Virtual

Multilateral Development Banks (MDBs) - Investigations, Powers and Penalties

09 Sep 2020

Location: 3.00pm - 4.30pm Virtual Event (Zoom)
Members: FREE - Book by 09 Sep

Multilateral Development Banks (MDBs) - Investigations, Powers and  Penalties

Highlights

The World Bank and other MDBs support major infrastructure projects with billions of dollars in loans to developing world governments each year.  In light of the ongoing COVID-19 pandemic, MDBs have responded with plans to deploy much of their estimated $250 billion in spare lending capacity over the next 18 months.  Much of this money will make its way to the private development firms, construction companies, and consultants who bid for pieces of MDB-funded contracts.

This will inevitably create opportunities for fraud, corruption, and other misconduct, and businesses should expect a corresponding increase in activity from the banks’ increasingly sophisticated and well-resourced investigatory offices.

MDB investigators are unbound by national borders and have far-reaching powers to pry into any entity that receives MDB funds (even indirectly).  Such investigations can lead to significant consequences, including “debarment” from all future MDB-funded projects.  The effects of this potentially crippling penalty is often magnified by the many governments and financial institutions that unilaterally refuse to do business with debarred companies.

Further, MDB investigators routinely share their findings with national law enforcement agencies.  As such, an MDB sanction can be just a prelude to an even more serious legal problem (especially for firms that fall under the jurisdiction of the FCPA or UK Bribery Act).

Knowing how to prepare for, respond to, and defend against an MDB investigation is therefore crucial.

Attend this event to drill down into:

  • How MDB investigation offices are structured and run
  • Trends in MDB investigations over the last 10 years
  • How MDB investigations are started and the importance of whistleblowers
  • Tips and best practices for targeted companies
  • Examples of major cases and penalties
  • The sanctions process and how companies can defend themselves
  • Debarments, cross-debarment and monetary penalties
  • Proactive steps companies can take to protect themselves
  •  The significance of MDB interaction with law enforcement
Chris Kim
Senior Managing Director
Guidepost Solutions (USA)

Chris Kim
Chris Kim Senior Managing Director
Guidepost Solutions (USA)
Barry Vitou
Partner
Greenberg Traurig

Barry Vitou
Barry Vitou Partner
Greenberg Traurig
Ian Hargreaves
Partner
Covington & Burling

Ian Hargreaves
Ian Hargreaves Partner
Covington & Burling
Joshua L. Ray
Legal Director
Rahman Ravelli

Joshua L. Ray
Joshua L. Ray Legal Director
Rahman Ravelli
Alex Haines
Barrister
Outer Temple Chambers

Alex Haines
Alex Haines Barrister
Outer Temple Chambers
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

Agenda

2.55pm
Audience Logon
3.00pm
Chair's Opening Remarks
Speakers:
Joshua L. Ray - Legal Director - Rahman Ravelli
3.05pm
Panel Session Interactive Discussion
Speakers:
Chris Kim - Senior Managing Director - Guidepost Solutions (USA)
Alex Haines - Barrister - Outer Temple Chambers
Barry Vitou - Partner - Greenberg Traurig
Ian Hargreaves - Partner - Covington & Burling
Syedur Rahman - Partner - Rahman Ravelli
4.15pm
Audience Questions
4.30pm
Chair's Summary & End of Event

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