robin Knowles Judge Royal Courts of Justice (UK) Patrick Robert-Nicoud Judge Federal Criminal Court (Switzerland) Hon. John Zani District Judge Westminster Magistrates’ Court (UK)

Special Interview With Cynthia O’Murchu Reporter Financial Times (UK)

Olga Bischof Partner Brown Rudnick LLP (UK) Benjamin Borsodi Partner Schellenberg Wittmer (Switzerland) Audrey Byrne Partner McCann FitzGerald LLP (Ireland) Gerard Clarke Senior Counsel Baker & Partners (UK)

Martin Kenney Managing Partner Martin Kenney & Co. Solicitors (British Virgin Islands) Saverio Lembo Partner; Head of White Collar Crime Practice Group Bär & Karrer SA (Switzerland) Keith Oliver Head of International Peters & Peters Solicitors LLP (UK)

Costas Stamatiou Partner Elias Neocleous & Co. LLC (Cyprus) Mona Vaswani Partner Milbank LLP (UK) Colette Wilkins Partner Walkers (Cayman Islands)

Richard Gillis Barrister One Essex Court (UK)

Clara Poglia Partner Schellenberg Wittmer (Switzerland)

Sandrine Giroud Partner LALIVE (Switzerland)

Ros Prince Partner Stephenson Harwood LLP (UK)

Mathilde Heaton General Counsel, UK; Europe, Middle East & Asia Phillips Auctioneers (UK)

Barry Robinson Director BDO (Ireland)

Glenn P. Hendrix Chairman Arnall Golden Gregory LLP (USA) Martin Kenney Managing Partner Martin Kenney & Co. Solicitors (British Virgin Islands) Yves Klein Partner Monfrini Bitton Klein (Switzerland) Stefan Kühn Head, Risk Advisory Services BDO Ltd. (Switzerland)

Ed Davis Founding Shareholder Sequor Law (USA)

Andrew McLeod Barrister One Essex Court (UK)

Sophie Eyre Partner Bird & Bird (UK)

Kate McMahon Partner Edmonds, Marshall, McMahon (UK)

Ed Crosse Partner Simmons & Simons LLP (UK)

David Mizrachi Senior Partner MDU Legal (Panama)

Adam Fee Partner Milbank LLP (USA)

Christopher Noel Attorney Sequor Law (USA)

Héctor Sbert Partner ECIJA, Barcelona (Spain) Mark Shaw Partner, Head of Business Restructuring BDO UK LLP (UK) Polly Sprenger Partner Addleshaw Goddard LLP (UK) Markus Stadler Counsel Martin Kenney & Co. Solicitors (British Virgin Islands) Andrew Stafford QC Partner Kobre & Kim LLP (UK) Costas Stamatiou Partner Elias Neocleous & Co. LLC (Cyprus) Boris Telyatnikov Partner Enyo Law LLP (UK) Daniel J. Zappelli Partner Vafadar Sivilotti Zappelli (Switzerland) (former Attorney General of the Republic and District of Geneva)

Wednesday, 23 March 2022

WELCOME BACK! DRINKS RECEPTION CONFERENCE DAY ONE | Thursday, 24 March 2022 08:00

Registration and Networking

View from the Bench

09:00

Co-Chairs’ Opening Remarks microphone-alt Jane Colston, Partner, Brown Rudnick LLP (UK) Saverio Lembo, Partner, Bär & Karrer Ltd. (Switzerland) 09:15

10:15

AUDIENCE POLLING

“ War Stories” and More: Leading Practitioners Share Experiences on What is Coming Across Their Desks — and What is on the Horizon microphone-alt Costas Stamatiou, Partner, Elias Neocleous & Co. LLC (Cyprus) Benjamin Borsodi, Partner, Schellenberg Wittmer (Switzerland)

microphone-alt Patrick Robert-Nicoud, Judge, Federal Criminal Court (Switzerland) The Hon. Mr. Justice Robin Knowles, Judge, Royal Courts of Justice (UK) Jane Colston, Partner, Brown Rudnick LLP 11:15

