19th Edition Fraud, Asset Tracing & Recovery GENEVA - WEB

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19th Edition

FRAUD, ASSET TRACING & RECOVERY 13–14 March 2025

Hotel President Wilson Geneva

The World's Foremost Networking Opportunity for Practice Leaders, Trailblazers and Innovators

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Sunrise Stretch Sponsor

C5-Online.com/FraudGeneva

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Experience the C5 Difference.

Join the Premier Fraud and Asset Recovery Event to Meet and Learn From the Very Practitioners You Want to Do Business With.

Practitioners at the helm of the largest, most significant high-profile matters routinely choose the C5 Geneva conference over other events. We look forward to seeing you on 13–14 March 2025, for two full days of innovative and practical discussions!

Content That Stands Apart | Featured Sessions for 2025 Fraud Café Roundtable Series Connect in smaller groups through a series of roundtable discussions on the most pressing issues coming across practitioners’ desks.

Updates from Judges and Regulatory Officials from Key Jurisdictions Members of the Bench and Regulatory Agencies will share first-hand insights related to global fraud and asset recovery proceedings.

Economic Crime and Corporate Transparency Act An analysis of the UK and International Approaches for Financial Institution Liability and Failure to Prevent Fraud.

High Net-Worth Contentious Disputes An exploration into new, creative strategies for provisional measures and remedies that are available in high-value matters.

The Crossover Between Civil and Criminal Matters An examination into fraud and asset recovery in matters where criminal enforcement authorities are involved.

Policing and Enforcing Freezing Orders A review of the nuanced affecting the enforcement of freezing orders.

Stories on Complex Cross-Border Asset Recovery An open mic think tank–with a champagne toast–to share tips on overcoming high stakes obstacles to recovery.

Digital Asset Recovery and Tracing of Data New ways in which AI-enhanced investigations are being utilized to interrogate data.

Arbitration, Injunctive Relief, Frozen Assets and Disclosure Hear from practice leaders on how to to tackle the most vexing, high stakes obstacles—from selecting the right venue, serving orders against unknown individuals and entities-and beyond.

Join Your Peers for a Fabulous Ski Weekend!* As in previous years many of the delegates will be heading off to Chamonix for what is now THE traditional, fun-filled après-conference skiing weekend after the conference ends on Friday afternoon.

Chamonix is approximately 45 minutes to an hour away depending on traffic. There is no hotel booked for the weekend, but many will reserve a room at Chamonix-Mont-Blanc. Reservations have been made for a group dinner at 20:00 on Friday evening at Restaurant Satsuki; and another group dinner on Saturday evening at 20:00 - at Restaurant Le Cap-Horn in the centre of Chamonix. ALL ARE WELCOME — whether skiers or not as the weekend is a great way to continue the bonhomie of the Geneva event. Those of you who are planning on attending please email Leonie Stevens (lstevens@petersandpeters.com) and Sandrine Souvannavong (sandrine.souvannavong@baerkarrer.ch) as soon as possible. * Please note that the ski trip is not included in the conference registration fee.

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Fraud, Asset Tracing & Recovery GENEVA – SINCE THE FIRST EDITION

1,200+

500+

ATTENDEES

ORGANISATIONS

450+

48+ COUNTRIES 6 CONTINENTS

SPEAKERS

For close to twenty years, the “who’s who” from around the globe have made it a point to attend this event—widely recognised as the flagship reunion of the year. From re-connecting to forging new contacts, this is truly the place to be! Join us for extended networking breaks and luncheons, with large and smaller-group discussions on high-stakes, pressing challenges.

Founding Partner, Ardentěr Law (Switzerland)

This is the go-to conference for international asset tracing and recovery, where the best practitioners in the filed converge to debate and share their highly valuable experience.

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Very enjoyable and informative.

Great opportunity to catch up with like-minded practitioners from around the world.

