Virtual

FIRE Starters - Banks: Fraud Claims arising out of Anti-Money Laundering and other Obligations

11 Jun 2020

Location: 12.00pm - 1.45pm Virtual Event (Zoom)
Members: £25+VAT - Book by 11 Jun

FIRE Starters - Banks: Fraud Claims arising out of Anti-Money Laundering and other Obligations

Highlights

Will the Covid-19 lockdowns and economic impact see a huge increase in Fraud claims against Banks & other financial institutions. Join the next FIRE Starters event to debate the key issues in delaing with these types of claims. Benefit from our quickFIRE format covering the 6 Ds including:

  • Diligence
  • Disclosure
  • Duties
  • Dishonesty
  • Differences internationally
  • Developments 
Emma Ruane
Partner
Peters & Peters

Emma has extensive expertise in civil fraud litigation, in particular obtaining and defending worldwide freezing injunctions. As a result of her work on behalf of the Department of Health, Emma has experience in litigating private damages actions in competition cases alleging abuse of dominant position and entry into anti-competitive arrangements. In the competition litigation practice area, Legal 500 described Emma as “very sharp”.

Emma’s work often involves cross-border or international elements: amongst other things Emma was part of the team that defended the former CEO of what was Nigeria’s fourth largest bank, conducting 2 weeks of the trial of the claim in Lagos. Emma has also assisted in the taking of evidence from witnesses in Nigeria, made representations on behalf of clients at the United Nations In New York and drafted evidence in support of an anti-suit injunction seeking to prevent the continuation of a claim filed in Israel.


Emma Ruane
Emma Ruane Partner
Peters & Peters
Philip Hinks
Barrister
3VB

Philip is a leading junior who is regularly instructed in high-value, complex matters, particularly in relation to civil fraud, general commercial, financial services and insolvency disputes.

The directories describe him as “without a doubt, one of the top juniors at the Bar”, “outstandingly clever, charming and responsive” and “everything you want in a barrister: intellectually brilliant, responsive, charming and easy to work with.”

Philip has been instructed in many of the most high-profile civil fraud disputes to come before the courts in recent times, including Tatneft v KolomoiskyTugushev v Orlov and Qatar v Banque Havilland.


Philip Hinks
Philip Hinks Barrister
3VB
Katie Pearson
Partner
Harneys (Cayman)

Katie Pearson
Katie Pearson Partner
Harneys (Cayman)
Syedur Rahman
Partner
Rahman Ravelli

Syed's great depth of experience in serious fraud, financial crime and multi-jurisdictional investigations has earmarked him as a robust solicitor. He is proficient in both civil and criminal cases, where there is an allegation of corporate wrongdoing. Syed has substantial experience in advising corporate entities and their directors and officers in relation to investigations conducted by all the major enforcement agencies. He has also built an impressive reputation in the field of asset-tracing and recovery, with a respected track record regarding international disputes where urgent relief is required involving freezing orders and recovering misappropriated assets.

Syed is recognised for his sector-leading, pioneering cryptocurrency work, having secured a number of significant legal firsts when representing institutions and individuals. His specialist expertise in civil recovery proceedings under Part 5 of the Proceeds of Crime Act (POCA) has also led to him recording notable successes for clients in national and international cases.

Syed has a dynamic practice involving complex sanctions issues and related litigation. He has notable cases in this area, including representation of public limited companies (PLC’s) trading on the London Stock Exchange in relation to international sanctions on Russia, public joint-stock companies (PJSC’s) trading on the Moscow Stock Exchange regarding UK and EU sanctions on Russia and a major Russian power engineering company headquartered in St Petersburg relating to international sanctions advice. Syed regularly prepares licence applications to release frozen funds or economic resources for designated persons and entities. He is also adept at challenging sanctions designations.

He is known for his abilities in multijurisdictional, worldwide asset recovery cases – including obtaining and defending the full range of injunctions - high-stakes commercial and financial disputes and cross-border investigations involving attacks on clients’ interests by numerous governments or agencies. His skill in defending high-profile corruption, fraud and regulatory allegations and his ability to negotiate with investigators have ensured his clients receive the strongest representation.

The Chambers UK Guide regularly ranks Syed as an elite solicitor. It has called him “a very technically gifted lawyer’’ and has said he “gets on top of all the facts in complex cases’’. Chambers has described him as “very committed to the work he does’’ and said he “leaves no stone unturned and has a passion for what he does’’. It has repeatedly highlighted his expertise in POCA work and asset recovery proceedings. The 2023 edition of Chambers praises his ability to “forge ground in fast-developing areas’’ and his cryptocurrency case skills.

Syed’s clients include corporates and their directors, financial institutions, hedge funds, high net worth individuals and international private clients around the world. Syed has a particular interest in litigation arising from mergers and acquisitions, derivatives and securities offerings (IPO’s, SPAC IPO’s and debt offerings) and works with private equity funds and private sponsors for public companies.

