Introduction to FraudNet

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Presentation transcript:

Introduction to FraudNet

What is FraudNet? Global network of lawyers formed in 2004 Representing victims of fraud, corruption and commercial crime Created at the initiative of the International Chamber of Commerce, “the world business organization” Ranked by Chambers Global as the world’s leading asset recovery lawyer network

The Identified Need: Fraud and corruption are pervasive, complicated and invariably cross national boundaries Makes redress and recovery harder Money moves faster than victims can without sophisticated assistance Victims do not know what to do, or who they can turn to for help Law enforcement has scarce resources Law enforcement’s focus is apprehension of fraudsters, putting them out of business and imposing criminal sanctions FraudNet’s focus is asset identification/recovery for victims

The Response: Create an international network of lawyers that specializes in fraud and grand corruption cases, and focuses on asset identification and recovery

The Result: A 24/7 international rapid deployment force for transnational asset recovery

Who is FraudNet? 77 members from 66 countries All leading practitioners in fraud recovery and asset tracing All immersed in fraud and recovery jurisprudence and legislation

77 members in 66 countries

FraudNet’s Reach: Europe Austria Isle of Man Portugal Belgium Italy Russia Czech Republic Jersey Scotland Cyprus Lebanon Serbia Denmark Liechtenstein Spain France Luxembourg Sweden Germany Monaco Switzerland Greece Netherlands Ukraine Guernsey Norway United Kingdom Ireland Poland

FraudNet’s Reach: Middle East, Asia, Africa, Australasia Australia Mauritius Thailand China New Zealand Turkey Hong Kong Nigeria United Arab Emirates India Pakistan Israel Philippines Japan Senegal Jordan Singapore Kenya South Africa

FraudNet’s Reach: Western Hemisphere Antigua Argentina Bahamas Barbados Belize Brazil British Virgin Islands Canada Cayman Islands Colombia Costa Rica Dominican Republic Dutch Caribbean Guatemala Mexico Panama Uruguay USA

FraudNet Membership Criteria Strict criteria set by members Administered by Standards & Procedures Committee Only experts with a clear track record and significant experience invited to join Exceptional service and unparalleled responsiveness Highest ethical standards

FraudNet Track Record FraudNet members have been retained around the world in fraud and corruption cases Recoveries for victims in the billons of dollars

Representative Private Sector Cases Stanford International Bank Ltd (in Liquidation) (“SIB”) Stanford International Bank, Ltd. was an Antiguan bank that primarily sold certificates of deposit (“CD”s) to approximately 21,000 depositors worldwide. SIB was owned and controlled by a U.S. citizen, Robert Allen Stanford, who used the bank to operate the second largest Ponzi scheme in world history. Estimated losses by CD depositors are $5.5 billion dollars, with the vast majority of victims based or resident in Latin America. To date, $250 million dollars have been recovered for the Estate of SIB. Petroforte Brasileiro de Petroleo (“Petroforte”) In 2003, the third largest petrochemicals distribution enterprise in Brazil collapsed due to apparently fraudulent activities of its proprietor, the late Ari Natalino da Silva. The Judicial Administrator of the bankruptcy estate of Petroforte discovered that some R$200 million in assets had been illicitly taken from the estate by a common economic group between Mr. Natalino’s companies and those of the Banco Rural Group in Brazil. To date, R$500 million of assets have been frozen and / or recovered.

Representative Cases for Governments and Related Agencies Government of Antigua & Barbuda (“GOAB”) Represented the GOAB in case stemming from a fraudulent involving the renegotiation of a debt incurred by GOAB following the construction of a desalination plant in the 1980s. The fraud charges involved the former GOAB Prime Minister Lester Bird, who is alleged to have arranged a foreign national to renegotiate the GOAB’s debt. The fraud cost taxpayers over $25 million in overpayments. Republic of Trinidad & Tobago (“RTT”) Represented the RTT in a case stemming from the execution and attempted cover-up of a bid-rigging scheme spanning over a decade and involving the construction of the Piarco Int’l Airport in the RTT. A civil action was pursued in Florida to enforce judgments in excess of $6 million that it obtained against four defendants as a result of a U.S. criminal case. RTT was also able to invalidate a $50 million airport maintenance contract previously awarded as a result of the fraud. Former PM Basdeo Panday was also indicted in the RTT on allegations of receiving bribes in connection with the project.