Extended Networking Break

11:45

Special Interview microphone-alt Emma Luxton, Head of Proceeds of Crime and International Assistance, Serious Fraud Office (UK) Kate McMahon, Partner, Edmonds, Marshall, McMahon (UK)

Ros Prince, Partner, Stephenson Harwood LLP (UK) David Mizrachi, Senior Partner, MDU Legal (Panama) Some of the trends and developments in relation to fraud and asset tracing over the past 18-24 months have been unanticipated and challenging, and one of the most surprising developments is that there has been a sizeable change in both the value and volume of fraud cases heard in many global courts. Join us in this session as we discuss some of the important updates and critical issues that fraud and asset recovery practitioners are facing, and take stock of the lesser-known takeaways affecting the path forward. The distinguished faculty cover a myriad of key topic, including the latest on: • • • • •

Civil and criminal liability Evidence gathering and corporate intelligence Worldwide freezing injunctions Third party disclosure Damages principles and enforcement

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12:15

The Standalone Freezing Injunction as a Cross-Border Asset Tracing Tool: Common Law Equitable Power to Grant Interim Relief microphone-alt Jonathan Addo, Partner, Harneys (British Virgin Islands) Olga Bischof, Partner, Brown Rudnick LLP (UK) Andrew McLeod, Barrister, One Essex Court (UK) Boris Telyatnikov, Partner, Enyo Law LLP (UK) Join us in this session as we discuss the significance of the Privy Council decision in Convoy Collateral v. Broad Idea, and examine: • The purpose of a freezing injunction in the modern context, affirming it is to prevent the right of enforcement from being rendered ineffective by the dissipation of assets against which the judgment could otherwise be enforced • Important guidance on the availability of freezing injunctions against third parties who hold assets potentially available for enforcement • How the decision safeguards the standalone freezing injunction as an important cross-border asset tracing tool • Some areas of uncertainty following the decision

13:00

Networking Luncheon

16:15

Networking Break

14:15

16:30

Issues Around Cryptocurrency and Digital Assets That Litigators Need to be Mindful Of

The “Out of the Box” Vehicles for Fraud: Art, Vintage Collectibles and Other Cultural Property

microphone-alt Stefan Kühn, Head, Risk Advisory Services, BDO Ltd. (Switzerland) Mona Vaswani, Partner, Milbank LLP (UK) Jane Colston, Partner, Brown Rudnick LLP (UK) The area of crypto is a fascinating one as it is very new, and throws up the same kinds of issues and challenges litigators face every day. When it comes to crypto frauds, the blockchain may actually be of great help to in the context of asset-tracing and enforcement—as most transactions will be publicly viewable. This allows investigators and litigators to follow transfers of crypto from wallet to wallet; and ultimately into central exchanges such as Binance and Kraken, etc. It is then that litigators can break out the familiar toolkit of disclosure and freezing orders to secure the misappropriated funds and uncover who may be behind the wrongdoing. The use of technology is another key part to this, as there are companies out there that can help automate the necessary review and searches of the blockchain. The technology can aggregate transactions more quickly and enable us to identify patterns; and pinpoint the source and destination of misappropriated assets.

microphone-alt Sandrine Giroud, Partner, LALIVE (Switzerland) Mathilde Heaton, General Counsel, UK; Europe, Middle East & Asia, Phillips Auctioneers (UK) Christopher Noel, Attorney, Sequor Law (USA) Héctor Sbert, Partner, ECIJA, Barcelona (Spain) Join us for this unique discussion about art, museum pieces and other vintage collectibles that are used as vehicles for fraud. Hear real-world examples of fraudsters attempting to counterfeit and forge prints of rare art; and, fraudulently constructed pieces of highly sought-after collectibles, museum pieces and other forms of cultural property.

