Financing Asset Recovery Attempts: Third-Party Litigation Funding & Success Fees for Asset Recovery Professionals
Multi-jurisdictional asset recovery is expensive. Many millions of dollars can be spent on investigations and contentious litigation in the multiple fora presented by a serious fraud or corruption case. Confidential information regarding assets is fragmented and concealed behind multiple layers of foreign and domestic companies or other wealth preservation devices. Drilling down into the layers costs money. Investigations cost money. Asset freezing orders costs money. The price of Justice does not come cheaply. Bankruptcy courts and creditors often are not willing or able to fund these high costs.
What are the alternatives available to allow victim stakeholders and their representatives to gain access to Justice? This panel will consider the alternatives available in today's market for funding the procurement of professional asset recovery services.
What exactly is litigation funding? Why are there very few barriers to participation? The panel will discuss methods used to calibrate and manage the risks, as well as the price charged in a variety of jurisdictions for the human and financial capital required, if is to be purchased on a purely "at risk" basis for those whose job it is to recover assets.
Managing Partner, Martin Kenney & Co., Solicitors (BVI)
Timothy D. Scrantom
Principal, Scrantom Dulles International (Washington, D.C.)
Partner, Farber Financial Group (Toronto)