International Asset Tracing in Insolvency

International Asset Tracing in Insolvency

This book provides comprehensive coverage of the legal and practical forensic issues involved in asset tracing in insolvencies.

Author: Felicity Toube

Publisher: OUP Oxford

ISBN: 0199576238

Category: Law

Page: 456

View: 941

This book provides comprehensive coverage of the legal and practical forensic issues involved in asset tracing in insolvencies. It considers domestic laws on insolvency and asset tracing in England, USA, Guernsey, Jersey, BVI and Cayman, and provides a toolkit of key information for domestic and international tracing from these sources.
Categories: Law

Asset Tracing Recovery

Asset Tracing   Recovery

International experts of FraudNet deliver comprehensive and crucial knowledge about the possibilities of asset tracing and recovery, including: an introduction to the methods of fraud; international available remedies; supranational legal ...

Author: Bernd H. Klose

Publisher: Erich Schmidt Verlag GmbH & Co KG

ISBN: 3503116605

Category: Collecting of accounts

Page: 1145

View: 340

Globalization has given criminals an unlimited number of possibilities especially in offshore areas to hide deprived assets. International experts of FraudNet deliver comprehensive and crucial knowledge about the possibilities of asset tracing and recovery, including: an introduction to the methods of fraud; international available remedies; supranational legal sources; basics of asset tracing and recovery in common law and civil law; respective national laws, regulations and proceedings of over 40 countries -- Back cover.
Categories: Collecting of accounts

Principles of International Insolvency

Principles of International Insolvency

The price had in any event been paid into overdrawn bank accounts so there was nothing to trace. If the seller transfers the property in the asset to the ...

Author: Philip R. Wood

Publisher: Sweet & Maxwell

ISBN: 9781847032102

Category: Bankruptcy

Page: 1064

View: 731

This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Categories: Bankruptcy

The Ponzi Book A Legal Resource for Unraveling Ponzi Schemes

The Ponzi Book  A Legal Resource for Unraveling Ponzi Schemes

Also, reference is recommended to Felicity Toube, International Asset Tracing in Insolvency (Oxford Univ. Press 2010). See also David Capper, ...

Author: Kathy Bazoian Phelps

Publisher: LexisNexis

ISBN: 9780327173120

Category: Law

Page: 824

View: 733

Covering virtually all legal issues relating to unwinding Ponzi schemes, The Ponzi Book is relevant and timely, given the increased exposure of Ponzi schemes and the substantial litigation that has ensued in the quest to find assets and to make investors whole. Designed to be a comprehensive guide to the complex issues that arise in Ponzi schemes, The Ponzi Book includes a thorough legal analysis to support competing claims and defenses of affected parties, and contains a sophisticated discussion of the administrative practicalities that arise in Ponzi cases. Both practitioners in the field and parties affected by a Ponzi scheme can benefit from the comprehensive coverage of issues in The Ponzi Book. Several chapters are dedicated to increasingly common fraudulent transfer claims (clawbacks) and preference claims arising in Ponzi schemes, along with the defenses that investors, brokers and others can assert to those claims. The book also includes a detailed discussion of a broad array of litigation claims that can be pursued against any type of defendant with culpability or liability due to its involvement in a Ponzi scheme. Separate chapters are dedicated to each of the complicated legal issues of deepening insolvency, standing, and in pari delicto as they arise in Ponzi litigation. Since Ponzi schemes usually involve related criminal proceedings, the book also covers Fifth Amendment and other privilege issues as well as a detailed analysis of what happens to competing claims for assets in parallel insolvency and criminal proceedings. For those seeking to recover assets, several chapters discuss prejudgment remedies available to freeze assets, contempt proceedings, and service issues both internationally and domestically. The ultimate end game for claimants and those administering the unwinding of a Ponzi proceeding is the claims and allowance and distribution process, and this book offers a sophisticated review of differing approaches and methodologies available in the claims review process. Finally, the highlights of recent changes in the tax laws relative to tax relief for Ponzi victims are covered to raise awareness of these issues for victims and their tax advisors.
Categories: Law

Art of the Ad Hoc

Art of the Ad Hoc

... trade creditors, debtors, and acquirers of business and assets from insolvent companies. Howard's experience in international asset tracing and recovery ...

Author: Howard Morris

Publisher: Law Business Research Ltd.