17:30

Networking Drinks Reception

15:15

Increasing Cooperation Among Legal Counsel and Enforcement Agencies — and Overcoming Hurdles to Compensating Fraud Victims microphone-alt Saverio Lembo, Partner; Head of White Collar Crime Practice Group, Bär & Karrer SA (Switzerland) Daniel J. Zappelli, Partner, Vafadar Sivilotti Zappelli (Switzerland), former Attorney General of the Republic and District of Geneva Ilias Anagnostopoulos, Partner, Anagnostopoulos (Greece) Polly Sprenger, Partner, Addleshaw Goddard LLP (UK) Due to the various obstacles that practitioners can face when conducting global investigations, it is imperative to have increasing cooperation between attorneys and enforcement authorities in the affected jurisdictions. Internal and external investigations trigger multiple legal issues when different jurisdictions are involved, and can seriously hinder efforts and arrangements that adequately compensate the actual victims in the cases.

Media Partner:

In this session, our panelists will discuss the latest trends, developments and strategies that can be implemented to facilitate cooperation and eliminate the obstacles to achieving coordinated resolutions.

C5-Online.com/FraudGeneva • +44 20 4532 2313

Part of C5 Group’s FRAUD & ASSET TRACING SERIES

CONFERENCE DAY TWO | Friday, 25 March 2022 08:50

10:30

Conference Co-Chairs’ Opening Remarks

Cyber Fraud: You’ve Been Hit with a Cyber Fraud or Ransomware Attack, What Happens Next?

microphone-alt Mona Vaswani, Partner, Milbank LLP (UK) Keith Oliver, Head of International, Peters & Peters Solicitors LLP (UK) 09:00

AUDIENCE POLLING

Spotlight on Contentious Cross-Border Insolvency and Restructuring microphone-alt Mark Shaw, Partner, Head of Business Restructuring, BDO UK LLP (UK) Yves Klein, Partner, Monfrini Bitton Klein (Switzerland) Sergey Petrachkov, Partner, ALRUD Law Firm (Russia) Richard Gillis, Barrister, One Essex Court (UK) In this session, leading practitioners will provide us with updates on cross-border insolvency and restructuring laws in the U.K., Hong Kong, Switzerland and South America, including discussions on: • How to utilize insolvency and restructuring as mechanisms for exposing fraud; as well as detecting and recovering assets • 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

Microphone Adam Fee, Partner, Milbank LLP (USA) Andrew Stafford QC, Partner, Kobre & Kim LLP (UK) In recent years, cyber fraud and ransomware attacks have dramatically increased in frequency and sophistication. This session will examine what happens after you get the call that the attack is underway, including: • Understanding the sorts of cyber fraud and ransomware threats facing global companies today • Addressing extortion and ransom threats from attackers in control of your data, including related cross-border legal issues • Tracing and recovering assets and data taken by the attackers • Engaging with law enforcement, privacy regulators, and other government actors across jurisdictions 11:30

Extended Networking Break

12:00

Documentary Evidence – Addressing the Challenges of Too Much or Too Little Disclosure in Civil Fraud Claims Microphone Ed Crosse, Partner, Simmons & Simons LLP (UK) Glenn P. Hendrixr, Chairmanr, Arnall Golden Gregory LLP (USA) Audrey Byrne, Partner, McCann FitzGerald LLP (Ireland)

10:00

SPECIAL KEYNOTE

Extradition Arrangements Post-Brexit, Account Freezing, Forfeiture Applications and Orders microphone-alt Hon. John Zani, District Judge, Westminster Magistrates’ Court (UK)

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Clara Poglia, Partner, Schellenberg Wittmer (Switzerland) This session will explore the evidential 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 & discovery in Civil and Common Law jurisdictions. Controversially, our panel of experts will debate whether it is actually possible to pursue a civil fraud claim in a jurisdiction that doesn’t require searched-based disclosure. They will also discuss situations where there are wide-ranging disclosure obligations; and review ways to get key documents at a proportionate cost.

13:00

SPECIAL INTERVIEW

Investigating Fraud and Corruption: Hidden in Plain Sight? microphone-alt Cynthia O’Murchu, Reporter, Financial Times (UK) Mona Vaswani, Partner, Milbank LLP (UK) Ed Davis, Founding Shareholder, Sequor Law (USA) This session provides a view into an investigative reporter’s approach to digging into (alleged) financial wrongdoing. Through use of open source investigation tools and public records, we can demonstrate that red flags are often hidden in plain sight. Case studies include investigations such as Greensill Capital or NMC Health.

