Martin Kenney & Co.

The firm: Martin Kenney & Co (MKS) is a world-leading asset recovery legal practice based in the BVI, focused on multi-jurisdictional fraud and complex insolvency cases. The firm’s work lies at the intersection of cross-border insolvency, creditors’ rights and complex commercial litigation.

Main areas of practice:

• Asset recovery
• Commercial litigation
• International insolvencies
• Interim remedies
• Arbitration
• Family succession fraud
• High value divorce
• Private prosecutions
• Global investigations
• Forensic accountancy
• Digital forensics

Clients: Nissan Motor Co., Stanford International Bank (in liquidation), Tethyan & others.

International work

Traditional asset recovery: Most complex fraud cases are now transnational in nature, with fraudsters seeking to launder the proceeds of their deception through numerous bank accounts held by different corporate vehicles, linked in turn to bogus transactions and the purchase of assets. In response, MKS’s team of lawyers and investigators is able to mount asset recovery campaigns worldwide to “follow the money”, returning wealth to its rightful owners. Where necessary, the firm is assisted by its international sister network of asset recovery lawyers, ICC FraudNet, giving it a truly global reach.

Non-traditional value recovery‎: When tracing strands of misappropriated value, MKS seeks to identify “enablers of fraud” such as banks, law and accounting firms‎, and company administrators. The firm then seeks to measure their degree of possible legal responsibility for a client’s loss by fraud. MKS regularly pursues actions for damages against deep-pocketed facilitators of fraud, as an alternative strategy to achieve recovery on the basis of ancillary theories of liability such as negligence, dishonest assistance, knowing receipt and civil conspiracy.

Commercial litigation: MKS is experienced in bringing complex proceedings before the BVI Commercial Court, as well as other courts in the Eastern Caribbean, and before Arbitral Tribunals.

International insolvency: Many jurisdictions have insolvency legislation which assists the effective investigation of the affairs of those who previously ran insolvent companies. The recovery of assets improperly removed from those companies in the run-up to insolvency is also often possible. MKS has a particular expertise in such situations, in part deriving from our representation of the liquidators of Stanford International Bank for many years.

Interim remedies: A key component of the practice’s work is the use of interim disclosure and freezing orders as part of substantive litigation it may run, or ancillary to substantive litigation elsewhere. The BVI and the wider Eastern Caribbean, in common with most English-based jurisdictions, has a wide variety of interim remedies available for effective asset recovery. It is very often both cost effective and vital to obtain such orders – if necessary, including sealing and gagging components – as part of the buildup to substantive litigation.

Arbitration: We are regularly called upon to enforce large value arbitration awards and money judgments, including in investor-state disputes. For example, our team was part of the first week-long arbitration to be held at the BVI International Arbitration Centre, concerning a dispute between two high-profile resort owners in the BVI.

Family succession fraud: The largest transfer of wealth from one generation to the next is going on right now. The members of the Baby Boomer generation are transferring trillions of dollars of value to their offspring. A small but not insignificant proportion of this enormous inter-generational passing of wealth has become the target of dishonest fiduciaries and, sadly, some unscrupulous family members. MKS has located, frozen and recovered concealed assets in a number of cases for the victims of high-value family succession fraud.

High-value divorce: On numerous occasions MKS has obtained interim orders in aid of divorce proceedings onshore, normally focused upon attributing beneficial ownership of an offshore vehicle into which an asset of significant value has been vested. Similarly, it has also obtained orders which have assisted in proving that the settlor of a trust vehicle has not in fact relinquished control of that vehicle, and therefore the assets vested in the trust are available to be distributed within the matrimonial estate.

Private criminal prosecutions: We have specialist capability to undertake private criminal prosecutions, providing clients with access to England’s criminal justice system – in the right case – as a potential solution to those who have been the victim of economic crime.

Global investigations: The firm’s Investigation Unit (IU) boasts two investigative wings, one based in the BVI and another in the UK. The unit specialises in the taking of complex witness statements and affidavits, a process that includes the recording, management and presentation of any associated exhibits. It specialises in the production of complex reports that form the foundation of prospective litigation processes, for the use of asset recovery lawyers across the globe. The team has extensive experience of utilising various surveillance techniques to supplement the evidence gathering process. The IU is also well connected throughout the Caribbean region.

Forensic accountancy: Our in-house forensic accounting capabilities blend a combination of accounting, auditing and investigative skills to analyse complex financial data and present findings that in many instances will be used in legal proceedings.

Digital forensics: Our investigators work closely with external partners to access cutting-edge artificial intelligence systems that can prove invaluable to building court cases.

Contacts

Arbitration, asset recovery, commercial litigation, insolvency, professional negligence: Martin Kenney (head of firm), Dan Wise (partner), Andrew Gilliland (head of litigation), Charles Bott KC (consultant), Malcolm Arthurs, Jamie James, Andrew Blackburn, Markus Stadler, Anna Korneva, Jaavone Taylor, Christa Anthony

Investigations: Tony McClements (head of investigations), Harley Thomas (forensic accountant), David Milner (investigator)

Office
Martin Kenney & Co (MKS)
3rd Floor, Flemming House
2 Fishlock Road, Road Town
Tortola VG 1110
British Virgin Islands
t: +1 (284) 494 2444
e: [email protected]
w: martinkenney.com

Head of firm: Martin Kenney
Partner: Dan Wise
Head of litigation: Andrew Gilliland
Consultant: Charles Bott KC
Number of partners: 1
Number of other fee-earners: 11
Languages: English, Dutch, German, Russian, Portuguese, Spanish