Representative Cases for Governments and Related Agencies Haiti In 2009, the Swiss Federal Office of Justice ordered the return of $6 million of assets to Haiti which were allegedly stolen by former President Jean-Claude Duvalier. The Federal Office of Justice made the ruling after it determined that Duvalier failed to prove that the funds were legitimately acquired. Nigeria Represented Nigerian government in connection with the return of over a billion dollars in misappropriated funds by Sani Abacha’s regime. In 1999, Nigeria initiated worldwide mutual assistance and criminal proceedings to recover assets held in numerous jurisdictions, including Switzerland, Luxembourg, Liechtenstein, UK and Jersey. Brazil Maluf Case - represented the São Paulo municipal government and the Brazilian national government in launching a claim in Jersey to recover hundreds of millions allegedly taken as kickbacks by the former mayor of Sao Paulo, Mr. Paulo Maluf. Dos Santos Neto Case – represented the Brazilian government in case involving the embezzlement of $100 million by a Brazilian judge supervising the construction of a Labor Court in Sao Paulo.

Representative Cases for Governments and Related Agencies Republic of Tunisia Represented the government of Tunisia in worldwide recovery proceedings against former President Zine El Abidine Ben Ali and his accomplices who are suspected of embezzling more than $5 billion over a 25 year period.

U.S. Securities & Exchange Commission Selected by the SEC to serve as a receiver and in other instances retained directly by a court appointed SEC Receiver to assist with numerous matters involving securities fraud and ponzi schemes. Proceedings involved asset identification and recovery of fraud proceeds in Greece, Panama, Isle of Man, Switzerland, Germany, Bahamas, Luxembourg, and the United Kingdom among others. Isle of Man Financial Supervision Commission Represented the Commission in the winding up of 7 companies which were alleged to be used in the process and layering of substantial funds accumulated directly from a dishonest scheme designed to defraud Komercni Banka AS. UK Revenue and Customs Prosecution Office Retained at the request of the Revenue and Prosecution Office to enforce a confiscation order pursuant to the Criminal Justice Act 1988. The proceedings involved asset identification and recovery in France, Switzerland, Spain, Gibraltar, Guernsey, and the UK. Scottish Ministers Represent the Scottish government in recovering property obtained through unlawful conduct under the Proceeds of Crime Act 2002.

The FraudNet Approach The Team Approach Legal Counsel Investigators Forensic Professionals State Enforcement Authorities

The FraudNet Approach Stealth with Speed Moving diligently Gags & Seals Investigative Orders

The FraudNet Approach Strategy Managing multi-jurisdictional cases and legal teams Determining where to initiate legal proceedings to maximize results Providing accountability

The FraudNet Approach Specialized Tools 28 USC 1782 Other Disclosure Orders Anton Piller/Banker’s Trust Orders Experience working with domestic/international law enforcement agencies Insolvency regimes Attachments, Seizures and Injunctions

FraudNet’s Value 24/7 responsiveness Local point-of-contact service for victims The resources of a global network of experienced partners to investigate and take action against fraudsters in foreign jurisdictions Increased odds of recovery In appropriate cases, access to financial assistance in effecting recovery

Partnering with the ICC FraudNet’s capabilities complement and enhance the ICC’s efforts Enhanced value delivered to the victims of the illegal acts Avoids need to develop separate expertise and deploy limited resources Willingness to devote resources to develop effective protocols to ensure coordination / cooperation / consistency Avoids piecemeal, ad hoc and ineffective initiatives by third parties Maximizes the likelihood of recovery for victims Ability to assist in enforcing confiscation orders for the Court

Strategic Partners

Thank You