Robin Rathmell | Kobre & Kim — Disputes and Investigations

Dual-qualified as an English barrister and U.S. lawyer, Robin Rathmell represents high-net-worth individuals and institutions in international litigation involving allegations of fraud, money laundering and misconduct. Mr. Rathmell has particular experience in civil and criminal asset forfeiture defense and related trusts, commercial and insolvency litigation around the world.

Mr. Rathmell appears regularly in front of trial and appellate courts in the U.S. and England. All of his engagements have an international element and, given the complex nature of the assets and fact patterns involved, usually span several jurisdictions, legal systems, and asset-holding structures. In recent engagements, Mr. Rathmell has acted as counsel in cases involving Jersey, Guernsey, the Isle of Man, Gibraltar, the Cayman Islands, the British Virgin Islands, Bahamas, Bermuda, France, Monaco, Switzerland, Liechtenstein, Israel, the Czech Republic, Russia, Cyprus, Canada, Brazil, Argentina, Lebanon, Malaysia, China, Thailand, Hong Kong, Singapore, the Cook Islands and New Zealand.

Reflecting the diverse nature of his practice, Mr. Rathmell is recognized in numerous publications for multiple areas of practice, including for white-collar and commercial litigation in the Legal 500 where he is noted as ‘a cutting-edge expert at cross-border investigations’, for financial crime defense of high-net-worth individuals by Chambers & Partners, and as a Prominent Barrister in contentious trust matters by Citywealth.

Before joining Kobre & Kim, Mr. Rathmell practiced as a barrister at Serle Court in London. At Serle Court, he focused on offshore trusts disputes and international commercial litigation and appeared as an advocate in 15+ trials and 100+ contested hearings. Mr. Rathmell graduated in law from Cambridge University with double first-class honors. He also has an international diploma in anti-money laundering and a professional postgraduate diploma in financial crime compliance. He is a trust and estates practitioner of STEP and a Fellow of the International Compliance Association.

SERVICES

Government Enforcement Defense Trusts & Estates Litigation International Judgment Enforcement & Offshore Asset Recovery

Admissions

Special Legal Consultant, District of Columbia
Barrister, Eastern Caribbean Supreme Court (British Virgin Islands)
Barrister, England & Wales
New York
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York

Education

University of Cambridge, MA, Law, double first-class honors
ICA International Diploma, Anti Money Laundering
ICA Professional Postgraduate Diploma, Financial Crime Compliance

Accolades

Chambers & Partners, Financial Crime: High-Net-Worth Individuals
The Legal 500, Commercial Litigation
Citywealth Magazine, Leaders List: Private Wealth and Advisory Industry

SERVICES

Government Enforcement Defense Trusts & Estates Litigation International Judgment Enforcement & Offshore Asset Recovery

Select Engagements

Government Enforcement Defense

Representation of Jho Low, an international businessman, in global legal matters arising out of the “1MDB” matter, which involve criminal charges and civil asset forfeiture proceedings brought by the DOJ, as well as additional legal action from authorities located in Switzerland, Saudi Arabia, Abu Dhabi, Singapore and various other countries, involving several billions USD in controversy. We have resisted ongoing forfeiture and confiscation efforts for several years, and engaged in counter-offensive litigation in the Cayman Islands and New Zealand to secure more favorable positioning for the family’s assets.
Representation of two Russian businessmen in connection with an investigation by Russian authorities into the Russia-based financial institutions founded by our clients. The Russian Federation is making numerous politically motivated legal assistance requests against our clients around the world in both onshore (e.g., the U.S.) and offshore (Mauritius and the Cook Islands) jurisdictions. We are coordinating the global defense of those requests. We are also acting as counsel in an ongoing civil case in the U.S., as well as implementing defensive strategies, including a “clean funds” analysis, with respect to cross-border asset forfeiture proceedings.
Representation of several executives of Unaoil, a company operating in the Middle East, Central Asia and Africa, in providing a strategy to release and protect assets in the U.S., the UK, the Cayman Islands and several other offshore jurisdictions in light of a foreign bribery investigation being conducted by the DOJ and UK authorities. In a major victory for our clients, our firm secured an order from a court in an offshore jurisdiction allowing for the replacement of the trustee at the request of the trust settlor and the distribution of once frozen funds.
Representation of an individual in an investigation being conducted by the U.S. DOJ and other authorities into alleged bribery with respect to vendor contracts awarded to a state-owned oil company and money laundering regarding the same, in which we performed a “clean funds” analysis in aid of anticipated forfeiture and confiscation efforts against our client.
Representation of a prominent European businessperson in exploring offensive litigation strategies against adversaries conducting a derogatory public relations campaign by alleging the client's involvement in a money laundering investigation being conducted by Spanish authorities, as well as deploying various reputation management efforts to aid the client's factual and legal defenses.
Representation of privately wealthy individuals in providing asset-related litigation advice in relation to an investigation being conducted by Brazilian authorities.
Representation of a government source in successfully protecting highly sensitive, confidential information sought by Russian defendants in a civil money laundering and fraud lawsuit brought by the U.S. government.

