Presented by: Edward H. Davis, Jr. and Jeff Lane Hong Kong, March 11, 2011.

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Presentation transcript:

Presented by: Edward H. Davis, Jr. and Jeff Lane Hong Kong, March 11, 2011

What Is FraudNet? Global network of lawyers Global network of lawyers Representing victims of fraud, corruption and commercial crime Representing victims of fraud, corruption and commercial crime Created at the initiative of the ICC Created at the initiative of the ICC Trace and recover money, assets and proceeds of crime Trace and recover money, assets and proceeds of crime

International Chamber of Commerce “The world business organization” “The world business organization” Headquartered in Paris Headquartered in Paris Offices in more than 70 countries Offices in more than 70 countries Commercial Crime Secretariat in London Commercial Crime Secretariat in London

The Need: Fraud and corruption are pervasive, complicated and invariably cross national boundaries Fraud and corruption are pervasive, complicated and invariably cross national boundaries This makes redress and recovery harder This makes redress and recovery harder Money moves faster than victims can without sophisticated assistance Money moves faster than victims can without sophisticated assistance Victims do not know what to do, or who they can turn to for help Victims do not know what to do, or who they can turn to for help Fraud is a lower priority for law enforcement who have to deploy scarce resources Fraud is a lower priority for law enforcement who have to deploy scarce resources Law enforcement’s focus is apprehension of fraudsters, putting them out of business and imposing criminal sanctions Law enforcement’s focus is apprehension of fraudsters, putting them out of business and imposing criminal sanctions Our focus is asset recovery for fraud and corruption victims Our focus is asset recovery for fraud and corruption victims

The Plan: The Plan: Create an international network of lawyers that specialize in fraud and grand corruption cases, and focus on asset identification and recovery Create an international network of lawyers that specialize in fraud and grand corruption cases, and focus on asset identification and recovery

The Result: The Result: A 24/7 transnational, integrated, cohesive, vetted, experienced asset recovery rapid deployment force A 24/7 transnational, integrated, cohesive, vetted, experienced asset recovery rapid deployment force

Who is FraudNet? 57 members from 50 countries 57 members from 50 countries All leading practitioners in asset tracing and recovery All leading practitioners in asset tracing and recovery All members are immersed in fraud and recovery jurisprudence and legislation All members are immersed in fraud and recovery jurisprudence and legislation

FraudNet’s Reach Europe and Scandinavia AustriaIrelandFinland BelgiumIsle of ManNorway United KingdomItalyUkraine FranceJerseyCyprus GermanyLiechtenstein GibraltarLuxembourg NetherlandsSpain GreeceSwitzerland GuernseyPoland

FraudNet’s Reach The Middle East, Asia and Africa United Arab Emirates Israel Hong Kong IndiaPakistanNigeriaMauritius

FraudNet’s Reach Western Hemisphere ArgentinaPeru BahamasSt Kitts and Nevis Bermuda Mexico BrazilUruguay British Virgin IslandsUSA Canada Cayman Islands Chile Costa Rica Guatemala Panama

FraudNet’s Reach Pacific and the Far East Australia New Zealand PhilippinesSingaporeThailand

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

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

Representative Cases for Governments United Kingdom United Kingdom Trinidad & Tobago Trinidad & Tobago Antigua & Barbuda Antigua & Barbuda Guatemala Guatemala Nigeria Nigeria Brazil Brazil Maldives Maldives

Representative Multi-Jurisdictional Asset Recovery Cases Petroforte Petroforte Stanford Investment Bank Stanford Investment Bank CDR/Cohen CDR/Cohen Banco Santos Banco Santos Tradex Tradex

The FraudNet Approach The Team ApproachThe Team Approach – Legal Counsel – Investigator – Forensic Professionals

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

The FraudNet Approach Strategy Strategy Managing multi-jurisdictional cases Managing multi-jurisdictional cases Where to bring proceedings Where to bring proceedings Accountability Accountability

FraudNet Approach Specialized Tools Specialized Tools 28 USC USC 1782 Anton Piller/Banker’s Trust Orders Anton Piller/Banker’s Trust Orders UNCITRAL Ancillary Bankruptcy Proceedings UNCITRAL Ancillary Bankruptcy Proceedings Mareva by Letter Mareva by Letter Civil Law Criminal Proceedings Civil Law Criminal Proceedings MLATs MLATs

FraudNet’s Value 24/7 responsiveness 24/7 responsiveness Local-point-of-contact service for victims Local-point-of-contact service for victims The resource of a global network of partners to investigate and take action against fraudsters in foreign jurisdictions The resource of a global network of partners to investigate and take action against fraudsters in foreign jurisdictions Increased odds of recovery Increased odds of recovery In appropriate cases, assisting with access to financial assistance in effecting recovery (third party funding, contingency fee structures, etc). In appropriate cases, assisting with access to financial assistance in effecting recovery (third party funding, contingency fee structures, etc).

Training and technical assistance Training and technical assistance Sharing experiences and identifying best practices Sharing experiences and identifying best practices Additional Value

Presented by: Edward H. Davis, Jr. Hong Kong, March 11, 2011