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SPEAKERS

Speaker Faculty CONFERENCE CO-CHAIRS

Partner Harneys (British Virgin Islands)

Ilias Anagnostopoulos Partner Anagnostopoulos (Greece)

Céline Gautier Partner Borel & Barbey (Switzerland)

Jonathan W. Graessle

Senior Manager BDO (USA)

Tara Archer-Glasgow

Axel Benjamin Herzberg

George Ayoub

Martin Kenney

Partner Milbank LLP (UK)

Partner Schellenberg Wittmer (Switzerland)

Head of Firm MKS Law (British Virgin Islands)

Jane Colston

Bébhinn Bollard

Dmytro Marchukov

Saverio Lembo Partner Bär & Karrer Ltd (Switzerland)

Mona Vaswani

Partner Brown Rudnick LLP (UK)

Keith Oliver

Head of International Peters & Peters Solicitors LLP (UK)

VIEW FROM THE BENCH The Hon. Olivier Thormann

Partner Higgs & Johnson (The Bahamas)

Partner McCann FitzGerald (Ireland)

Benjamin Borsodi Partner Schellenberg Wittmer LTD (Switzerland)

Charles Bott KC Head of Advocacy MKS Law (UK)

Président de la Cour d’appel Tribunal Pénal Fédéral (Switzerland)

Markus Brinkmann

The Hon. Mr. Justice Nick Segal

Rachel Cropper-Mawer

Judge of the Grand Court, Cayman Islands; Assistant Justice Supreme Court of Bermuda (Cayman Islands and Bermuda)

The Hon. Mr. Justice Robin Knowles

Judge Royal Courts of Justice (UK)

GOVERNMENT SPEAKER Matthias Obrecht

Head Market Analysis Swiss Financial Market Supervisory Authority (FINMA)

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Jonathan Addo

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Partner BDO Germany (Germany)

Partner Ogier (Jersey)

Partner Bodenheimer (Germany)

Partner INTEGRITES (Ukraine)

Jeremy Marshall

Aimée Prieto Partner

Prieto Cabrera & Asociados (Dominican Republic)

Héctor Sbert Partner ECIJA (Spain)

Evelyn Sheehan

Partner Kobre & Kim (USA)

Franziska Studer

Co-Head of Switzerland, France & Benelux Nivalion AG (Switzerland)

Paul Tan

Barrister One Essex Court (Singapore / UK)

Chief Investment Officer and Managing Director Winward U.K. Limited (UK)

Natalie Todd

Andrew McLeod

Fabio Trevisan

Barrister One Essex Court (UK)

Sarah Murray

Partner Stevens & Bolton (UK)

Christopher A. Noel Counsel Sequor Law (UK)

Jean-René Oettli Partner Borel & Barbey (Switzerland)

Partner Cooke, Young & Keidan LLP (UK) Partner Bonn Steichen & Partners (Luxembourg)

Abraham Vergis

Managing Director Providence Law Asia (Singapore)

Oren Warshavsky

Partner Baker & Hostetler LLP (USA)

Keith Williamson

Partner Simmons & Simmons LLP (UK & UAE)

John Oxenham

Partner Primerio (South Africa)

Managing Director Alvarez & Marsal Disputes and Investigations LLP (UK)

Stavros Pavlou

Barrister 5 Paper Buildings (UK)

Executive Chairman Patrikios Pavlou & Associates LLC (Cyprus)

Grzegorz Woźniak

Rebecca Dix

Sophie Eyre

Caroline Phipps

Ed Crosse

Partner Bird & Bird (UK)

Paul G. Feldberg

Partner Brown Rudnick LLP (UK)

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Managing Partner Woźniak Legal (Poland)

Dan Wyatt

Principal LK Law (UK)

Partner Reynolds, Porter Chamberlain LLP (UK)

Alex Potts KC

Daniel J. Zappelli

Barrister 4 Pump Court (UK)

Partner Vafadar Sivilotti Zappelli (former Attorney General of the Republic and District of Geneva) (Switzerland)

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CONFERENCE DAY ONE

Thursday, 13 March 2025 7:00

Sunrise Stretch Jane Colston

Be sure to join us for a 30-minute, early bird yoga session led by Jane Colston; a yoga accredited instructor.

