International Fraud and Asset Tracing: Jurisdictional Comparisons, 3rd Edition

Commercial Fraud

International Fraud and Asset Tracing: Jurisdictional Comparisons, 3rd Edition

By Simon Bushell
Sweet & Maxwell U.K. December 2014

Specifications

ISBN-13
9780414035232
Publisher
Sweet & Maxwell U.K.
Publication
December 2014
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

This is a timely and important book. Hard-hitting regulatory powers are on the increase and the appetite to use them grows. Multi-national corporations are struggling to grapple with cross-border legal problems arising from fraud, particularly when fast-moving issues need to be addressed in a timely and effective manner in order to avoid extreme financial and reputational consequences.


An in-house lawyer who wants to find out, lawfully, whether or not there has been corrupt conduct by a foreign subsidiary, or whether an internal investigation should be launched, will need help in not tripping up over the differences in foreign legal systems, while trying to gather information. This book provides that help. It is detailed, it is helpful, it is good guidance.

This volume will be a valuable resource to practitioners who may need to find an answer to a question arising in one of the 24 countries covered. 

Covering:

1. Internal investigation 

2. Discovery of documents and information from third parties

3. Preservation of assets and documents prior to the commencement of proceedings


Table of Contents

  1. Introduction
  2. Managing the internal investigation
  3. Disclosure from third parties
  4. Steps to preserve assets/documents
  5. Civil proceedings
  6. Anti-Bribery / Anti-Corruption legislation

About the Author

Simon Bushell,
Partner, Dispute Resolution, Latham Watkins London

Simon is a qualified solicitor-advocate specialising in large-scale international commercial litigation. He has wide experience in the corporate, financial services, commodities and banking sectors and has also acted for a significant number of foreign government agencies or state-owned companies. Simon co-chairs Herbert Smith's London-based civil fraud and asset tracing practice, and has also been responsible for establishing the firm's Russian dispute resolution practice, which he leads from London.
Simon has undertaken investigations into complex, worldwide frauds, conspiracies, insolvencies, and co-ordinated multi-jurisdictional proceedings. He is highly experienced in obtaining, executing and advising on pre-action third party disclosure orders, freezing injunctions, and search orders.

Simon regularly advises in relation to investment banking disputes, breaches of trust and fiduciary duty, professional negligence, money laundering, bribery and corruption, shareholder disputes, as well as a wide variety of general commercial disputes. Simon has significant international arbitration experience and regularly leads teams involving members of the firm's specialist international arbitration practice. 

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