hogan lovells the solicitor's role gathering the evidence –disclosure in most cases:...

Hogan Lovells The solicitor's role • Gathering the evidence – Disclosure in most cases: – Disclosure in most fraud cases: 1

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Hogan Lovells 1

The solicitor's role

• Gathering the evidence

– Disclosure in most cases:

– Disclosure in most fraud cases:

Hogan Lovells 2

Cypriot search order

• Jason Hercules

• Use of backdated trust documents

• "the date we have in the trust deed.... the date we need...."

Page 3: Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

Hogan Lovells 3

Yahoo!

• Disclosure order made against the address "[email protected]" (Syrym)

• c.30 files of emails and attachments disclosed

Page 4: Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

Hogan Lovells 4

Yahoo!

• Repeated orders against numerous accounts – all then believed to be run by Shalabayev – c.70 files of emails and attachments disclosed

• Effectively permitted real-time monitoring of the accounts without the account-holder's knowledge

Page 5: Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

Hogan Lovells 5

Yahoo!

• Demonstrated non-disclosure of assets on a massive scale

• Also demonstrated ongoing dealings in frozen assets

→ Allowed a committal application to be brought in relation to 19 allegations of non-disclosure and 13 allegations of dealings with frozen assets

Page 6: Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

Hogan Lovells 6

IP addresses

• Yahoo! also required to provide the IP addresses from which the accounts were accessed:

– provides information which can be used to track a fugitive

– used to prove that all the accounts were in fact being administered by Shalabayev

Page 7: Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

Hogan Lovells 7

The upshot

• "The stuff that litigators' dreams are made of"

• Eureka!

Page 8: Hogan Lovells The solicitor's role Gathering the evidence –Disclosure in most cases: –Disclosure in most fraud cases: 1

www.hoganlovells.com

Hogan Lovells has offices in:

AlicanteAmsterdamBaltimoreBeijingBerlinBrusselsBudapest*CaracasColorado Springs

DenverDubaiDusseldorfFrankfurtHamburgHanoiHo Chi Minh CityHong KongHouston

Jakarta*Jeddah*LondonLos AngelesMadridMiamiMilanMoscowMunich

New YorkNorthern VirginiaParisPhiladelphiaPragueRiyadh*RomeSan FranciscoShanghai

Silicon ValleySingaporeTokyoUlaanbaatarWarsawWashington DCZagreb*

"Hogan Lovells" or the "firm" is an international legal practice that includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses.

The word "partner" is used to describe a partner or member of Hogan Lovells International LLP, Hogan Lovells US LLP or any of their affiliated entities or any employee or consultant with equivalent standing. Certain individuals, who are designated as partners, but who are not members of Hogan Lovells International LLP, do not hold qualifications equivalent to members.

For more information about Hogan Lovells, the partners and their qualifications, see www.hoganlovells.com.

Where case studies are included, results achieved do not guarantee similar outcomes for other clients. Attorney Advertising.

*Associated offices

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