8:00

Registration and Networking

9:00

Opening Remarks from the Co-Chairs Saverio Lembo

Mona Vaswani

Partner Bär & Karrer Ltd. (Switzerland)

8:45

Partner Brown Rudnick LLP (UK)

Partner Milbank LLP (UK)

Fraud Café Roundtable Series

Settle in and connect with your peers through a series of rotating roundtable discussions. This interactive, ice-breaking session will operate as a series of 25-minute Roundtable discussions — where the speakers and audience can switch tables thereafter for discussion on the other hot button issues. We will then hear from each of the Roundtable speakers as they provide us with a recap of key takeaways:

ROUNDTABLES 1. Fraudulent and Negligent Misrepresentation: A Comparative Analysis of the Fallibility of Memory, the Unreliability of Oral Evidence, and the Importance Which Judges Should Place on Contemporaneous Documents Ilias Anagnostopoulos

Rachel Cropper-Mawer

Partner Anagnostopoulos (Greece)

Partner Ogier (Jersey)

2. Opportunities and Challenges in Fraud and Asset Recovery Matters in Light of the Policies of the New U.S. Administration Oren Warshavsky

Partner Baker & Hostetler LLP (USA)

3. Litigation Funders, Investigators and Asset Recovery Practitioners: Bringing the Fight to the Fraudsters and Recovering for Your Clients Franziska Studer

Co-Head of Switzerland, France & Benelux Nivalion AG) (Switzerland)

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Christopher A. Noel Counsel Sequor Law (UK)

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Jeremy Marshall

Chief Investment Officer and Managing Director Winward U.K. Limited (UK)

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MAIN CONFERENCE DAY 1

10:00

Roundtable Recap: Takeaways and Lessons Learned from our Roundtables

10:15

Extended Networking Break

10:45

Digital Communications and Body Language

Communicating and Connecting in a Digital World. We mainly “email or text the talk” and do less “face to face” and more “screen to screen”. Given we are lawyers/professionals who are used to writing the talk, we must be good at this right? Jane will in this interactive session discuss the often unknown problems with digital communications (e.g the use of a full stop or exclamation mark) and how we can by different behaviour build rapport and trust to avoid misunderstandings. To improve your leadership and team’s performance get ready to pick up your phones, understand (e.g your emojis, punctuation, your cc versus your bcc lines) and carry out an audit of your digital style.

11:15

Jane Colston

Partner Brown Rudnick LLP (UK)

The Crossover Between Civil and Criminal Matters: Recovering Assets in Fraud Investigations Where Criminal Enforcement Authorities Are Involved

Many schemes perpetrated by fraudsters constitute federal crimes, so international law enforcement agencies are often involved and utilized to aide in recovery. As such, it is important to consider the finer points of participating in investigations that will—or are— being conducted by criminal enforcement entities.

Join us in this session as our panelists discuss what can happen to fraudsters and victims in a civil matter when law enforcement is involved. Topics of discussion include: • AML reporting considerations for victims of fraud during litigation or settlement discussions that are aimed at recovering assets from parties responsible for the fraud • Account freezing and forfeiture orders, restraint orders and other mechanisms under the Proceeds of Crime Act • Advanced tracing and international tracking mechanisms • Compensation orders vs. confiscation orders • Assistance with assessing, organizing, and litigating civil and criminal asset forfeiture actions

Benjamin Borsodi

Partner Schellenberg Wittmer LTD (Switzerland)

Evelyn Sheehan

Partner Kobre & Kim (USA)

Charles Bott KC Head of Advocacy MKS Law (UK)

Rebecca Dix

Barrister 5 Paper Buildings (UK)

• Remission and equitable restoration of assets and forfeited funds to victims

Jean-René Oettli

Partner Borel & Barbey (Switzerland)

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MAIN CONFERENCE DAY 1 12:15

Crypto Disputes and the Evolving Suite of Relief for Victims: What Does it Take to Recover for Your Client?

There is still a lot of uncertainty regarding the underlying substantive crypto claims relating to fraud, where there arguably remain more questions than answers. Unfortunately, for many fraud and asset recovery practitioners, they are not well understood and create a variety of issues and challenges.

Dan Wyatt

Partner Reynolds, Porter Chamberlain LLP (UK)

Join us in this informative session as our panel of crypto experts offer detailed responses to many of the questions you want to know the answers to, such as:

Jonathan W. Graessle Senior Manager BDO (USA)

• What does the future of crypto look like?

