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Searching Content indexed under Litigation, Mediation & Arbitration by Martin Kenney ordered by Published Date Descending.
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The Use Of Sealing And Gagging Relief In Complex Insolvency Proceedings Involving The Investigation Of Fraud And Discovery Of Hidden Assets
Fraud and insolvency can be vexing. However, there are a number of tools available to an insolvency professional who is faced with an insolvent estate that has been made the victim of grand malfeasance or fraud.
British Virgin Islands
22 Jul 2010
2
Combating International Fraud
With the development of the BVI as an offshore financial centre ('OFC') in the early 1980s many companies have decided to establish domicile in the jurisdiction.
British Virgin Islands
4 Feb 2010
3
Polygraph Examination
At an appropriate stage in an investigation, consideration ought to be given to administering a polygraph examination of the principal target or other primary witnesses.
British Virgin Islands
12 Nov 2008
4
Model Building
All complex inquiries start with and are shaped by a model or plan. Each fraud recovery model must be custom-built from the bottom up.
British Virgin Islands
12 Nov 2008
5
Accessory Civil Liability
How do we frame an action against secondary facilitators of a fraud – such as those who provide an obligor with knowing assistance to hide his assets?
British Virgin Islands
11 Nov 2008
6
The Fundamentals Of A Civil Asset Recovery Action - Part 2
Restitution has been defined as a body of law in which (a) substantive liability is based on unjust enrichment, (b) the measure of recovery is based on the defendant's gain instead of the plaintiff's loss, or (c) the court restores to the plaintiff, in kind, his lost property or its proceeds.
British Virgin Islands
 
11 Nov 2008
7
The Fundamentals Of A Civil Asset Recovery Action - Part 1
"Fraud is infinite in variety; sometimes it is audacious and unblushing; sometimes it pays a sort of homage to virtue, and then it is modest and retiring; it would be honesty itself if it could only afford it."
British Virgin Islands
 
11 Nov 2008
8
Unravelling The Fraudster´s Web: Overarching Goals And Objectives
The discovery of major loss through fraud or deceit can come as a shock. One forensic accountant has said:
British Virgin Islands
11 Nov 2008
9
Inverting The Fraud Paradigm: Redefinition of the Victim
Key to the success of any fraud recovery plan is tied to the accuracy and completeness of our understanding of the fraudster himself – or of his characteristics, habits and modus operandi. So what has that to do with redefining the victim?
British Virgin Islands
10 Nov 2008
10
The Language Of Hiding
The term money laundering applies to the diverse and evolving methods by which proceeds of crime or fraud are rendered capable of enjoyment as legitimately sourced funds.
British Virgin Islands
10 Nov 2008
11
Obstacles On The Path To Recovery
There are many obstacles that must be traversed by a claimant or victim on his path to recovery that are fundamental to the design of any asset recovery litigation.
British Virgin Islands
 
13 Oct 2008
12
Financing The Cost Of The Asset Recovery Process – Part 2
The assignment of a partial interest in a claim to an owner of capital is a risk-sharing device, where part of the potential award from a lawsuit is exchanged for money or services.
British Virgin Islands
 
13 Oct 2008
13
Financing The Cost Of The Asset Recovery Process – Part 1
The cost of large scale asset recovery inquiries and associated litigation is a factor which often deters victims of economic crime from pursuing their rights, preferring instead to abandon any hope for recovery.
British Virgin Islands
 
13 Oct 2008
14
Holding The Freeze – A Case Study
Once a serious economic criminal learns that most of his concealed wealth has been frozen in multiple jurisdictions; that raids to search for and seize his confidential accounting, company and trust records have taken place in numerous locations;
British Virgin Islands
15 Sep 2008
15
Pre-Emptive Strikes To Freeze Assets
Since the early 1970's, Courts in the British Commonwealth have moved to respond to the dishonest dealer who may, if given the opportunity to do so, seek to avoid his obligations by concealing evidence, dissipating or transferring assets, and resorting to delaying tactics.
British Virgin Islands
15 Sep 2008
16
Link Analysis
Given the complexity of serious fraud investigations, and the significant number of individuals and entities ordinarily involved, an analytic procedure known as link network diagramming – commonly referred to as Link Analysis – ought to be used to facilitate the investigation and case structuring.
British Virgin Islands
15 Sep 2008
17
Investigation – Judicial Process
In general it may be said that any concealed asset recovery operation must proceed on a secretive and fast-paced basis, in order to minimize the risk that further asset secretion activity might take place, which it undoubtedly will if the alleged fraudster learns that he is the subject of investigation.
British Virgin Islands
15 Sep 2008
18
Multi-Jurisdictional Concealed Asset Recovery: ´A Whistle-Stop Tour´
As the term implies, 'concealed asset recovery' involves the recovery of wealth from a dishonest obligor – where such wealth has been laundered, camouflaged or hidden.
British Virgin Islands
 
15 Sep 2008
19
Multi-Jurisdictional Concealed Asset Recovery Investigations – A Blueprint
In general, the prosecution of a multi-jurisdictional concealed asset recovery investigation involves both extra-judicial and judicially assisted investigative procedures.
British Virgin Islands
15 Sep 2008
20
Multi-jurisdictional Concealed Asset Recovery Investigations
In general, the prosecution of a multi-jurisdictional concealed asset recovery investigation involves both extra-judicial and judicially assisted investigative procedures.
Ireland
20 Apr 2005
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