Post-Conference Workshop C - Thursday, 12 June 2008

Multi-Jurisdictional Concealed Asset Recovery

Workshop Timing: Registration will commence at 8:00. The workshop will begin at 8:30 with refreshments being served at appropriate intervals. The workshop will conclude at 14:30, after which lunch will be served.

Introduction
The purpose of the workshop is to, at a brisk pace, traverse a path through all of the key components necessary to develop and implement a global concealed asset recovery model that is calculated to unfold dynamically in many jurisdictions at once. The journey will rapidly move through the strategic, tactical and model-building terrain used to achieve restorative civil justice in very substantial value and highly complex serious fraud or grand corruption cases. Extensive written material will be provided to each attendee as a resource to refer to when seeking to recover assets taken by deceit.

Workshop Highlights:
• First Principles
  - What is a serious fraudsman?
• The Language of Hiding
  - The money laundering cycle
  - Placement, layering and integration
• Inverting the Fraud Paradigm
  - Redefinition of the victim
• Unravelling the Fraudster’s Web
  - Overarching goals and objectives
  - Locating concealed wealth
• The Fundamentals of the Civil Asset Recovery Action
  - Selecting the place of judgment
• Accessory Civil Liability
  - Civil conspiracy
  - Conspiracy to defraud creditors
• Model Building
  - Travelling to the scene of the crime
• Polygraph Examinations
• Investigation – The Judicial Process
  - The need for utmost secrecy
• Link Analysis
• Pre-Emptive Strikes to Freeze Assets
  - Freeze orders/Mareva injunctions
• Holding the Freeze – A Case Study
• Financing the Cost of the Asset Recovery Process
  - Financing litigation and investigations generally
• Obstacles on the Path to Recovery
  - Multi-jurisdictional mix

Workshop Leader:

Martin S. Kenney, Principal
Martin Kenney & Co., Solicitors,
British Virgin Islands

Martin S. Kenney is the principal of the British Virgin Islandsbased multi-disciplinary practice of Martin Kenney & Co., Solicitors. Kenney is a specialist investigative and litigation lawyer in multijurisdictional economic crime and international serious fraud. Miami based Offshore Alert has said that Kenney is “one of the world’s leading authorities on the legal aspects of freezing and seizing assets in multiple jurisdictions”. The Financial Times (US Edition) has called him a “top international asset chaser”. The Canadian Lawyer Magazine (Toronto) has said that he “…just may be – considering his Robin Hood reputation and his bulldog legal tactics – one of the most determined and trusted lawyers around”. His work has been featured by Mike Wallace of CBS 60 Minutes; the CBC’s Fifth Estate; the Chicago Tribune; the Canadian Lawyer, and numerous other media outlets.

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