Abraham Vergis

• What lessons have crypto natives and practitioners taken from the last 12 months?

Managing Director Providence Law Asia (Singapore)

• How can we combat fraudsters that are using blockchain to conceal their activity and evade detection?

• How do crypto fraudsters commonly seek to off-board fraudulently obtained crypto or fiat?

Sarah Murray

• What are their thoughts on international recognition of court orders in decentralised and borderless ecosystems?

13:00

Partner Stevens & Bolton LLP (UK)

Networking Luncheon

14:15

View from the Bench The Hon. Olivier Thormann

The Hon. Mr. Justice Robin Knowles

The Hon. Mr. Justice Nick Segal

Ed Crosse

Président de la Cour d’appel Tribunal Pénal Fédéral (Switzerland)

Judge Royal Courts of Justice (UK)

Judge of the Grand Court, Cayman Islands; Assistant Justice Supreme Court of Bermuda (Cayman Islands and Bermuda)

Partner Simmons & Simmons LLP (UK)

Supported by

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MAIN CONFERENCE DAY 1 15:00

Arbitrations, Injunctive Relief, Frozen Assets and Disclosure: Practitioner Tips for Overcoming Vexing, High Stakes Obstacles

Most fraud victims are concerned about how they can recover from the losses they have suffered, and there are often significant challenges when there are: frozen assets; assets subject to arbitration orders and matters with conflicting disclosure orders. These matters are compounded when the assets and orders involve multiple jurisdictions.

When a high-value fraud involves a number of these jurisdictions, it becomes a very complex landscape within which fraud practitioners must navigate, and requires focus and consideration of conflicting regimes, class priorities, foreign substantive law, and an array of other foreign insolvency and fraud-related proceedings. Bring your questions, as our experts address some of the most pressing and difficult challenges in complex matters that include these jurisdictions, such as: • Challenges in selecting the right forum(s) and venue(s) to prevent delay, gain momentum and improve chances of asset recovery • Issues with obtaining and serving orders against unknown individuals and organizations • What can be done to overcome a lack of cooperation between private practitioners and enforcement authorities in the affected jurisdictions • Handling the different approaches taken to disclosure, discovery and un-freezing assets in Civil and Common Law jurisdictions

15:45

Dmytro Marchukov

Partner INTEGRITES (Ukraine)

Natalie Todd

Partner Cooke, Young & Keidan LLP (UK)

Grzegorz Woźniak

Managing Partner Woźniak Legal (Poland)

Axel Benjamin Herzberg Partner Bodenheimer (Germany)

Stavros Pavlou

Executive Chairman Patrikios Pavlou & Associates LLC (Cyprus)

Networking Break 16:00

High Net-Worth Contentious Disputes: Creative Remedies That are Available to Repatriate High-Value Assets

It is not uncommon for high net-worth individuals to conceal their wealth in complex holdings, trusts, and other methods of hiding those assets. To effectively identify and value assets that have not been disclosed — or are grossly undervalued, it is important to utilize the latest legal, forensic and investigative tools to trace, trap and repatriate those hidden assets.

Some of the challenges, tools and assets that will be discussed in this engaging session include: • Hurdles to gathering evidence in multiple foreign jurisdictions

Jonathan Addo

Partner Harneys (British Virgin Islands)

Paul Tan

Barrister One Essex Court (Singapore / UK)

Caroline Phipps

• How to obtain and serve freezing orders against international parties

Principal LK Law (UK)

• Forum and Venue: Challenges in selecting and changing the “battlefield” to speed up the cases, gain momentum and improve chances of asset recovery

Markus Brinkmann

• How to effectively and ethically utilize forensic accounting and corporate intelligence for high stakes asset recovery investigations • Creative use of provisional measures, pre-judgment remedies, and insolvency tools

Partner BDO Germany (Germany)

Tara Archer-Glasgow

Partner Higgs & Johnson (The Bahamas)

17:00

END OF DAY ONE & NETWORKING COCKTAIL RECEPTION

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CONFERENCE DAY TWO

Friday, 14 March 2025 7:30

Sunrise Stretch Jane Colston

Be sure to join us for a 30-minute, early bird yoga session led by Jane Colston; a yoga accredited instructor.