Trusts & Estates Litigation

Representation of certain New Zealand trusts to anticipate and develop strategies for preempting or defending against claims in numerous jurisdictions arising from allegations about the trusts’ settlor.
Representation of a Chinese family and an international trustee bank in litigation venued in Jersey concerning US $300 million.
Representation of a well-known, high-level former Brazilian political figure charged in the U.S. with fraud-related offenses in negotiating with the New York District Attorney's Office concerning offshore trust structures related to the client's business interests.
Representation of a Russian billionaire in a dispute over shares in British Virgin Islands companies concerning major Russian energy interests.
Representation of Brazilian parties subject to seizure of their UK-based assets and in establishing an asset repatriation mechanism involving the UK, Jersey, Switzerland, and Brazil.

International Judgment Enforcement & Offshore Asset Recovery

Representation of clients challenging the UK’s recognition of Russian insolvency on the grounds that the recognition is manifestly contrary to UK public policy. The team obtained the first-of-its-kind award ordering the foreign liquidator to post substantial security for our clients’ costs, which significantly changed the litigation’s dynamics in the clients’ favor.
Representation of a Fortune 50 company in implementing global insolvency and enforcement strategy against a company accused of funding and supporting a multibillion-dollar fraud.
Representation of a European individual in defending against the enforcement of a foreign judgment entered in the New York Supreme Court for approximately US $378 million in relation to allegations of both civil and criminal fraud.
Representation of an energy and natural resources company in relation to global claim monetization efforts against perpetrators of technology theft worth in excess of $500 million.
Representation of Chevron in the successful enforcement of an investment treaty arbitration award against the Republic of Ecuador for US $100 million+ (with interest). Kobre & Kim’s efforts in executing an enforcement strategy, including asset tracing, efforts to identify seizure targets and the service of numerous discovery requests, culminated in Ecuador’s paying Chevron the entirety of the original award plus interest.

SERVICES

Government Enforcement Defense Trusts & Estates Litigation International Judgment Enforcement & Offshore Asset Recovery

Professional & Community Involvement

Chancery Bar Association, Member
Commercial Bar Association, Member
Society of Trust and Estate Practitioners, Member
American Bankruptcy Institute, Member
New York State Bar Association, Member
New York City Bar Association, Member
The Bar Association of the District of Columbia, Member
International Compliance Association, Fellow

SERVICES

Government Enforcement Defense Trusts & Estates Litigation International Judgment Enforcement & Offshore Asset Recovery

Publications & Presentations

Speaker, “The Brexit Effect: What You Need to Know” (American Bar Association, Webinar, September 2016)
Co-author, "Guardianship: Strategies for Minimizing Risk" (Family Office Exchange, September 2016)
Co-author, “How Will London’s Specialist Court Affect U.S. Companies?” (Law 360, November 2015)

SERVICES

Government Enforcement Defense Trusts & Estates Litigation International Judgment Enforcement & Offshore Asset Recovery

Credentials

Admissions

Special Legal Consultant, District of Columbia
Barrister, Eastern Caribbean Supreme Court (British Virgin Islands)
Barrister, England & Wales
New York
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York

Education

University of Cambridge, MA, Law, double first-class honors
ICA International Diploma, Anti Money Laundering
ICA Professional Postgraduate Diploma, Financial Crime Compliance

Accolades

Chambers & Partners, Financial Crime: High-Net-Worth Individuals
The Legal 500, Commercial Litigation
Citywealth Magazine, Leaders List: Private Wealth and Advisory Industry