Bed VENUE INFORMATION Hotel:

Fairmont Grand Hotel Geneva

Address:

Quai du Mont-Blanc 19, 1201 Genève, Switzerland

Reservations:

o reserve your room, please download T the reservation form and send it to: reservation.geneva@fairmont.com or Fax +41 22 908 90 91or call the hotel +41 22 908 90 82

The session will also discuss some tactics used by those investigated to obfuscate their dealings, including through attacks on journalists. We will also examine how loopholes in legislation hamper transparency.

C5 Group is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “C5’s Fraud, Asset Tracing & Recovery”.

13:30

Please note that the guest room block cut-off date is February 24, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

Making or Breaking an Asset Recovery Case: The Latest on Blending Forensic Accounting and Corporate Intelligence in Fraud Investigations microphone-alt Barry Robinson, Director, BDO (Ireland) Markus Stadler, Counsel, Martin Kenney & Co. Solicitors (British Virgin Islands) Gerard Clarke, Senior Counsel, Baker & Partners (UK) In an asset recovery case, it’s very important to identify the right tools to use; consider the restraints that may be placed on their use; and, manage the associated risks. On any fraud investigation, forensic accountants will seek access to a large pool of relevant proprietary information; while the domain of corporate intelligence professionals, is to gather all the pertinent information which lies outside the premises of the company and its closest advisers. More importantly, the ability of corporate intelligence specialists to quickly identify and retrieve reliable evidence scattered outside the company is both an important and necessary skill, and often serves to inject crucial momentum into the early stages of an investigation. Knowing that, it is critical to identify and implement the most effective tools and skills that are used to gather information in asset recovery cases, such as: • The ability to identify and retrieve information from a wide array of sources which may be spread across numerous jurisdictions — and in different languages • Being adept at analyzing, interpreting and contextualizing such information before pinpointing its relevance to the matters at hand • Knowing how to develop recruiting sources, sting operations, open source desktop inquiries, and bank account information procurement • Covert human intelligence gathering; and covert intelligence gathering by electronic means • Understanding how to utilize political advocacy in rule of law challenged jurisdictions 14:30

Networking Luncheon

15:45

End of Conference | Thank you!

C5-Online.com/FraudGeneva • +44 20 4532 2313

Head off to Chamonix for what now is a traditional, fun filled après-conference skiing weekend. It is approximately 45 min to an hour away. There is no conference hotel as such, but provided you book early there is always good availability at the Mercure Chamonix Les Bossons Hotel. For those who plan on attending, please email Leonie Stevens (lstevens@petersandpeters.com) as soon as possible. ALL ARE WELCOME – whether skiers or not - as the weekend is a great way to continue the bonhomie of the Geneva event. Wonderful dinners in Chamonix on both Friday (Satsuki) and Saturday night (Le CapHorn) are must attend events – albeit optional!

Upcoming Event

FRAUD, ASSET TRACING & RECOVERY

October 2022

Part of C5 Group’s FRAUD & ASSET TRACING SERIES

THANK YOU TO THE CONFERENCE SPONSORS SUPPORTING SPONSOR

LEAD SPONSOR BDO is the brand name for BDO USA, LLP, a U.S. professional services firm providing assurance, tax, and advisory services to a wide range of publicly traded and privately held companies. For more than 100 years, BDO has provided quality service through the active involvement of experienced and committed professionals. The firm serves clients through more than 70 offices and over 750 independent alliance firm locations nationwide. As an independent Member Firm of BDO International Limited, BDO serves multi-national clients through a global network of more than 97,000 people working out of more than 1,700 offices across 167 countries and territories. Global disputes and cross-border investigations often result in complex cross-border asset tracing requiring the skills and experience resident in an international accounting firm. BDO provides our clients with the resources they need where and when they need them. Our global forensics and asset tracing team uses its extensive experience, deep analytic skills, and state-of-the art technology to help our clients answer questions and respond to inquiries quickly—with as little disruption to operations as possible. Our multidisciplinary group has experience across industries, and includes forensic accountants, global business intelligences researchers, certified forensic technology specialists, experienced insolvency professionals, and former law enforcement. Every day, we help limit our clients’ risk exposure efficiently and cost effectively. Our services include: y y y y