ISBN: 9781912377794

Category:

Page: 133

View: 443

With changes in credit markets, traditional steering committees have fallen from favour in restructurings. Too slow and unwieldy. Enter the ad hoc committee. These self-formed groups of creditors take less time to set up, are more flexible, and can achieve otherwise impossible results for debtors, thanks to their ability to act unilaterally.Global Restructuring Review's The Art of the Ad Hoc fills in the blanks. In plain English, it provides a comprehensive guide on how to work successfully with these committees and illuminates an activity that has rightly been described as "e;an art"e;.The book draws on the collective wisdom and real-life experiences of 20 distinguished practitioners from 10 different firms to cover the topic from every angle and perspective - particularly those of committee member and debtor, with emphasis on the practical throughout.The guide is edited by three respected restructuring practitioners with extensive cross-border experience - Howard Morris, Judge James Peck and Sonya Van den Graaff - and is split into three parts: Part I explains an ad hoc committee's formation and organisation; Part II, its activities and powers; and Part III, what trading committee members may undertake.
Categories:

Complexity s Embrace

Complexity s Embrace

... assets from insolvent companies. He has experience in international asset tracing and recovery, as well as a strong background in banking and finance.

Author: Oonagh E. Fitzgerald

Publisher: McGill-Queen's Press - MQUP

ISBN: 9781928096641

Category: Political Science

Page: 336

View: 297

An unprecedented political, economic, social, and legal storm was unleashed by the United Kingdom's June 2016 referendum to leave the European Union and the government's response to the vote. After decades of strengthening European integration and independence, Brexit necessitates a deep understanding of its international law implications on both sides of the English Channel in order to chart the stormy seas of negotiating and advancing beyond separation. In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements. Contributors include Thomas Cottier, Armand de Mestral, Oonagh E. Fitzgerald, David A. Gantz, Markus Gehring, Valerie Hughes, Matthias Lehmann, Eva Lein, Dorothy Livingston, Richard Macrory, Luke McDonagh, Marc Mimler, Howard P. Morris, Gabriel Moss, Helen Mountfield, Federico M. Mucciarelli, Joe Newbigin, Colm O’Cinneide, Damilola S. Olawuyi, Christoph G. Paulus, Maziar Peihani, Freedom-Kai Phillips, Stephen Tromans, Diana Wallis, and Dirk Zetzsche.
Categories: Political Science

Report of the United Nations Commission on International Trade Law

Report of the United Nations Commission on International Trade Law

... asset tracing and recovery; the unification of private international law rules to resolve conflict and achieve consistency in cross-border insolvency ...

Author: United Nations Office of Legal Affairs

Publisher: United Nations

ISBN: 9789213628782

Category: Political Science

Page: 108

View: 913

The present report of the United Nations Committee on International Trade Law (UNCITRAL) covers the fiftieth session (3-21 July 2017).
Categories: Political Science

Counter Terrorism Strategies in a Fragmented International Legal Order

Counter Terrorism Strategies in a Fragmented International Legal Order

He has extensive experience of asset tracing, both in the commercial/insolvency sector and, currently, on behalf of states. He was involved in several ...

Author: Larissa van den Herik

Publisher: Cambridge University Press

ISBN: 9781107025387

Category: Law

Page: 760

View: 714

An exploration of the relationship between different branches of international law and their applicability to terrorism.
Categories: Law

Czech Yearbook of International Law Second Decade Ahead Tracing the Global Crisis 2010

Czech Yearbook of International Law   Second Decade Ahead  Tracing the Global Crisis   2010

The legal regulation of international insolvency law in Czech law is in- ... by a Czech court applies to the bankrupt's movable assets located abroad, ...

Author: Alexander J. Bělohlávek

Publisher: Juris Publishing, Inc.

ISBN: 9781578232727

Category: International law

Page: 380

View: 567

Czech Yearbook of International Law is a compilation of articles written by professionals who offer unique insight into special issues regulated in the European legal culture. CYIL promotes development of international law and of new analytical approaches that will increase understanding of this branch of law and its goals in the current global era. The focal points of interest in Czech Yearbook of International Law are actual issues involving international treaties in the context of EU law, international contractual relations, the protection of human rights in the international context, aspects of criminal law as well as international arbitration. The goal of this book is to further advance and develop the international law analyses particularly from the countries of central and eastern Europe.
Categories: International law

Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

His practice has also included acting in many leading UK insolvency cases involving substantial international fraud and asset tracing exercises.

Author: Colin Alfred Arthur Nicholls

Publisher: Oxford University Press

ISBN: 9780199577279

Category: Law

Page: 861

View: 263

This book provides a comprehensive and detailed analysis of the law relating to corruption and misuse of public office, including specialist issues such as whistleblowing. This new edition covers major developments in the area since the publication of the first edition, and includes full coverage of the Bribery Act 2010.
Categories: Law

A Guide to Consumer Insolvency Proceedings in Europe

A Guide to Consumer Insolvency Proceedings in Europe

M. in International Business Law) and Palacký University Faculty of Law in ... insolvency and recovery actions, including cross-border asset tracing and ...