8:50

Partner Brown Rudnick LLP (UK)

Conference Co-Chairs’ Opening Remarks Jane Colston

Keith Oliver

Partner Brown Rudnick LLP (UK)

•

9:15

•

Head of International Peters & Peters Solicitors LLP (UK)

Economic Crime and Corporate Transparency Act: A Look at the UK and International Approaches to Financial Institution Liability and Failure to Prevent Fraud

Join us as our panelists explore the domestic and international ramifications of the UK Act. Topics and questions for discussion include: • Why does the new corporate offence matter for individual officers and organizations that are incorporated or located outside of the UK? • Whose actions may lead to corporate criminal liability for fraud and other offences?

• What do “reasonable prevention procedures” look like? » Robust but proportionate? » Is liability triggered where the organisation is the intended victim of the associated person’s conduct?

• What will the approach be for international enforcement authorities as a result of the Act?

Mona Vaswani

Partner Milbank LLP (UK)

Sophie Eyre

Partner Bird & Bird (UK)

Paul G. Feldberg

Partner Brown Rudnick LLP (UK)

• Does the intention to benefit the business have to be the sole or dominant motivation for the fraud?

• Will the offence apply to UK organisations whose overseas employees or subsidiaries commit fraud abroad with no UK nexus, or is this a matter for law enforcement in the country concerned?

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MAIN CONFERENCE DAY 2 10:15

Digital Asset Recovery and Tracing of Data: How AI-Enhanced Investigations Are Being Utilized to “Interrogate” Data

The landscape and shifting locations of digital assets make it critical to have effective tools for interpreting the data and tracing the assets across the chain. However, the mission does not end with discovering the location of the assets; it is important to keep up with the technology in order to get to the data and interpret it quickly.

Be sure to join us in this session, as we examine: • Best practices for tracing the data • Ways to recover the data • The advantages of “Interrogating” the data using Artificial Intelligence • Court responses to evidence derived from AI and other technologies

11:15

Partner McCann FitzGerald (Ireland)

Keith Williamson

Managing Director Alvarez & Marsal Disputes and Investigations, LLP (UK)

Alex Potts KC

Barrister 4 Pump Court (UK)

Extended Networking Break

11:45

A View from FINMA Matthias Obrecht

Head Market Analysis Swiss Financial Market Supervisory Authority (FINMA)

12:15

Bébhinn Bollard

Saverio Lembo

Partner Bär & Karrer Ltd. (Switzerland)

Making or Breaking an Asset Recovery Case: Important Updates and Critical Issues that Practitioners are Facing in Multi-Jurisdictional Fraud Matters

In an asset recovery case, much of the most pertinent information lies outside the jurisdiction of the fraudster and the victim. In addition, the ability to retrieve data from a wide array of sources across borders — and in different languages — is critical.

Be sure to join us in this session as we will hear from practitioners and investigators who continue to be involved in some of the most impactful and high-profile criminal and civil matters. We will discuss anticipated and unanticipated developments in the fraud landscape and trace the steps that are needed to recover for your clients. Key topics for discussion: • Best practices for improving communication and cooperation between practitioners — and enforcement authorities — in multiple jurisdictions • The role of counsel and cross-border investigation firms in seeking pre-judgment remedies and litigation • Evidence gathering and corporate intelligence • Worldwide injunctive relief mechanisms

Martin Kenney

Head of Firm MKS Law (British Virgin Islands)

Fabio Trevisan

Partner Bonn Steichen & Partners (Luxembourg)

Andrew McLeod

Barrister One Essex Court (UK)

Aimée Prieto

Partner Prieto Cabrera & Asociados (Dominican Republic)

Daniel J. Zappelli

Partner Vafadar Sivilotti Zappelli (former Attorney General of the Republic and District of Geneva) (Switzerland)

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MAIN CONFERENCE DAY 2

13:15

Networking Luncheon

14:30

Policing and Enforcing Freezing Orders: How to Ensure Your Freezing Order Holds the Ring to Trial

When considering the enforcement of freezing orders, many jurisdictions hold that a suspicion, fear or speculation of the dissipation — or movement — of assets is not sufficient.

