Fraud

The following session took place during the ABI International European Insolvency Symposium in October 2024. This panel will discuss how to deploy an effective strategy to uncover and seize hidden assets in a multi-jurisdictional bankruptcy involving a complex corporate structure. The panelists will also discuss other options that may be available to a foreign officeholder and any recent developments that may affect a recovery strategy, and will cover any downside risks of pursuing recognition and ancillary relief. All sessions from this conference can be accessed at https://cle.abi.org/.

There are no materials for this panel.

Speakers:

Rebecca Hume, Moderator
Howard Kennedy LLP | London, UK
Stéphane Bonifassi
Bonifassi Avocats | Paris, France
Crispin Daly
Howard Kennedy LLP | London, UK
Sushmita Gandhi
INDUSLAW | Mumbai, India
Alexandre Le Ninivin
Oxynomia Avocats | Paris, France

The following session took place during the Annual Spring Meeting in April 2024. Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Michael D. Napoli, Moderator
Akerman LLP | Dallas
Kimberly K. Crabbe-Adams
Harneys | Road Town, Tortola, British Virgin Islands
R. Craig Martin
DLA Piper | Wilmington, Del.

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Joel E. Cohen, Moderator
Stout Risius Ross, LLC | New York
Kieran W. Hutchison
EY | Grand Cayman, Cayman Islands
Sam Lieberman
Sadis & Goldberg LLP | New York
Bhavesh N. Patel
Travers Thorp Alberga | Grand Cayman, Cayman Islands

The following session took place during International Insolvency Forum in November 2020. Panelists from IWIRC's Latin America network will explore the tools available and strategies for recovering assets in cross-border insolvencies from a Latin American perspective. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Aimee Prieto, Moderator
Prieto Cabrera & Asociados; Santo Domingo, Dominican Republic
Pamela Goldbaum
Lathrop & Blanco Abogados; Las Condes, Chile
Susana Hidvegi
Chief Judge of the Business Bankruptcy Court; Colombia
Marlyn Narkis Assis
MDU Legal; Panama
Nyana Miller
Sequor Law; Miami, USA
Rosa Rojas Vértiz C.
Rojas Vértiz; Mexico City, Mexico