Author: Thomas Kadner Graziano

Publisher: Edward Elgar Publishing

ISBN: 9781788975650

Category: Law

Page: 1266

View: 119

Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Categories: Law

Martindale Hubbell International Law Directory

Martindale Hubbell International Law Directory

... sg PAUL GORDON-SAKER, born August 2, 1944; admitted, 1970. LANGUAGES: English. PRACTICE AREAS: Insolvency Litigation; International Asset Tracing.

Author:

Publisher:

ISBN: 1561605522

Category: Law firms

Page: 430

View: 914

Categories: Law firms

International Arbitration Review

International Arbitration Review

... The Intellectual Property Review The Asset Management Review The Private ... Regulation Review The Asset Tracing and Recovery Review The Insolvency ...

Author: James H Carter

Publisher: Law Business Research Ltd.

ISBN: 9781912377718

Category:

Page: 592

View: 309

The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP
Categories:

Report of the United Nations Commission on International Trade Law

Report of the United Nations Commission on International Trade Law

insolvency but also to treatment of commercial fraud and other topics. ... (d) With regard to the proposal on asset tracing in the area of insolvency, ...

Author: United Nations

Publisher: United Nations

ISBN: 9789210045780

Category: Political Science

Page: 76

View: 964

This annual report of the United Nations Committee on International Trade Law (UNCITRAL) submitted to the General Assembly covers the fifty-first session (25 June-13 July 2018).
Categories: Political Science

The Solicitors Journal

The Solicitors  Journal

... Consultants 37 Ward International Consulting 45 ODOURS ASK Consultants 37 ... Williamson 9 Westmore Brennand Back Cover ASSET TRACING & RECOVERY Smith ...

Author:

Publisher:

ISBN: STANFORD:36105062165456

Category: Law

Page:

View: 597

Categories: Law

Restitution in Private International Law

Restitution in Private International Law

In addition to the above, tracing may be employed in a restitutionary claim so as to ... such as the debt of a bank to its customer, and any other asset.

Author: George Panagopoulos

Publisher: Hart Publishing

ISBN: 9781841131429

Category: Law

Page: 274

View: 427

This book examines restitution in private international law and the choice of law questions facing international restitutionary claims.
Categories: Law

International Cooperation in Bankruptcy and Insolvency Matters

International Cooperation in Bankruptcy and Insolvency Matters

102 The head office approach has several benefits, including fewer procedural costs and a transparent method of tracing assets due to ...

Author: B. Wessels

Publisher: Oxford University Press

ISBN: 9780195340174

Category: Law

Page: 268

View: 347

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Categories: Law

International Bankruptcy

International Bankruptcy

The Challenge of Insolvency in a Global Economy Jodie Adams Kirshner ... creditors acknowledged their limited ability to trace assets and advocate for ...

Author: Jodie Adams Kirshner

Publisher: University of Chicago Press

ISBN: 9780226532028

Category: Law

Page: 288

View: 212

With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Categories: Law

The Law of International Insolvencies and Debt Restructurings

The Law of International Insolvencies and Debt Restructurings

He specializes in insolvency , asset tracing , trust and general commercial law . He has contributed to " Jersey Insolvency Law in Practice ” published by ...

Author: James R. Silkenat

Publisher:

ISBN: STANFORD:36105134501407

Category: Law

Page: 687

View: 449

During the past several years, there has been an unprecedented number of insolvencies and restructuring of multinational corporations - both inside and outside of traditional bankruptcy proceedings. Law of International Insolvencies and Debt Restructuring is the first text to offer insight into the newly created doctrines of law and procedure that have resulted from these events. Leading attorneys and investment bankers address developments in bankruptcy andinsolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, South Africa, and Canada. Essential topics in the law of international restructuring and insolvency are also explored,including treaties and cooperation agreements, methods of restructuring debt, sovereign debt litigation, and intereditor relationships.
Categories: Law

Finding Freezing and Attaching Assets

Finding  Freezing and Attaching Assets

" This book provides the reader with an overview of the research environment and the sources of information available in different jurisdictions to thereby assist lawyers in finding out whether the other party has assets to pursue.

Author: Jacob C. Jørgensen

Publisher:

ISBN: 9041167412

Category: Arbitration agreements, Commercial

Page: 362

View: 165

Because of the rise in cross-border disputes - and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers - parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants' assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: * investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; * locating offshore trusts; * discovering assets transferred to a family member or corporate entity; * exposing sham investments designed to generate a (fictitious) loss of assets; and * invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'
Categories: Arbitration agreements, Commercial