Martin Kenney & Co (MKS)

Firm Details:

Head of Firm: Martin Kenney

Partner: Dan Wise

Head of Litigation: Andrew Gilliland

Consultant: Charles Bott KC

Number of partners: 2

Number of other fee-earners: 11

Languages: English, Dutch, German, Portuguese, Russian, Spanish

Firm Overview:

Martin Kenney & Co (MKS) is a cutting-edge litigation practice based in the BVI, focused on multi-jurisdictional fraud and complex insolvency cases. Martin Kenney has been rated as the world's no.1 asset recovery lawyer offshore by Who's Who Legal, is a co-founder of ICC FraudNet and a recipient of the coveted Cressey Award for lifetime achievement from the Association of Certified Fraud Examiners (ACFE). He is a Visiting Professor at the University of Central Lancashire's School of Justice.

Main Areas of practice:

• Asset Recovery
• Complex Commercial Litigation & Arbitration
• International Insolvency
• Disclosure & Interim Freezing Orders
• International, Regional & Caribbean Investigations
• High Value Divorce Proceedings

Clients:

Nissan Motor Co., Stanford International Bank (in liquidation), Government of the Virgin Islands, and 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.

Complex Commercial Litigation & Arbitration: 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 their representation of the liquidators of Stanford International Bank for many years.

Disclosure & Interim Freezing Orders: 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.

International, Regional and Caribbean 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.

High-Value Divorce Proceedings: 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.

Contacts:

Arbitration, Asset Recovery, Commercial Litigation, Insolvency, Professional Negligence: Martin Kenney (Head of Firm), Dan Wise (Partner), Andrew Gilliland (Head of Litigation), Malcolm Arthurs, Jamie James, Andrew Blackburn, Markus Stadler, Anna Korneva, Jaavone Taylor.

Investigations: Tony McClements (Head of Investigations), Harley Thomas (Forensic Accountant/Senior Investigator), Dave Milner (Senior Investigator)