Legal Asset Recovery

William Christopher received impressive recognition as a “sophisticated operator capable of effectively combining investigative and legal approaches”. Richard Foss is an excellent lawyer in this area, recommended by a number of colleagues for his work in the areas of civil fraud, asset recovery, insolvency and other commercial litigation. Fiona Simpson is billed by market commentators as a “very experienced and solid colleague” in the asset recovery market. Sue Thackeray “always sees the big picture, doesn`t miss a trick and is extremely effective at finding the best solution,” she said. Mary Young is “a practical, super-efficient lawyer who handles litigation incredibly well” while “keeping track of every detail.” “She has very good judgment and moves the case forward very effectively,” commentators add. In Korea, the maximum fine for a legal entity is $1 billion, but if the profit exceeds $500 million, the legal entity can be fined up to twice the amount of the profit. Therefore, the Nigerian authorities decided to initiate civil proceedings in the United Kingdom and at the same time to initiate criminal proceedings in Nigeria. Nigeria claimed ownership of the stolen assets and proceeds of the defendant`s corrupt activities. In order to obtain evidence, the Nigerian authorities obtained an order for disclosure of evidence gathered by the London Metropolitan Police during their investigation. Nigeria was able to use this evidence, obtained through both criminal proceedings and Alamieyesighe`s tax and asset declaration in its civil case, to obtain a global freezing order for all assets directly or indirectly in its possession, as well as a disclosure order for documents held by banks and its employees. At Rose, Matthew Lindsay QC is one of Canada`s leading asset recovery specialists and is praised for his skilful handling of complex fraud proceedings in U.S. and Canadian federal courts.

François Kremer of Arendt & Medernach is a favorite among colleagues and clients in the asset recovery market, who praise him as an “outstanding lawyer”. The Asset Forfeiture Unit is responsible for the forfeiture of all assets related to criminal activities and/or profits made by an accused as a result of an indictable offence. One of our office`s priorities is to deprive criminals of their ill-gotten gains and return them to victims of crime. The Asset Forfeiture Unit handles civil and criminal proceedings in various cases and requests the confiscation of assets related to numerous offences, including smuggling of cultural property, drug trafficking, fraudulent applications for disaster loans for economic damage and other complex financial frauds. These cases often involve complex financial investigations and tracing the assets involved in a crime. In addition to the legal framework, the choice of a particular path may also depend on various legal, practical or operational realities. Decisions on the place and nature of the action should be taken at the strategic level, taking due account of the advantages and disadvantages of each nature and any judicial specificities affecting the matter. Withdrawal of NCBs is not possible in all jurisdictions. As a result, liquidators may find it difficult to obtain formal legal assistance to conduct investigations and execute confiscation orders from the NCB in jurisdictions where there is no legislation on such confiscation.

However, some of these jurisdictions may recognise and execute confiscation orders of foreign NCBs, as in the European Union. In addition, requesting jurisdictions may benefit from cooperation with NCBs` recovery procedures in countries where such legislation is frequently applied in money laundering cases, including the United Kingdom and the United States. In Hungary, fines for legal persons may not exceed three times the financial advantage obtained or anticipated, i.e. at least 500 000 forged. Illicit assets in the United States: As a result of an FBI investigation (in collaboration with Peruvian authorities) into fraud, corruption, and money laundering involving Montesinos and his associate Victor Venero Garrido, $20.2 million was frozen while Garrido was arrested and his apartment was being arrested (INL 2005).