Banking, Litigation, Insolvency, Civil Fraud, Arbitration

Principal

Andrew Ford is a leading commercial litigator focused on large international disputes, fraud, and asset tracing exercises. His expertise includes disputes involving banking transactions, derivatives, claims in tort and unfair prejudice allegations (minority shareholder actions). Recognized for his expertise in international fraud cases, Andrew has significant experience with investigating acts of fraud and pursuing related claims, and defending against allegations of fraud.

Andrew has undertaken a large number of investigations and prosecutions on behalf of professional regulatory bodies, and has niche experience with disciplinary investigations into allegations of dishonesty and corruption. He has represented sportsmen faced with allegations of match-fixing and the use of banned substances. Andrew also represents various individuals and sporting organisations in civil litigation.

Andrew’s cases are nearly always international, with a significant number emanating from Continental Europe and the Middle East. Clients and peers appreciate Andrew’s commerciality and ability to develop strategies to resolve the most complicated and large-scale frauds, and his efficient, pragmatic and down to earth approach.

Prior to joining LK, Andrew was European Regional Leader of Withers’ Commercial Litigation and Fraud Group, a role he assumed in September 2009 after spending three years in the firm’s Geneva office.

Andrew has advised on numerous large-scale commercial disputes involving allegations of fraud, corporate collapses and financial products. Examples of these projects include:

Current Projects

Al Gosaibi Family & Group (‘AHAB’)

Acting for AHAB, a large group of companies run by the Al Gosaibi family, in their claims against Mr Maan Al Sanea and his Saad Group concerning his role in an alleged fraud resulting in losses of at least US$9 billion.

AHAB contends that Mr Al Sanea used his position (as the head of a division of the company) to borrow hundreds of billions of dollars in the company’s name using forged banking documents and then misappropriated some of the proceeds. AHAB contends that at least US$6 billion was stolen by Mr Al Sanea.

Since 2009, Andrew has worked with a global team of lawyers and forensic accountants to coordinate the investigation into the fraud and the tracing of misappropriated assets. This has involved working with local lawyers in Saudi Arabia, United Arab Emirates, Switzerland and the Cayman Islands. Further, Andrew and his team have liaised with foreign prosecutors and authorities in an effort to pursue charges against Mr Al Sanea and use criminal powers of attachment and enforcement to recover assets.

Banco Santander Totta v Companhia Carris De Ferro de Lisboa SA & Ors Representing four Portuguese transport companies in claims brought by Banco Santander Totta. Our clients undertook derivative transactions with the bank that resulted in them paying interest rates under some swap contracts of more than 60 per cent, despite Euribor rates of less than 1 per cent.

Banco Santander Totta sought a declaration in the London Commercial Court that the swap agreements entered into by the companies are binding, and damages from the companies.

A six week trial took place in October 2015 – noted as one of The Lawyer magazine’s Top 20 cases of 2015 - that examined the capacity of the companies to enter into the transactions and the application of mandatory provisions of Portuguese law to the governing ISDA master agreements.

Actial v De Simone & Ors

Representing Actial (a pharmaceutical company) in a dispute over intellectual property rights and the ‘know-how’ in a pro-biotic medical food. Actial claims to have acquired the know-how in a product that is used to treat serious digestion-system conditions, which is disputed by Professor De Simone. Andrew and his team secured interlocutory mandatory injunctions, enabling Actial to supply its distributor with the product.

LK is working with a global team of advisors who also represent the associate group of companies in various claims (Switzerland, United States, Italy and London) against the alleged infringer of Actial’s IP rights.

Past Projects

Langbar v Rybak & Ors

Represented Rybak in a claim that arose from one of the largest collapses of a company on the London Alternative Investment Market (AIM) and which resulted in one of the biggest civil fraud trials of 2007/2008.

In defending the action, it was necessary to investigate and adduce evidence on the modus operandi and identity of the fraudsters. Andrew was able to demonstrate to the Claimant’s satisfaction that Rybak was not the architect of the fraud, contrary to their pleadings and the evidence filed in support of an earlier freezing order. As such, Rybak did not face criminal charges and was the only active defendant in a civil trial that lasted 53 days. A commercial settlement was achieved, which left Rybak with substantial assets and no finding of fraud.

Walanpatrias v Lehman Brothers & Ors

Represented a foundation in a dispute over the beneficial entitlement to assets

exceeding US$100 million held in an account with Lehman Brothers in London.

Andrew and his team worked with lawyers and witnesses in Monaco, England, Switzerland, Liechtenstein, New York and Florida. Evidence was obtained from outside England via deposition (New York and Florida), criminal proceedings (Monaco) and through official channels in civil code countries (Switzerland).

CIBC Mellon Trust v Stolzenberg & Ors

Represented a European real estate investor affected by the collapse of the Castor group of companies, the largest insolvency in Canada’s history. CIBC Mellon Trust obtained a worldwide freezing order and default judgment in a dispute concerning the collapse and the underlying fraud. The freezing order covered the client’s assets.

To challenge the freezing order it was necessary to investigate the fraud that led to the collapse of Castor. Working with Canadian, Italian, Swiss and American witnesses and lawyers, Andrew successfully demonstrated to the court the true version of events, which led to the discharge of the freezing order and recovery of assets for his client.

Formula 1 Spygate Investigation

Represented Renault F1 before the FIA in relation to charges against both McLaren F1 and Renault F1 that both teams had used data stolen from competitor teams. Andrew investigated these allegations and adduced evidence before the FIA demonstrating that while there had been an inadvertent technical breach, Renault F1 had not made use of the data. Renault F1 was not sanctioned.

Formula 1 Crashgate Investigation

Represented Renault F1 before the FIA in a case concerning allegations made against the Renault F1 Team Principal (and others) that a driver had been instructed to deliberately crash into a wall at the Singapore GP 2008, which allegedly gave an advantage to the team’s other driver Fernando Alonso. Andrew investigated the allegations, the conclusions of which were accepted by the FIA, and the team was permitted to continue its participation in the sport on the basis that the conspirators were limited to the driver Nelson Piquet Junior, the Team Principal and Executive Director of Engineering.

Solicitor of the Senior Courts, England and Wales (1994)