It is with great pleasure that we welcome you to the fifth edition of CDR Essential Intelligence: Fraud, Asset Tracing & Recovery. Peters & Peters is delighted to serve again as the contributing editor to this comprehensive guide on the practice of global litigation in its titular, critical sphere.
The ever-changing international landscape continues to drive developments in this essential area. Previously, we were counting the cost of COVID-19; today, it is the respective conflicts in Ukraine and the Middle East which occupy the headlines.
Overall, global fraud statistics continue to rise, and security, whether personal or business-related, has been failing to keep pace. The world of 2024 is not simply less secure, but truly porous.
The airwaves are currently littered with the UK government’s latest anti-fraud campaign (a three-word catchphrase, inevitably): STOP! THINK FRAUD. This is the government’s latest attempt to tell the public what law-abiding citizens ought readily to appreciate – namely, we are all at risk of fraud.
Even the most astute and street-smart of individuals and business people can easily be duped by the unscrupulous scam artists that prey on our sensibilities and vulnerabilities. From false urgency, an official name, or an amazing holiday deal, fraudsters have developed a wide range of techniques that constantly evolve to offer genuine-sounding opportunities. The truth is that the ghost of Charles Ponzi is alive and well; we are all at risk, whether or not we choose to accept it. Last year, one in 17 adults in the UK were reported to be victims of fraud – likely a conservative estimate – which is around 2.6 million people.
Nasdaq’s Global Financial Crime Report 2024 tells us banks made estimated losses of over $442 billion last year, while the loss to consumer scams was over $43.6 billion. Fraud respects no country boundaries, or even currencies, as cyberattacks, crypto scams, and the use of technology more generally have helped criminals to target assets. In PwC’s most recent Global Economic Crime and Fraud Survey, two-thirds of technology, media and telecommunications companies had experienced fraud in the previous year. Cyberattacks rose by 38% in 2022 globally, compared to 2021; while in 2023, 67% of cyber-enabled scam losses were a result of business email compromise. The UK National Crime Agency has reported that, between April 2022 and March 2023, fraud contributed towards more than 40% of crime in England & Wales, the cost of which is estimated to be £6.8 billion . The less email-savvy are often the target, with 71% of wire fraud attempts made to people aged 55 or older.
However, all is not lost: our courts continue to encourage us all with their dedication. As the courts come to grips with the very latest in fraud and asset tracing, the judiciary has been keen to develop the tools of the law to safeguard and recover assets.
This publication gives a clear and comprehensive overview of the practice of fraud, asset tracing and recovery litigation in a number of countries around the world. It works towards global innovation and best practice through the sharing of knowledge and expertise.
We would like to take this opportunity to thank the tireless efforts of our contributing authors, who include some of the world’s leading law firms, and a wide range of expert practitioners, barristers’ chambers and forensic accountants. Their generous contributions to this project have established an invaluable holistic picture of the international legal response to fraud and asset misappropriation, which we hope will be useful for our readers both now and for many years to come.
EXPERT ANALYSIS CHAPTERS
8 Russian assets: recovering the unrecoverable
Andrew Mizner
Commercial Dispute Resolution
11 China due diligence in crisis
Bruno Mortier BDO
16 Cryptocurrency fraud and asset recovery
Syedur Rahman Rahman Ravelli
24 The English courts and
international asset tracing
Jane Colston & Theodore Elton Brown Rudnick
32 Cutting through the complexities of NPLs in
the Middle East: lessons from the frontlines
Yaser Dajani Quantuma
38 The procedural basis to appoint a Receiver
and their tactical and practical value in
international enforcement of judgments
and awards
David Standish Interpath
44 Investigating a sovereign: the unique challenges
Tom Stanley, Olena Morozovska & Alexander Stirling
K2 Integrity
JURISDICTION CHAPTERS
51 Bermuda
Keith Robinson, Kyle Masters, Sam Stevens
& Oliver MacKay Carey Olsen
59 British Virgin Islands
Alex Hall Taylor KC, Richard Brown,
Tim Wright & Simon Hall Carey Olsen
71 Cayman Islands
Sam Dawson, Denis Olarou,
Peter Sherwood & Nigel Smith Carey Olsen
79 China
Andy (Ronghua) Liao, Wei Sun &
Yuxian Zhao Han Kun Law Offices
89 Cyprus
Andreas Erotocritou & Elina Nikolaidou
A.G. Erotocritou LLC
97 England & Wales
Keith Oliver & Caroline Timoney
Peters & Peters
107 Guernsey
David Jones, Simon Florance &
John Greenfield Carey Olsen
117 Hong Kong
Dorothy Siron Stephenson Harwood
131 India
Nitya Jain, Abhilasha Khanna & Samudra Sarangi
Law Offices of Panag & Babu
143 Ireland
Karyn A. Harty, Ciara FitzGerald, Aaron McCarthy &
Tiernan Nix Dentons
151 Jersey
Marcus Pallot & Tabitha Ward Carey Olsen
159 Liechtenstein
Moritz Blasy, Nicolai Binkert & Simon Ott
Schurti Partners Attorneys at Law Ltd
165 Malaysia
Lim Koon Huan & Manshan Singh Skrine
173 Singapore
Wendy Lin, Joel Quek, Jill Ann Koh & Leow Jiamin
WongPartnership LLP
183 Switzerland
Dr. iur. Florian Baumann & Cristina Ess
Kellerhals Carrard
193 United Arab Emirates
Sara Sheffield, Max Davis, Peter Smith & James Colautti
Charles Russell Speechlys
203 USA
Oren J. Warshavsky, Gonzalo S. Zeballos,
Geoffrey A. North & Tatiana Markel BakerHostetler
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