Session details

IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C4.10, Convention Centre, Level 4

Session information

Offshore structures as a barrier to recovery of assets from criminals
Room C4.10, Convention Centre, Level 4

Committee(s)

Anti-Corruption Committee (Lead)
Alternative and New Law Business Structures Committee
Business Crime Committee
Private Client Tax Committee
Professional Ethics Committee

Description

The misuse of legal structures to conceal crime proceeds and assets of criminals has been in the news for the past few years, leading notably to the adoption of beneficial ownership registers by several countries. However, the adoption of such registers may have the unwanted effect of weakening some asset recovery tools. There have also been case law developments that may make trusts an obstacle to recovery of assets that are not crime proceeds. This session will be divided into two parts: The first part will explore the question of whether beneficial ownership registers facilitate or hinder asset recovery. The second part will discuss recent case law, according to which a discretionary trust may be a safe shield against the enforcement of criminal confiscation and civil asset recovery orders.

Session / Workshop Chair(s)

Stephen Baker Baker & Partners, Other City, Jersey; Senior Vice Chair, Asset Recovery Subcommittee
Yves Klein Monfrini Bitton Klein, Geneva, Switzerland; Chair, Asset Recovery Subcommittee
David St John OMahony 7 Bedford Row Chambers, London, England

Speakers

Andrew Bodnar Burford Capital, London, England
Edward H Davis Jr. Sequor Law PA, Miami, Florida, USA; North America Regional Officer, Anti-Corruption Committee
Gordon Hook Asia/Pacific Group on Money Laundering, Sydney, New South Wales, Australia
Gary Hughes Akarana Chambers, Auckland, New Zealand
Jeremy Johnson Wynn Williams, Christchurch, New Zealand
Jitka Logesova WOLF THEISS Rechtsanwälte GmbH & Co KG, Prague, Czech Republic; Vice Chair, Anti-Corruption Committee
Alessandra Nascimento S F Mourão Nascimento e Mourão Advogados, São Paulo, Brazil; Member, Professional Ethics Committee Advisory Board
Michael O'Meara Sixth Floor Chambers, Sydney, New South Wales, Australia
Dominic O'Sullivan Gerard Brennan Chambers, Brisbane, Queensland, Australia
Duncan Elliott Osborne Osborne, Helman, Knebel & Scott, LLP, Austin, Texas, USA
Anthony Whealy QC Transparency International, Sydney, New South Wales, Australia