intelligence for developing your legal strategy. An investigator’s report at this stage can also help in obtaining funding for the case, and we often work with law firms to provide them with an initial report or asset map that forms part of their submission to funders. When legal cases are underway, investigators can assist in further identification of assets, but also importantly monitoring known assets for evidence of dissipation. Good investigators know what to check for in such instances, looking for the movement of assets into more complex structures, the names of proxies, or other approaches such as “sham” divorces designed to thwart creditors. Investigators can also provide verification of asset disclosures during proceedings – the discovery of false or misleading information can be a powerful weapon for lawyers. In a post judgment scenario, you may find that the other side is reluctant to pay. The debtor may be protected in a jurisdiction which is unwilling to recognise your judgment. In this instance, investigators can help bring about speedy resolutions by identifying assets that will create leverage. For example, a private jet owned by the subject may be found to have landed in an enforcement friendly jurisdiction. Seizure may create embarrassment and an impediment to daily life or business operations that brings the other side to the negotiating table. What are the first stages in an investigator’s response? In most cases, clients approach investigators with a set of predetermined requirements which they believe will assist them in resolving an issue or in advancing their legal claim. This will often include a demand to focus only on certain jurisdictions, which can be challenging for investigators as while the underlying asset, such as property, may be in one jurisdiction, the corporate structure through which this property is owned can often cross multiple jurisdictions. The first job is to receive the full context on the client’s issue, and to fully understand what the client is looking to achieve. We seek to obtain all the information already gathered by the client and prepare a bespoke strategy, weighing up the costs versus the benefits of any proposed approach and consult the client on the most cost-efficient way to achieve desired outcomes. In addition to advising clients on the best course of action, it is critical to be candid with clients in advising against certain actions, which would likely be ineffective or even counterproductive. In most matters, the best outcomes for clients are achieved through investigators and lawyers working closely together to develop, or support, a clear legal strategy. We need to be well versed in working across a range of jurisdictions, understand that investigations can evolve rapidly, and have the experience and know-how to be able to revise strategies and meet changing requirements at any point of an investigation. Which are the most useful tools or technology available to maximise the chances of success? There are a range of proprietary databases and AI technology that are becoming increasingly advanced and intuitive. This technology is an essential tool for investigators to streamline and automate open source and public record research. However, even with access to an array of high-quality databases and records repositories, human input is still paramount to draw out all relevant connections and to maximise the effectiveness of open-source research. For example, investigators can automate searches across online corporate records archives, significantly cutting down time needed to map a subject’s corporate footprint. However, completing and validating this research often requires the subsequent retrieval of the original corporate filings from the official source. In one previous case, we were instructed by a client to identify the global asset footprint of a public official believed to have acquired substantial assets outside of their home country through bribery and corrupt schemes. We were ultimately able to connect the subject to ill-gotten assets – a global portfolio of high value real estate – through in-depth analysis of social media profiles belonging to the subject’s family. Initial analysis and connection mapping was made easier by the technology at our disposal. Then, through further analysis we were able to identify a network of nominees used by the subject to hold the real estate on their behalf, obfuscating the connection between the subject and these high-value assets. The link between the subject and these properties did not exist in official records and it needed an 26 LAWYER MONTHLY FEBRUARY 2024 I think there is now a greater understanding of what investigators can offer in terms of asset recovery and a willingness from lawyers to engage with them early in the process.
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