An existence of sophisticated financial structures, a history of proven dishonesty, avoiding paying a judgment debt and a failure to provide asset information in response to a court order will all be relevant, but still not determinative on their own.

George Ayoub

Be sure to join us in this session as our panelists review the key considerations when seeking to enforce freezing orders, such as:

Partner ECIJA (Spain)

• What to do when there is a breach

John Oxenham

• Considerations when a receiver has — or will be — been appointed • Best practices for bringing proceedings for contempt • Factors that courts will take into account when examining the risk of dissipation of assets

Partner Schellenberg Wittmer (Switzerland)

Héctor Sbert

Partner Primerio (South Africa)

Céline Gautier

Partner Borel & Barbey (Switzerland)

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MAIN CONFERENCE DAY 2 15:30

Open Mic Think Tank and Closing Toast Behind the Scenes of Complex, Cross-Border Asset Recovery: Practitioners Share Stories of How They Overcame High Stakes Obstacles to Recovery

Most high-value fraud victims are concerned about how they can recover from the significant financial losses that they have suffered, and there is often a huge gap between orders of restitution and recovery of the actual amount lost or hidden. In many of these cases, there are significant barriers to being compensated — including insolvency, jurisdictional hurdles, evidentiary challenges, and difficulty in tracing assets.

Led by: Keith Oliver

Head of International Peters & Peters Solicitors LLP (UK)

Moreover, when a high-value fraud involves a number of jurisdictions, it becomes a very complex landscape within which fraud practitioners must navigate, and requires focus and consideration of conflicting regimes, class priorities, foreign substantive law, and an array of other foreign insolvency and fraud-related proceedings.

Bring your questions, as our experts address some of the most pressing and difficult challenges confronting fraud and asset recovery practitioners in complex matters, such as: • Challenges in selecting the right forum(s) and venue(s) to prevent delay, gain momentum and improve chances of asset recovery • Issues with obtaining and serving injunctive relief orders against unknown individuals and organizations • What can be done to overcome a lack of cooperation between legal practitioners and enforcement authorities in the affected jurisdictions • Navigating the different approaches taken to disclosure and discovery in Civil and Common Law jurisdictions

16:15

End of Conference | Thank you!

Join Your Peers for a Fabulous Ski Weekend!* As in previous years many of the delegates will be heading off to Chamonix for what is now THE traditional, fun-filled après-conference skiing weekend after the conference ends on Friday afternoon.

Chamonix is approximately 45 minutes to an hour away depending on traffic. There is no hotel booked for the weekend, but many will reserve a room at Chamonix-Mont-Blanc. Reservations have been made for a group dinner at 20:00 on Friday evening at Restaurant Satsuki; and another group dinner on Saturday evening at 20:00 - at Restaurant Le Cap-Horn in the centre of Chamonix. ALL ARE WELCOME — whether skiers or not as the weekend is a great way to continue the bonhomie of the Geneva event. Those of you who are planning on attending please email Leonie Stevens (lstevens@petersandpeters.com) and Sandrine Souvannavong (sandrine.souvannavong@baerkarrer.ch) as soon as possible. * Please note that the ski trip is not included in the conference registration fee.

RELATED EVENTS

HIGH-NET-WORTH CONTENTIOUS DISPUTES

12–13 June 2025 | New York

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VENUE INFORMATION Hotel President Wilson, a Luxury Collection Hotel, Geneva 47 Quai Wilson, 1211 Geneva 8, Switzerland Reservations: +41 22-9066666

ACCOMMODATIONS The C5 Group is pleased to offer our guests a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “C5’s Fraud Geneva“.

Please note that the guest room block cut-off date is 11 February 2025. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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BOOK WITH CONFIDENCE! Register and pay to lock in your early rate and be eligible for a full refund until 27 February 2025.

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15 C5-Online.com/FraudGeneva LINKEDIN Fraud & Asset Recovery: Legal, Forensic, and Compliance Professionals

1–3

No Discount

4–8

10% Conference Discount

9–12

15% Conference Discount

12+

Call +44 20 4532 2313

*Team/group registrations must be from the same organization/firm and register together in one transaction.

Part of C5 Group’s FRAUD & ASSET TRACING SERIES