Obstacles On The Path To Recovery

Article by Martin Kenney & Elizabeth O'Brien

Introduction.

There are many obstacles that must be traversed by a claimant or victim on his path to recovery that are fundamental to the design of any asset recovery litigation. They include:

• A multi-jurisdictional complex of facts and legal problems.

• Disharmony in legal rules governing the provision of access to documentation and information reposed in the hands of third party capital market intermediaries who come to handle or unwittingly launder the suspect money.

• Bank, fiduciary relation and company secrecy laws which purport to frustrate attempts to access information leading to the discovery of the whereabouts of stolen wealth.