Andrew Michael Garbarski

Bär & Karrer Ltd

Geneva www.baerkarrer.ch

andrew.garbarski@baerkarrer.ch Tel: +41 58 261 57 00

Biography

Andrew Garbarski co-heads Bär & Karrer's white-collar crime practice group. He specialises in administrative criminal law, international judicial and administrative assistance, as well as financial and commercial litigation and insolvency. During recent years, Andrew Garbarski's work has encompassed, among others, complex multi-jurisdictional financial crime and asset recovery matters, as well as the representation of clients before the Swiss prosecution authorities and courts. He is the author of numerous articles within his fields of specialisation and is a frequent speaker at seminars and conferences.

What attracted you to a career in asset recovery?

When defending the victim of a financial crime or the harmed party in a commercial dispute, what matters most is to obtain reparation of the suffered harm. Asset recovery is one of the means to achieve this goal. Moreover, asset recovery is a multidisciplinary practice area, which requires skills in various areas of the law (substantive law, procedural law, debt enforcement, etc.). This makes it even more interesting to navigate.

What have been the highlights of your practice in the past year?

We recovered the shares beneficially owned by a client in a Swiss company active in the high-end watch industry, and which had been misappropriated by the offender, who held the shares on trust. One of the challenges was to recover our client's asset without creating too much noise around the dispute, as it would have negatively impacted the value of the company.

In another case, relating to the enforcement of a foreign judgment, we managed to trace and freeze a dozen very valuable master paintings that the debtor and his entourage had hidden in the Geneva Freeport via a web of shell companies and sham trusts.

Finally, very recently, our team secured the criminal conviction of two individuals in a €18 million fraudulent scheme and our client, the victim, was allocated substantially all assets held or beneficially owned by them in Switzerland, which have been confiscated by the criminal authority.

What do clients look for in an effective asset recovery lawyer?

One needs to be creative, quick, solution and result-oriented, with a well-planned strategy anticipating scenarios and likely reactions of the other side.

What are some of the most challenging jurisdictions and issues facing asset recovery lawyers today?

When assets are located in uncooperative jurisdictions and/or held through a web of corporations or individuals acting as nominees. Competition between various creditors trying to recover the very same assets can also lead to challenging situations.

What are the main considerations when developing strategies for the international search and recovery of assets?

From the outset, build a multi-jurisdictional team of reliable lawyers, set out key strategies and scenarios and hire experts (e.g. private investigators, forensic accountants) where appropriate.

What role do you see thirdparty funding playing in asset recovery litigation moving forward?

Their role will likely increase, although their footprint in Switzerland remains limited for the time being, as far as I can see.

As co-head of the firm’s whitecollar crime practice group, what are your main priorities for the group’s development over the next few years?

My main priority is to continue delivering high-quality work product to our clients, grow the business with our team of committed and talented young lawyers, and maintain the excellent cooperation that we have across our firm’s offices in the white-collar and investigations practices.

What advice would you give to someone starting out in asset recovery?

Be curious, creative and result oriented.

WWL says: The “excellent” Andrew Michael Garbarski receives plaudits for his “tactical thinking, professionalism, and great technical skills” in asset recovery cases.