He is adept at advising corporate entities and their directors and officers on their regulatory and compliance obligations and in investigations conducted by agencies such as the Serious Fraud Office, Financial Conduct Authority, National Crime Agency and HM Revenue & Customs. His ability to assess complex issues, establish the facts and analyse challenging sets of circumstances have seen him excel on internal investigations carried out for Rahman Ravelli’s corporate clients.

Syed routinely advises clients in FCA investigations into alleged market abuse, breaches of regulated activities and unauthorised trading. He is sought by asset management firms and chief investment officers at hedge funds facing enforcement proceedings and financial services litigation.

The Legal 500 has called Syed “a creative thinker’’, “a master of detail’’ and someone who “entirely devotes himself to his cases’’. It has drawn attention to the wide variety of global corporate wrongdoing and multi-jurisdictional bribery and corruption investigations he has worked on. It has praised his “incredible depth of experience when it comes to fraud matters, and in particular those with an international element or where the National Crime Agency are involved.’’ The 2023 edition calls him “one of the most well-respected names’’ in the legal world and emphasises his abilities in emerging areas such as SPACs and cryptocurrency fraud.

Syed is also in demand to work on cases where there is the possibility of securing a deferred prosecution agreement (DPA) for clients. The Legal 500 has noted Rahman Ravelli’s expertise in advising on DPAs and recognised that Syed “goes the extra mile to get the best results for his clients in leading on a multi-jurisdictional matter concerning this area”.

His recent work has involved global energy sector corruption allegations, major financial services cases, fintech companies and many of the most complex worldwide asset recovery cases.


Syedur Rahman
Syedur Rahman Partner
Rahman Ravelli
Antonia Mottironi
Lawyer
Ardenter Law

Antonia Mottironi
Antonia Mottironi Lawyer
Ardenter Law
Matthew McGhee
Barrister
Twenty Essex

Matthew McGhee
Matthew McGhee Barrister
Twenty Essex
Jon Felce
Partner
Cooke, Young & Keidan (UK)

Recognised by The Legal 500 as a “rising star” “headed for the very top”, and by Who’s Who Legal as a Global Elite Thought Leader for both Asset Recovery and Commercial Litigation, Jon specialises in high-value, complex international commercial disputes with particular expertise in civil fraud, enforcement and asset recovery (including both commercial and sovereign debt), and he has obtained a number of ground-breaking orders in this regard. Chambers & Partners describes Jon as “incredibly impressive” and “an incredible tactician”, recognising him for his civil fraud work. The Legal 500 has called Jon a “bright young gun with a shrewd mind and a calm approach” and states there is “complete trust and faith in Jon’s advice and his expertise”, recognising him as a leading individual for civil fraud, a next generation partner for banking litigation, and recommending him for premium commercial litigation, international arbitration and commodities disputes. Jon has an international practice with clients including states, financial institutions, corporate clients, high-net-worth individuals and insolvency practitioners, and has acted on a number of complex and high value Russian/CIS cases.


Jon Felce
Jon Felce Partner
Cooke, Young & Keidan (UK)

Agenda

11.55am
Audience Logon
12.00pm
Chair's Opening Remarks
Speakers:
Emma Ruane - Partner - Peters & Peters
12.05pm
Diligence: overview of bank’s obligations

Overview of financial institutions’ obligations and where these come from:

  • customer due diligence
  • ongoing due diligence
  • training
  • establishing policies and controls
  • what this means in practice when a transaction occurs.
Speakers:
Syedur Rahman - Partner - Rahman Ravelli
12.15pm
Disclosure
Speakers:
Matthew McGhee - Barrister - Twenty Essex
12.25pm
Duties
  • duties of care to customers and non-customer
  • damages claims for breach of statutory duties
Speakers:
Jon Felce - Partner - Cooke, Young & Keidan (UK)
12.35pm
Dishonesty and receipt-based claims
Speakers:
Philip Hinks - Barrister - 3VB
12.45pm
Differences elsewhere

Comparison with approaches/claims in differing jurisdictions

Speakers:
Katie Pearson - Partner - Harneys (Cayman)
Antonia Mottironi - Lawyer - Ardenter Law
1.00pm
Panel Discussion: Developments and Different Approaches
  • Confirmation of Payee
  • Contingent Reimbursement Model (CRM) Code
  • Regulatory
  • Ombudsman claims
Speakers:
Emma Ruane - Partner - Peters & Peters
Philip Hinks - Barrister - 3VB
Katie Pearson - Partner - Harneys (Cayman)
Syedur Rahman - Partner - Rahman Ravelli
Antonia Mottironi - Lawyer - Ardenter Law
Matthew McGhee - Barrister - Twenty Essex
Jon Felce - Partner - Cooke, Young & Keidan (UK)
1.20pm
Panel Session Q&A
1.40pm
Close of Event

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