Insolvencies and Receiverships Gone Wrong: Fee Pigs and 'The Dripping Roast'

Marta  Alfonson  Partner,   Morrison, Brown, Argiz & Farra

Marta has an unusually strong and broad background in forensic accounting, insolvency and bankruptcy, turnarounds, litigation consulting, and financial management, since 1983. For example, while working for a national certified public accounting firm she has Served as Financial Advisor and Accountant for Chapter 7 and 11 Federal bankruptcies.:

 

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.

 

Martin Kenney  Principal,  Martin Kenney & Co. Solicitors

Prior to founding Martin Kenney & Co., Solicitors, Mr. Kenney was a partner at Bermans, the English firm of Solicitors. Subsequently, Mr. Kenney co-founded the New York law firm Kenney, Becker, Solicitors LLP and Interclaim, a global asset recovery concern.

He is a specialist investigative and litigation lawyer in multi jurisdictional economic crime and international serious fraud, and has acted for a large number of substantial clients such as international banks, insurance companies and other private and governmental institutions. He is a practising Solicitor-Advocate (Higher Courts Civil Proceedings) of the Supreme Courts of England & Wales and of the Eastern Caribbean at the BVI, a non practising Barrister & Solicitor of British Columbia, a licensed foreign legal consultant in the State of New York, and a Registered Lawyer in Ireland.

Mr. Kenney holds an LL.M (International Business Law) from University College, London, and is a member of numerous professional societies. He has published and lectured on money laundering, legal and ethical restraints on the conduct of private investigations, and international concealed asset recovery. Mr. Kenney is widely regarded as a ground breaker in the use of pre emptive remedies in response to global economic crime to uproot bank secrets and freeze hidden assets simultaneously in multiple jurisdictions. He has been featured in articles and broadcasts of media outlets in many countries.

Offshore Alert of Miami has said that Mr. Kenney is "one of the world's leading authorities on the legal aspects of freezing and seizing assets in multiple jurisdictions." The Canadian Lawyer Magazine (Toronto) has said that he "…just may be – considering his Robin Hood reputation and his bulldog legal tactics – one of the most determined and trusted lawyers around." The Financial Times (US Edition) has called him a "top international asset chaser."

In June 1999, Mr. Kenney was appointed to the Working Group on Government Corruption of the Society of Advanced Legal Studies at the University of London, which issued proposals for the reform of the law on abuse of power and government corruption in the United Kingdom. Mr. Kenney is an active member of Committee W (Business Crime) and Committee J (Insolvency and Creditors' Rights) of the International Bar Association. Mr. Kenney is also the exclusive member of Fraudnet for the BVI, a specialist network of leading fraud and business crime lawyers of the Commercial Crime Services Division of the International Chamber of Commerce.

 

Christopher Redmond  Partner,  Husch Blackwell Sanders

Chris is widely recognized for his involvement in international insolvency and international litigation matters, specifically, concerning pursuing assets transferred to offshore jurisdictions. Chris has been featured in articles that dealt with recovery of assets that appeared in offshore accounts, by the Wall Street Journal, Business Week and by the National Association of Bankruptcy Trustees. His unusual practice was first featured in Forbes in June 1993 and most recently in the American Bar Association Journal. His asset tracking and recovery skills are now sought worldwide by attorneys, individuals and governments. Chris has been listed as one of the best bankruptcy attorneys in the United States for over twenty years in The Best Lawyers of America® and is a Fellow of the American College of Bankruptcy. He was also voted as a 2008 Missouri & Kansas “Super Lawyer®” in the area of Bankruptcy & Creditor/Debtor Rights law.

Chris has had numerous speaking engagements at the American Bar Association, Commercial Law League, the National Association of Bankruptcy Trustees, the American Bankruptcy Institute, state and local bar associations and other educational organizations.

Since 1986, Chris' international litigation has taken him to numerous overseas jurisdictions while pursuing the recovery of millions of dollars for creditors, trustees and receivers. Some of his experience includes litigation in the Isle of Man, the Channel Islands, Switzerland, Liechtenstein, England, Wales, Norway, France, Italy, the Netherlands and other European countries, Cayman Islands, Nevis and other Caribbean Islands, the Netherland Antilles and South America.

Chris has been a representative to the United Nations Commission on International Trade Law (UNCITRAL) on behalf of the American Bar Association and the United States of America and was instrumental in assisting in the development of the UNCITRAL Legislative Guide on Insolvency. Chris served as a member of the expert group to UNCITRAL and in addition served as a representative on behalf of UNCITRAL in coordination with The Hague Conference on Insolvency matters. Chris has also served as a member of the United States Delegation to UNCITRAL on Insolvency and Commercial Fraud.