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W hale Hunting (No Whales Were Hurt in the Making of this Presentation). Moderator: Edward H. Davis, Jr . Speakers: Kees Van de Meent Yves Klein Joe Wielebinski Elizabeth Ortega Rodrigo Callejas British Virgin Islands, April 21 , 2014. What Is Whale Hunting?
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Whale Hunting(No Whales Were Hurt in the Making of this Presentation) Moderator: Edward H. Davis, Jr. Speakers: Kees Van de Meent Yves Klein Joe Wielebinski Elizabeth Ortega Rodrigo Callejas British Virgin Islands, April 21, 2014
What Is Whale Hunting? Identifying Large Cases to Pursue as a Group with Members of FraudNet and FraudNet Sponsors Cases that Present an Opportunity For Groups of FraudNet Members and Sponsors to Work Together Cases that Allow FraudNet Members and FraudNet Sponsors to Feature their Special Skills and Capabilities
Finding the “Right” Whales! What Kinds of Cases Are Whales Large Value Cross Border Fraud Ponzi Schemes Corruption Commercial Crimes Judgment Enforcement
Examples of “Right” Whales! Stanford International Bank Trinidadian Government Corruption in Guatemala Interbolsa in Colombia Tunisian Government Pescanova Corruption in China LibertaFinanancial, Ltd. Egyptian Government Bancafe International Bank Ukraine Corruption Brazilian Corruption OGX Brazil
Bancafe International Bank Forensic Services USA Canada Potential Assets USA Grand Cayman El Salvador Panama Germany Austria 1. October 19th, 2006 Financial Group is suspended in Guatemala 2. October 23rd, 2006 Offshore of the Financial Group is suspended in Barbados (+3,000 Guatemalan depositors) 3. November, 2006 Custodian is appointed in Barbados and legal counsel engaged in USA and Guatemala
Liberta Financial, Ltd. • Liberta Financial is an Insolvency Practice, which specialises in personal insolvency. • Elizabeth Pywowarczuk, a founding member of Liberta Financial Ltd, is a qualified Insolvency Practitioner with over twelve years experience in personal insolvency. She is licensed and regulated by the Insolvency Practitioners’ Association and is a member of the Association of Business Recovery Professionals, known as R3. • Members of these organisations must always adhere to best practice guidelines. Potential Assets Guatemala *Taken from: http://www.liberta.uk.com/about_us.html/
Stanford International Bank • “The Stanford companies were a complex, sprawling web of more than 100 companies, all of which were controlled and directly or indirectly owned by Allen Stanford. The companies were operated in a highly interconnected fashion (…) • Stanford had operations in more than 100 discrete locations spanning 15 states in the United States and 13 countries in Europe, the Caribbean, Canada and Latin America. • Stanford claimed to have more than 30,000 clients located in 133 countries. • These companies were not arranged in a traditional corporate structure. They did not have a typical centralized management hierarchy, nor did they have a typical governance structure for the whole network. (…)” *Taken from: http://www.stanfordfinancialreceivership.com/documents/Interim_Report_Dated_April_23_2009.pdf
Pescanova *Image taken from: http://online.wsj.com/news/articles/SB10001424127887324260204578586031121782300
Finding the Right Crew Identifying the Type of Case Dictates the Team You Need Team Leaders Check the Egos at the Door – choose the leader who increases the chance of being engaged Bring in Specialties Where Necessary Local Knowledge is critical Forensics Investigations Public Relations and Marketing (you are selling a service)
The Whale is Sighted! What do we do now? How Do You Approach the Client (the Whale) Who is the Client Who Has The Authority to Contract? Who Has the Standing to Sue
Fitting out the Whale Boat? What do you do first! (Research, Research, Research) Put the information out to the Network as fast as possible What Materials do you use? Don’t Overshoot the Target! What do you do? How much do you “give away” to get the engagement? Chumming!
Getting Stuck In and Harvesting Who else is Whaling? Governments NGO’s Posers How Do you Deal with the Harpoon blockers?
Getting Stuck In and Harvesting Getting the “Whale” in the Boat How do you “close the deal”
Whale Hunting(No Whales Were Hurt During This Presentation. Reputations? Maybe!) Moderator: Edward H. Davis, Jr. Speakers: Kees Van de Meent Yves Klein Joe Wielebinski Elizabeth Ortega Rodrigo Callejas British Virgin Islands, April 21, 2014