International Asset Recovery: Investigations

(274 Ratings)

Produced on: October 28, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Intermediate

In this session, attorney Eugene Becker from Becker Law and Miller Thomson partner Douglas Best consider what substantive differences between the US and Canada in asset investigations. Mr. Becker and Mr. Best begin by discussing trash pulls, surveillance, pretext inquiry, public searches, private proprietary searches, and lawyers’ duties. Next, they delve into pre-action proceedings and the availability within various jurisdictions, including New York, Ontario, Canada- Federal, Florida, England, France, Barbados, Cayman Islands, Singapore, and the new John Doe Norwich Pharmacal. The presentation concludes with explaining the Mareva injunction, the Anton Piller jurisdiction discovery available from 28USC §§1782 and 1783.

 

Learning Objectives:

I.    Understand judicially available investigations 

II.   Discuss how to utilize judicial investigations 

III.  Establish a focused and efficient recovery

 

Faculty

Eugene Becker

http://www.beckerlawny.com/

Eugene S. Becker is the senior principal of Becker Law in New York City.  He is admitted to practice before various courts in Australia and South Africa, and is licensed in New York under the Judiciary Law as a foreign lawyer.

Mr. Becker has been in legal professional practice since 1981 and has, throughout much of that time, been involved in multinational litigation and arbitration projects in the United States, Canada, Europe and Australia.

He develops recovery models and assists in their execution in a multijurisdicational context.  Mr. Becker has written and delivered many papers on multinational litigation, with particular emphasis on developing admissible discovery and recovery within a fraud context.

Professional Licenses

    * New York, Licensed Legal Consultant

    * Australia

    * South Africa

Education

    * Master of Comparative Law, University of Queensland, Brisbane, Australia, 1993

    * Bachelor of Laws, University of Cape Town, South Africa, 1980

    * Bachelor of Arts, University of Cape Town, South Africa, 1978

Memberships

    * New York Member, Association of European Attorneys

    * Past Member, Africa Committee, Association of the Bar of the City of New York

Douglas Best

Miller Thompson

Douglas Best has a broad commercial litigation practice with particular emphasis on corporate fraud, employment law, administrative law, regulatory law and general contractual claims and disputes.

 

Acting predominantly for corporations for more than 25 years, he has gained considerable knowledge and expertise in a range of industries including transportation, real estate and financial services.

 

Mr. Best also has particular expertise with respect to various injunction type proceedings, including those relating to the preservation and quick recovery of assets: Mareva injunctions, Anton Pillar orders and Norwich orders.

 

Mr. Best is result-oriented and is committed to providing well-reasoned counsel.  He has also written and spoken on various issues over the course of his career, most notably for the transportation industry on defending claims against carriers and for those clients seeking to recover assets taken in fraudulent circumstances.

 

In addition to being a senior partner of the firm, Doug was also the firm's former General Counsel, and a former member of Miller Thomson’s National Executive Committee.

 

Directorships

  • Vice-Chair of the Board of Directors, The Canadian Centre for Diversity (Formerly the Canadian Council for Christians and Jews)
  • Director, The Canadian Transport Lawyers Association

 

Memberships

  • Canadian Bar Association 
  • Ontario Bar Association
  • Toronto Lawyers Association 
  • The Canadian Transport Lawyers’ Association
  • The (American) Transportation Lawyers’ Association
  • The Advocates’ Society
  • Association of Certified Fraud Examiners - Toronto Chapter
  • The Association of Certified Forensic Investigators of Canada

 

Education

  • LL.B., University of Western Ontario, 1981
  • University of Western Ontario, 1978

 

Publications

  • Getting the Deal Through, Asset Recovery (Canadian Chapter), 2014
  • Winning for the Carrier: Avoiding the Palm Tree (Again), The Canadian Transport Lawyers' Association Annual Convention, 2013
  • Norwich Orders: a Tool for Tracing and Protecting Assets When Having Fallen Victim to Fraud, Corporate Liability, 2011

Reviews

SM
Sheldon M.

Good course.

CD
Catherine D.

Extremely interesting and informative

VR
Vladimir R.

Excellent

AC
Alison C.

Very enjoyable course, both first section and this one. Looking forward to third section.

LD
Louis D.

Fascinating presentation. The section on pretexting as an investigative tool was very useful

TH
Tom H.

speakers' enthusiasm was contagious

JE
John E.

Excellent!

MT
Michael T.

good program

JR
Jorge R.

This program is excellent...

JG
Joan G.

Very well done

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