2nd Annual IBA Asset Recovery Conference
4 Dec - 6 Dec 2024
Session information
Session five: Targeting professional service providers who are the architects of asset protection and concealment models
Thursday 5 December (1445 - 1545)
Description
This panel session will explore an important and sometimes controversial subject involving:
- The identification of a law firm, accounting practice or other professional firm engaged by an alleged fraudster or recalcitrant debtor for the purpose of building and maintaining an ‘asset protection’ plan (qua an asset concealment fortress).
- A look at what tools are available to an asset recovery team in English common law based jurisdictions to target such firms for accelerated forms of secret/ex parte disclosure of documents. The “mini” Anton Piller (or stand and deliver) order will be considered together with the sealed and gagged disclosure order against a solicitors’ firm (such as in Republic of Haiti and others v Jean-Clause Duvalier and others).
- What remedies are available under the civil law tradition to achieve a similar aim?
- The issue of legal privilege/professional secrecy will be considered. Does privilege protect against the disclosure of documents showing assets or property of a defendant?
- Pursuing solicitors for the balance of a loss (solicitors in the firing line).
Session / Workshop Chair(s)
Martin Steven Kenney | Martin Kenney & Co (MKS), Tortola, British Virgin Islands |
Speakers
Lucy Colter | 4 New Square, London, England |
Anna Gumowska | G3 , London, England |
Rodrigo Kaysserlian | KK Advogados, São Paulo, Brazil; Conference Quality Officer, Asset Recovery Committee |
Eliseo M Martínez | Ius Aequitas Trial Lawyers, Madrid, Spain |
Anthony John Riem | PCB Byrne, London, England |