Publications April 12, 2022

Miranda Ching Discusses Prosecutorial Independence of UK Serious Fraud Office in Fountain Court Chambers Podcast

Recent events – including continuing doubts about the UK Serious Fraud Office’s (SFO) existence, the ousting of the head of London’s Metropolitan Police, the lack of investigation into alleged misconduct by politicians and the sustained trend of private prosecutions – have led to questions about the independence of prosecution authorities in England and Wales. Kobre & Kim’s Miranda Ching – a former case controller and prosecutor at the SFO – shared her perspective during an episode of The Fountain Court Chambers Podcast.

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Publications April 11, 2022

John Han Discusses Evergrande Offshore Bondholder Monetization Options with The Wall Street Journal

Though China Evergrande Group, the indebted Chinese property giant, has reached an agreement in principle with certain offshore creditors to pay legal fees in connection with restructuring negotiations, bondholders have options if restructuring negotiations eventually reach a stalemate. Kobre & Kim’s John Han, who has deep experience monetizing claims related to Greater China for distressed debt investors, told The Wall Street Journal how an enforcement scenario might unfold.

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Publications April 8, 2022

John Han Discusses Evergrande Offshore Bondholder Monetization Options with The Wall Street Journal

Though China Evergrande Group, the indebted Chinese property giant, has reached an agreement in principle with certain offshore creditors to pay legal fees in connection with restructuring negotiations, bondholders have options if restructuring negotiations eventually reach a stalemate. Kobre & Kim’s John Han, who has deep experience monetizing claims related to Greater China for distressed debt investors, told The Wall Street Journal how an enforcement scenario might unfold.

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Publications April 6, 2022

Jalil Asif KC, Peter Tyers-Smith and Ilona Groark Pen ICLG Chapter on Enforcing Foreign Judgments in Cayman

The Cayman Islands is a key offshore jurisdiction for judgment creditors in cross-border enforcement campaigns. Kobre & Kim’s Cayman-based Jalil Asif KC, Peter Tyers-Smith and Ilona Groark detailed the main insights in the jurisdiction for creditors in a chapter of International Comparative Legal Guide’s “Enforcement of Foreign Judgments 2022.”

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Publications April 5, 2022

Kobre & Kim Analyst John Miller Co-Authors Global Governance Forum’s Inaugural Global Catastrophic Risk Index

Catastrophes hit countries in many forms, and their impact can be multiplied by a failure in governance and compounded by economic vulnerability and social instability. Policymakers and citizens alike should understand the nature of the risks facing their country to avoid disaster. Kobre & Kim analyst John Miller, a Global Governance Fellow for the Global Governance Forum, co-authored a report for the forum that captures these risks in the inaugural edition of the Global Catastrophic Risk Index.

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Publications April 5, 2022

Benjamin Sauter Analyzes Whether Crypto Can Help Evade Russian Sanctions with Raconteur

With the Russian invasion of Ukraine, many in both countries have turned to crypto and digital currencies – Ukrainians received almost US $100 million in crypto donations, and ordinary Russians used crypto as a haven against the falling ruble and capital controls. But there is a concern that cryptocurrency can be used to facilitate wrongdoing, including to evade sanctions. Kobre & Kim’s Benjamin Sauter, who focuses on government enforcement and asset recovery in the crypto space, analyzed this issue when he spoke with the magazine Raconteur of The Times.

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Publications April 5, 2022

Andrew Stafford KC, Timothy de Swardt, Melisa Ortes González, Calvin Koo on Crypto Jurisprudence in Common Law Jurisdictions

The landscape of blockchain technology and cryptocurrency has long seemed like a Wild West. But as Kobre & Kim’s Andrew Stafford KC, Timothy de Swardt, Melisa Ortes González and Calvin Koo detail in Commercial Dispute Resolution, in jurisdictions like the United Kingdom, the British Virgin Islands, Hong Kong and the United States, the sheriff is very much in town.

