Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1.

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Presentation transcript:

Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

Hogan Lovells Cypriot search order Jason Hercules Use of backdated trust documents "the date we have in the trust deed.... the date we need...." 2

Hogan Lovells Yahoo! Disclosure order made against the address (Syrym) c.30 files of s and attachments disclosed 3

Hogan Lovells Yahoo! Repeated orders against numerous accounts – all then believed to be run by Shalabayev – c.70 files of s and attachments disclosed Effectively permitted real-time monitoring of the accounts without the account-holder's knowledge 4

Hogan Lovells Yahoo! Demonstrated non-disclosure of assets on a massive scale Also demonstrated ongoing dealings in frozen assets → Allowed a committal application to be brought in relation to 19 allegations of non-disclosure and 13 allegations of dealings with frozen assets 5

Hogan Lovells IP addresses Yahoo! also required to provide the IP addresses from which the accounts were accessed: –provides information which can be used to track a fugitive –used to prove that all the accounts were in fact being administered by Shalabayev 6

Hogan Lovells The upshot "The stuff that litigators' dreams are made of" Eureka! 7

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