Antonia Mottironi

Ardenter Law

Geneva

amottironi@ardenterlaw.ch Tel: +41 22 722 05 40

Biography

Antonia Mottironi is the founding partner of the Geneva-based law firm Ardenter Law. She advises on the implementation of global strategies aiming at the efficient resolution of complex disputes, in particular in the field of fraud and cross-border insolvency. She represents creditors, foreign insolvency office holders and persons affected by economic crime before Swiss courts and authorities, including law enforcement authorities. Over recent years, she has handled a great number of international asset tracing and recovery cases, which included the freezing of assets and the disclosure of information. She has coordinated multijurisdictional disputes, in particular with common law jurisdictions.

What attracted you to a career in asset recovery?

Rather “who” than “what”. In my case, it was the Italian judges Falcone and Borsellino. Their spectacular (and unbelievable) assassinations broadcasted on all European TVs marked my memory as a child. I later learnt that they had been the first investigative judges to apply the “follow the money” method. It is important to understand that asset tracing is not only reactive but also contributes to prevent crime and, above all, organised crime and mafias. Crime should never pay, but it still does too often.

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

Of course, the launch of my law firm! My peers and clients reiterated their trust and I received strong support from them, which I am very grateful for. Also, the tasks of an entrepreneur, such as deciding on branding, thinking of the core values of my practice or making a business plan, are very rewarding at a personal level.

What skills are needed to successfully collaborate with lawyers, experts and authorities in different jurisdictions?

First, knowing when to start collaborating, too early being usually better than too late. Then knowing to listen, being responsive to cultural differences, understanding the motivations and (often hidden) agendas of the various stakeholders; but also knowing how to position oneself, defend one's ideas and say no when necessary. I also think that a good ATR practitioner must have good acceptance for risk.

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

I always wonder first how many resources my client wants to spend, in time, money and energy (in particular when the client is an individual) with regard to the outcome desired. The first consideration is to give a value to the claim, to reason in terms of final P&L and risk assessment. Then, of course, one considers the usual issues of choice of jurisdiction, location and valuation of assets, coordination of teams and so on. It is also very important to constantly monitor the strategy decided and to have the courage to change it. Developing a strategy is key to show the way, but having the capacity to face a pitfall or a failure and to consider it as an opportunity is key to achievement.

In your opinion, what are the biggest challenges cryptocurrencies and the digital economy pose to lawyers working in this area?

From a litigation perspective, the international nature of the transactions involved and anonymity of the various players raise many issues but I like to think that this world is not that different from the pretech world where gold bars and bundles of banknotes were hidden in strollers or transformed into luxury watches. Non-fungible tokens (NFTs) and cryptos serve the good and the devil, as cash did. It is therefore difficult to mitigate the risks implied by these new means of transaction. I have noted a large effort from the legal profession, experts and authorities to inform and educate the public on the digital economy, which can only be applauded. We do need more knowledge, understanding and trust in NFTs and cryptos on both sides of the bench to remain at the cutting edge of asset recovery.

If there was one reform you could implement in global asset recovery practice, what would it be and why?

This is a difficult question. Asset recovery involves many types of proceedings and jurisdictions so the legal framework is complex. Any reform must be carefully designed. There is undoubtedly a lack of harmonisation and transparency but at the same time, it is important to preserve cultural and judicial traditions, as well as individuals’ privacy. Many treaties exist on international cooperation (both in criminal and civil assistance) but there are many loopholes or overlaps. UNCITRAL currently has a working group on asset tracing and recovery but we are far from the adoption of a model law or guidelines. It is being accepted to consider asset tracing in light of criminal law, which is good news for practitioners from civil law jurisdictions. It is also a step forward for the commission to acknowledge that asset tracing and recovery imply the use not only of one tool but a combination of criminal, commercial and insolvency proceedings. Fraud, corruption and money laundering have to be appraised in all these aspects. Last but not least, an involvement of ATR practitioners in education and training of students may raise awareness about the fact that organised crime is close to them and not a fantasy for series, a reality that requires concrete actions and a constant watch.

Why did you decide to set up your own firm?

For my idea of freedom and independence. I have never believed that my job, even while being an employee in law firms, merely consisted of performing legal tasks but rather implied a close relationship with the clients and an in-depth knowledge of a case. It has always been natural to me to take responsibility for my decisions. It came therefore naturally that I had to run my own firm.

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

Think outside of the box, be at the frontline, maintain courage in the face of obstacles, surround yourself with talented and diverse people and have fun!

WWL says: Antonia Mottironi is singled out for her “extensive experience in asset recovery”, coming “highly recommended” as “a renowned specialist in the area”.