Asset tracing Global corporate intelligence Forensic accounting and investigations Forensic technology services

y y y y

Global e-discovery Expert witness testimony Bankruptcy and insolvency advisory Fraud analytics and Artificial Intelligence

For additional information on Forensics or to subscribe to BDO publications, please visit www.bdo.com/

hands-helping BECOME A SPONSOR 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. Don’t miss the opportunity to maximise participation or showcase your organisation’s services and talent. For more information please contact us at: C5 (UK) SponsorInfo@C5-Online.com

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Harneys is a global offshore law firm with entrepreneurial thinking. Our service is built around professionalism, personal service and rapid response. We have decades of experience providing offshore legal advice, having been established in the British Virgin Islands in 1960. We offer corporate, trust and fiduciary services through our associated corporate and private wealth services business, Harneys Fiduciary.

ASSOCIATE SPONSOR Ardent Chambers is a specialist offshore barrister style chambers based in Jersey. We focus on commercial litigation and trust disputes with a heavy emphasis on fraud, asset-tracing and recovery in both criminal and civil law. Our members are highly regarded expert Jersey Advocates with strong courtroom experience, having appeared in a number of the leading cases in Jersey.

Schellenberg Wittmer is a leading Swiss business law firm with more than 150 lawyers in Zurich and Geneva, and an office in Singapore. We provide a comprehensive range of legal services to a worldwide client base of domestic and international companies and entrepreneurs. We take care of all legal needs – transactions, advisory, disputes. Our White-Collar Crime and Investigations practices are renowned across Switzerland as home to the country’s leading litigation partners in the white-collar crime legal sector.

Planning Ahead for Live Conferences: C5’s All Secure Safety Plan We look forward to the time when we are able to welcome you back to our live conferences.

When you are ready to attend one of our conferences, you will see that a lot has changed. Social distancing and cleaning procedures that have now become a way of life for all of us are now the standard for how we will run our conferences. Our events will continue to offer unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise and now with a greater focus on the safety, health and well-being of all our guests. As C5 and our partners begin to look forward to live events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery. In addition, to ensure your safety, our event staff is fully vaccinated. All our events will adhere to official government and local authority guidance in addition to venue or location-specific regulations. Our live events will follow the commitments below.

Attendance Screening All attendees will need to assert that at the time that they first attend the conference and for the 14 days prior: y Have not experienced any COVID-19 symptoms now or within the last 14 days. y Have not had close contact with any person with or suspected of having COVID-19 within the last 14 days. y Have not had a positive COVID-19 test within the last 14 days. y Have not been advised by any health authority, government agency or regulatory body, within the last 14 days, to self-isolate due to possible exposure to COVID-19. Link to COVID-19 symptoms: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html We are closely monitoring industry best practices and will be evaluating further additional measures pertaining to vaccinations and on-site screening based on the advice of health authorities.

Enhanced Communication y Advance communication to all attendees on what to expect and prepare for at the conference: from registration to conference materials to room layout to food and beverage options and more. y Education and training for the team to ensure we provide a safe and secure conference experience. y Distribution of local health-resource information in advance of the event. y Ongoing communication and advance planning with the venue regarding enhanced cleaning and sanitizing measures, response strategies and other onsite protocols.

Increased Cleaning and Sanitation y Placement of hygiene stations throughout the conference including the registration area, meeting spaces and high frequency areas. y Availability of personal hygiene and safety products including facial coverings where available.

Safety and Physical Distancing y Physical distancing protocols such as limiting attendance, directional signage and markers throughout the conference.

Reduced Touchpoints

y A conference room layout with planned seating for appropriate physical distancing.

y Reduction of the physical distribution of onsite materials.

y We continue to work closely with our venue partners to ensure the safety of our attendees. Please check back frequently as we monitor and evolve our plan in the weeks ahead.

C5-Online.com/FraudGeneva • +44 20 4532 2313

y Food and beverage options that ensure minimal handling and exposure.

Part of C5 Group’s FRAUD & ASSET TRACING SERIES

Yanette Ching, C5

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