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Martin Kenney & Co. Solicitors
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Tel: +1284 494 2444
Fax: +1284 494 3313
Third Floor, Flemming House
P.O. Box 4740
Road Town
VG 1110
British Virgin Islands
By Martin Kenney
Fraud and insolvency can be vexing. However, there are a number of tools available to an insolvency professional who is faced with an insolvent estate that has been made the victim of grand malfeasance or fraud.
By Martin Kenney
With the development of the BVI as an offshore financial centre ('OFC') in the early 1980s many companies have decided to establish domicile in the jurisdiction.
By Martin Kenney
At an appropriate stage in an investigation, consideration ought to be given to administering a polygraph examination of the principal target or other primary witnesses.
By Martin Kenney
All complex inquiries start with and are shaped by a model or plan. Each fraud recovery model must be custom-built from the bottom up.
By Martin Kenney
How do we frame an action against secondary facilitators of a fraud – such as those who provide an obligor with knowing assistance to hide his assets?
Restitution has been defined as a body of law in which (a) substantive liability is based on unjust enrichment, (b) the measure of recovery is based on the defendant's gain instead of the plaintiff's loss, or (c) the court restores to the plaintiff, in kind, his lost property or its proceeds.
"Fraud is infinite in variety; sometimes it is audacious and unblushing; sometimes it pays a sort of homage to virtue, and then it is modest and retiring; it would be honesty itself if it could only afford it."
By Martin Kenney
The discovery of major loss through fraud or deceit can come as a shock. One forensic accountant has said:
By Martin Kenney
Key to the success of any fraud recovery plan is tied to the accuracy and completeness of our understanding of the fraudster himself – or of his characteristics, habits and modus operandi. So what has that to do with redefining the victim?
By Martin Kenney
The term money laundering applies to the diverse and evolving methods by which proceeds of crime or fraud are rendered capable of enjoyment as legitimately sourced funds.
By Martin Kenney
He or she is someone who operates well outside of the bounds of what is normal behaviour. Free from the shackles of conscience, the most successful sharp dealers travel with little restraint.
There are many obstacles that must be traversed by a claimant or victim on his path to recovery that are fundamental to the design of any asset recovery litigation.
The assignment of a partial interest in a claim to an owner of capital is a risk-sharing device, where part of the potential award from a lawsuit is exchanged for money or services.
The cost of large scale asset recovery inquiries and associated litigation is a factor which often deters victims of economic crime from pursuing their rights, preferring instead to abandon any hope for recovery.
By Martin Kenney
Once a serious economic criminal learns that most of his concealed wealth has been frozen in multiple jurisdictions; that raids to search for and seize his confidential accounting, company and trust records have taken place in numerous locations;