[Webinar] Catch Me If You Can: Chasing Fraudsters Across Borderless Cyberspace

No. of Public CPD Points: 1.5 Practice Area: Others/Multi-disciplinary Training Level: General

About the Programme

1. With the increasing digitization of trade and communications, and the growing popularity of cryptocurrency and digital assets, it is important that the law keeps pace with the developments to counter cyber fraud on a global scale.

2. In 2017, the English Commercial Court granted a worldwide freezing injunction over the assets of “Persons Unknown” who were accused of committing large-scale, international financial fraud over the interest. This injunction was the first of its kind to be granted against alleged perpetrators who had not been identified. Since then, there have been a handful of other similar “Persons Unknown” injunctions and ancillary orders granted by the English Courts, including self-identification orders or what is known as “I AM SPARTACUS” orders. Emerging case law has also clarified where and to what extent Bankers Trust orders and similar relief can be granted against entities such as crypto-exchanges. In Asia, Malaysia is the first jurisdiction that has seen a “Persons Unknown” injunction and an “I AM SPARTACUS” order. In December 2020, the Malaysian High Court issued its first judgment granting a Mareva freezing injunction and proprietary injunction against “Persons Unknown” in Zschimmer & Schwarz GmbH & Co KG Chemische Fabriken v Persons Unknown & Anor [2021] 7 MLJ 178.

3. In Singapore, while there is academic commentary, for example, “Can a Persons Unknown Injunction Be Deployed in the Singapore Courts?” [2019] SAL Prac 5 (https://journalsonline.academypublishing.org.sg/Journals/SAL-Practitioner/Advocacy-and-Procedure/ctl/eFirstSALPDFJournalView/mid/589/ArticleId/1348/Citation/JournalsOnlinePDF), we have yet to see a judgment on this. Given the nascent stage of legal developments in the crypto-space, this webinar will delve into the complications and issues that have arisen and may arise in crypto-fraud cases. The speakers will be touching on:

1. the various enforcement actions that can be taken out in crypto-fraud cases;
2. the development of the jurisprudence in the common law; and
3. the interaction between cross-border criminal, regulatory and civil proceedings.

Speakers

• Danny Quah – Counsel, Providence Law Asia LLC (Facilitator for Panel Discussion)
• Matthew Lavy – Barrister, 4 Pump Court
• Lee Shih – Managing Partner, Lim Chee Wee Partnership
• Kenny Lau – Counsel, Providence Law Asia LLC

For more information, please click here for the publicity brochure.

For other CPD events, please visit the LawSoc CPD Portal.