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 renowned speakers.
The conference is co-labelled by the Anti-Fraud Forum of INSOL Europe.
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
For the purpose of these breakout sessions the attendees will we grouped together with others of the same “blood type” (trustees, judges, prosecutors, investigative authorities etc etc). Lead by an expert in his or her field, the participants are given the opportunity to discuss within their group possibilities to exchange information and to provide mutual assistance, to discuss recent cross border developments and to network.
Stéphane Bonifassi (FR) International Litigator at Bonifassi Advocats and co-fouder of the International Academy of Financial Crime Litigators
Mark Bosch (NL) Supervisory judge
Jeroen Hennekam (NL) International legal advisor criminal law
Yves Klein (SW) Lawyer at Monfrini Bitton Klein
Carmel King (UK) Insolvency and Asset Recovery, Grant Thornton UK LLP and Co-Chair of the INSOL Europe Anti-Fraud Forum.
Willem van Nielen (NL) Lawyer at Recoup and President of the Expert Centre International Bankruptcy Fraud (IBF)
Rein Philips (NL) Managing Director and Co-Founder of Redbreast Litigation Finance, fellow of INSOL International, previously restructuring lawyer
Cathalijne van der Plas (NL) Lawyer at Florent, lecturer in Private International Law at the University of Amsterdam, member of FraudNet and Regional Representative for Europe of the IBA Asset Recovery Subcommittee
Maarten van der Zwan (NL) Public Prosecutor at the Netherlands Public Prosecution Service
Chair: Michael Veder (NL) Professor of Private Law and vice-dean at the Faculty of Law, Radboud University and Lawyer at RESOR
And many more
This event is co-labelled by the Anti-Fraud Forum of INSOL Europe