Engagements

Government Enforcement Defense

Representation of Jho Low, an international businessman, in global legal matters arising out of the “1MDB” matter, which involve criminal charges and civil asset forfeiture proceedings brought by the DOJ, as well as additional legal action from authorities located in Switzerland, Saudi Arabia, Abu Dhabi, Singapore and various other countries, involving several billions USD in controversy. We have resisted ongoing forfeiture and confiscation efforts for several years, and engaged in counter-offensive litigation in the Cayman Islands and New Zealand to secure more favorable positioning for the family’s assets.
Representation of two Russian businessmen in connection with an investigation by Russian authorities into the Russia-based financial institutions founded by our clients. The Russian Federation is making numerous politically motivated legal assistance requests against our clients around the world in both onshore (e.g., the U.S.) and offshore (Mauritius and the Cook Islands) jurisdictions. We are coordinating the global defense of those requests. We are also acting as counsel in an ongoing civil case in the U.S., as well as implementing defensive strategies, including a “clean funds” analysis, with respect to cross-border asset forfeiture proceedings.
Representation of several executives of Unaoil, a company operating in the Middle East, Central Asia and Africa, in providing a strategy to release and protect assets in the U.S., the UK, the Cayman Islands and several other offshore jurisdictions in light of a foreign bribery investigation being conducted by the DOJ and UK authorities. In a major victory for our clients, our firm secured an order from a court in an offshore jurisdiction allowing for the replacement of the trustee at the request of the trust settlor and the distribution of once frozen funds.
Representation of an individual in an investigation being conducted by the U.S. DOJ and other authorities into alleged bribery with respect to vendor contracts awarded to a state-owned oil company and money laundering regarding the same, in which we performed a “clean funds” analysis in aid of anticipated forfeiture and confiscation efforts against our client.
Representation of a prominent European businessperson in exploring offensive litigation strategies against adversaries conducting a derogatory public relations campaign by alleging the client's involvement in a money laundering investigation being conducted by Spanish authorities, as well as deploying various reputation management efforts to aid the client's factual and legal defenses.
Representation of privately wealthy individuals in providing asset-related litigation advice in relation to an investigation being conducted by Brazilian authorities.
Representation of a government source in successfully protecting highly sensitive, confidential information sought by Russian defendants in a civil money laundering and fraud lawsuit brought by the U.S. government.

Trusts & Estates Litigation

Representation of certain New Zealand trusts to anticipate and develop strategies for preempting or defending against claims in numerous jurisdictions arising from allegations about the trusts’ settlor.
Representation of a Chinese family and an international trustee bank in litigation venued in Jersey concerning US $300 million.
Representation of a well-known, high-level former Brazilian political figure charged in the U.S. with fraud-related offenses in negotiating with the New York District Attorney's Office concerning offshore trust structures related to the client's business interests.
Representation of a Russian billionaire in a dispute over shares in British Virgin Islands companies concerning major Russian energy interests.
Representation of Brazilian parties subject to seizure of their UK-based assets and in establishing an asset repatriation mechanism involving the UK, Jersey, Switzerland, and Brazil.

International Judgment Enforcement & Offshore Asset Recovery

Representation of clients challenging the UK’s recognition of Russian insolvency on the grounds that the recognition is manifestly contrary to UK public policy. The team obtained the first-of-its-kind award ordering the foreign liquidator to post substantial security for our clients’ costs, which significantly changed the litigation’s dynamics in the clients’ favor.
Representation of a Fortune 50 company in implementing global insolvency and enforcement strategy against a company accused of funding and supporting a multibillion-dollar fraud.
Representation of a European individual in defending against the enforcement of a foreign judgment entered in the New York Supreme Court for approximately US $378 million in relation to allegations of both civil and criminal fraud.
Representation of an energy and natural resources company in relation to global claim monetization efforts against perpetrators of technology theft worth in excess of $500 million.
Representation of Chevron in the successful enforcement of an investment treaty arbitration award against the Republic of Ecuador for US $100 million+ (with interest). Kobre & Kim’s efforts in executing an enforcement strategy, including asset tracing, efforts to identify seizure targets and the service of numerous discovery requests, culminated in Ecuador’s paying Chevron the entirety of the original award plus interest.

News

Professional & Community Involvement

Chancery Bar Association, Member
Commercial Bar Association, Member
Society of Trust and Estate Practitioners, Member
American Bankruptcy Institute, Member
New York State Bar Association, Member
New York City Bar Association, Member
The Bar Association of the District of Columbia, Member
International Compliance Association, Fellow

Publications & Presentations

Speaker, “The Brexit Effect: What You Need to Know” (American Bar Association, Webinar, September 2016)
Co-author, "Guardianship: Strategies for Minimizing Risk" (Family Office Exchange, September 2016)
Co-author, “How Will London’s Specialist Court Affect U.S. Companies?” (Law 360, November 2015)

"A cutting-edge expert at cross-border investigations."

- Legal 500

"Easy to work with, smart, but tough when necessary."
- Chambers & Partners

"He is articulate, well-prepared, knowledgeable and highly effective. He never loses sight of the importance of pragmatism in litigation and is well-liked by clients."
- Citywealth

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