Friday 6 December 2019
9.00 - 17.30
Saturday 7 December 2019
9.30 - 16.00
Who should attend?
+ Bankruptcy trustees
+ Insolvency lawyers
+ (supervisory) Judges
+ Fraud Investigators
+ AssetRecovery Specialists
+ Litigation Funders
+ Law Enforcement
+ Tax Advisors
+ Criminal defense lawyers
+ Compliance Officers
+ Insolvency Practitioners
The International Conference on Bankruptcy Fraud will be held in the city center of Amsterdam.
More information will follow.
Entrance to the conference on 6 December 2019
(including breakfast, lunch and reception)
Entrance to the Breakout International Expert Meetings and lunch on 7 December 2019
Standard rate EUR 699,00
Members rate EUR 599,00
Public Sector EUR 334,00
* Prices excluding 21% VAT
On 6 and 7 December 2019 we will host our first international conference focused on various international aspects related to bankruptcy fraud. During these two days, five central themes will be discussed in more detail by highly experienced and (inter)national renewed speakers.
Day 1 – Friday 6 December 2019
Breakfast briefing: Insolvency Fraud in an International Context
While conference participants are still enjoying their breakfast, they will be briefed about the specific characteristics of bankruptcy fraud cases with an international element. How does it affect trustees but also tax authorities, investigative teams and prosecutors when suspects involved have operated beyond country borders?
Public-Private Cooperation & Asset Recovery
During this session several international fraud cases will be discussed, one of which is the ‘Palminvest’ case that in the Netherlands has become a template for other international cases, more particularly for the way in which law enforcement and bankruptcy trustees have worked together to localize and recover proceeds and distribute these effectively amongst the creditors. Also forum shopping and strategic planning to maximize recoveries will be discussed. How to use jurisdictional opportunities to close the net on fraudsters in an insolvency and make recoveries? This is a moderated case study and will consider the advantages and disadvantages of deploying proceedings in various jurisdictions to safeguard, trace and recover assets.
Freezing the Un-freezable: Freezing and Enforcing against Unusual Assets
Discussion around the practicalities of freezing unusual assets – cryptocurrencies, art works, livestock, and anything else.
The Nemo Tenetur Principle
The existence of a privilege against self-incrimination is a common international concept. During this session speakers from different countries explore the intricacies of this principle regarding the situation that the person declared bankrupt is coerced to provide information to the bankruptcy trustee and the question which kind of safeguards will be sufficient in order to ensure a fair (criminal) trial.
Litigation funding in fraud cases
The cost of civil proceedings is one of the reasons why only a small fraction of illicit or stolen funds are ever recovered. Even large businesses, and indeed nation states, may encounter difficulties funding litigation due to budget constraints. Uncertainty of success coupled with the potential liability for the opponent’s legal costs will weigh heavily against the decision to litigate. It is unsurprising then that third-party litigation funding – financial assistance with litigation in return for a share of the proceeds – increasingly features in bankruptcy fraud-related litigation and will continue to gain prominence. Although litigation funding provides for a solution, how do trustees and bankruptcy judges, feel about handing over a percentage of the recovered assets in this respect? Which possibilities do these litigation funders use for asset tracing and recovery and which experience do they have with civil fraud cases?
Day 2 – Saturday 7 December 2019
Breakout: Internal Expert Meetings
During this breakout session participants to the conference will be given the opportunity to discuss issues, questions and cases within there own international group: Groep 1: the public prosecutors, Group 2: the trustees; Group 3: Judges, Group 4 public investigators and police agents etc.
To be announced!