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Publications March 29, 2022

Jason Short on Scope and Risks of New Whistleblower Program Aiding Sanctions Against Russia

The U.S. Department of Treasury launched a new whistleblower program for information leading to the seizure of stolen assets linked to foreign government corruption, just in time to join global sanctions efforts against Russian oligarchs. Kobre & Kim’s Jason Short, who represents high-net-worth individuals in asset forfeiture proceedings and sanctions enforcement, spoke to USA Today on the program’s scope – as well as its risks and limitations.

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Client Alert March 28, 2022

Maximizing Recovery Against a Sanctioned Sovereign

  • Prices of Russian and other sovereign debt are falling as their economies buckle, presenting both opportunities and challenges for investors.
  • Enforcing the debt against sovereign entities is already difficult, more so when sanctions are involved.
  • As our Claim Monetization & Dilution team explains, non-traditional strategies may go further in putting maximum pressure on sovereigns and maximizing returns.

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Publications March 8, 2022

Evelyn Sheehan Contrasts U.S. Sanctions and Asset Seizures Against Russian Oligarchs on NPR’s Planet Money

The Russian invasion of Ukraine has led the United States and its allies to sanction Russian oligarchs and seize their yachts, condos and other assets. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who led asset forfeiture efforts from South Florida, sat down with NPR’s “Planet Money” to explain the difference between sanctions and asset seizures, and to offer a word of caution against ensnaring innocent third parties.

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Publications March 4, 2022

David McGill on Growing Uncertainty for Crypto Industry Amid U.S. “Regulatory Scrum”

Even as the cryptocurrency and digital asset industry continues to grow, a vast regulatory gulf persists even in the U.S., and the uncertainty this creates is only set to intensify. Kobre & Kim’s David McGill, who represents clients in the finance and crypto industries against government enforcement, explains when he spoke with Orbit TRC.

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Publications February 28, 2022

Miranda Ching, Robin Rathmell, Edward Smith, Polly Wilkins in WealthBriefing: UK Supreme Court Confirms HNWI Privacy Rights

A recent landmark UK Supreme Court ruling confirms a reasonable expectation of privacy for individuals who are under criminal investigation but have not been charged. Kobre & Kim’s Miranda Ching, Robin Rathmell, Edward Smith and Polly Wilkins – part of the International Private Client team in London – write in WealthBriefing what the implications of this ruling are for high-net-worth individuals (HNWIs) sensitive to press intrusion.

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Publications February 11, 2022

Michael Kim, Daniel Lee and Nathan Park: Legal Status of NFTs in Korea is Unclear

With the country’s strength in technology and pop culture, South Korea is seeing a rise in popularity of non-fungible tokens (NFTs). From tech and financial companies to K-pop agencies and Korean drama and video game producers, more industries are laying the groundwork for an NFT boom. However, as Michael Kim, Daniel Lee and Nathan Park explained in an article for Asia Business Law Review, the legal status of NFTs in Korea remains ambiguous.

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Publications February 9, 2022

Martin De Luca Interviewed on U.S. Criminal Justice Process by Brazilian TV Show Domingo Espetacular

In a Portuguese TV interview with Brazilian news program Domingo Espetacular, Kobre & Kim’s Martin De Luca – the only former U.S. prosecutor in Brazil – introduced the U.S. criminal investigation and prosecution process to the show, which airs Sunday evenings.

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Publications February 3, 2022

Wade Weems to the Anti-Corruption Report: Expect More Compliance Monitors Under Biden Administration

In her eponymous Monaco Memo, U.S. Deputy Attorney General Lisa Monaco announced a number of changes to DOJ policies, including how the Biden administration will weigh the costs and benefits of imposing a corporate monitor. Speaking with the Anti-Corruption Report, Kobre & Kim’s Wade Weems outlined expectations for an increase in the use of monitorships. 

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