What are the legal and ethical limits on the conduct of a private investigation? The dynamic tension between (a) an effective and appropriately aggressive investigation to find concealed assets and (b) these restraints will be examined. This is where the 'right to privacy' collides with the 'need to know'.
Ross Gaffney , Gaffney, Gallagher & Philip (Fort Lauderdale)
Ross Gaffney is an internationally recognized expert in fraud and money laundering investigations and asset tracing. Mr. Gaffney is a member of the Florida Bar since 1983 and combines a B.S.B.A. in Accounting with his twenty-seven years of law enforcement experience with the FBI to apply innovative cutting edge investigative techniques to achieve exceptional results in a myriad of fraud/money laundering investigations.While serving with the FBI in its Miami Field Division, Mr. Gaffney conceived and initiated a unique operational international White Collar Crime investigative task force focusing on a broad spectrum of fraud, public corruption and money laundering occurring between the Caribbean, the United States and the United Kingdom. This unit known as the Joint Caribbean White Collar Crime Investigation Team (WCCIT), which has operated in the Caribbean for nearly fifteen years on a formal and ad hoc basis successfully prosecuted more than 400 hundred conmen and seized assets valued at more than $75 million.
Edward Davis, Jr. Founding Shareholder, Astigarraga Davis
Edward Davis, Jr., founding shareholder at Astigarraga Davis, focuses his practice on the representation of individual, corporate and institutional victims of fraud worldwide, with a particular focus on the Americas and the Caribbean. In the course of his practice as an AV® Rated attorney by Martindale-Hubbell®, Davis conducts financial fraud investigations, prosecutes civil claims for fraud, and pursues misappropriated assets around the globe.
His knowledge in financial transaction originates from over 22 years of representing banks and other financial institutions in creditors' rights and other banking operations litigation, including disputes over wire transfers, letter of credit, and other issues. Representing lenders, Davis has prosecuted claims against borrowers and third parties for fraudulent transfers, commercial loan enforcement, enforcement of judgments, including foreign judgments, and foreclosure of mortgages and other security and the defense of lender liability claims.
As a member of the International Financial Crimes Investigator Association, Davis lectures on financial fraud and asset recovery. Under his leadership, Astigarraga Davis is a leading member of the ICC Commercial Crimes Services Fraudnet. Davis is the Immediate Past Chair of the Florida Bar International Law Section for which he has served as the Chair, Chair-Elect, Secretary and Treasurer while also serving on the Executive Council. Davis is also a founding chair of its International Litigation and Arbitration Committee. He is a member of the Inter-American Law and Anti-Corruption Committees of the American Bar Association International Law Section and Practice of the American Bar Association; Anti-Corruption and Business Crime Committees of the International Bar Association; the Bankruptcy Bar of the Southern District of Florida; the International Bank Operations Association; and the Florida International Bankers Association. Davis has been recognized in the areas of international and commercial litigation by South Florida Legal Guide, Florida Super Lawyers and Florida Trend's Florida Legal Elite.
James McGunn Managing Director, Martin Kenny & Co
Mr. McGunn joined Mr. Kenney's team in 1997 after a 30 year career in intelligence, security and criminal investigations. He served with various United States federal law enforcement agencies, including 10 years with the U.S. Secret Service, four years with the U.S. Department of Defense, and 11 years as a commissioned Foreign Service Officer and criminal investigator with the U.S. Agency for International DevelopmentHe has held senior managerial positions in Singapore, Washington DC and Frankfurt, where he investigated large scale economic crimes against American foreign assistance programs in Asia, the Near East, Europe, Russia and the New Independent States of the former Soviet Union..