International Fraud and Asset Tracing 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers


INTRODUCTION
6

Contributed by Simon Bushell and Gareth Keillor, Seladore Legal
6

AUSTRALIA
12

Law and Practice
12

Contributed by HFW
12

BRAZIL
37

Law and Practice
37

Contributed by Duarte Forssell Advogados
37

Trends and Developments
58

Contributed by Duarte Forssell Advogados
58

CAYMAN ISLANDS
65

Law and Practice
65

Contributed by Appleby
65

Trends and Developments
82

Contributed by Appleby
82

CHILE
90

Law and Practice
90

Contributed by Bofill Escobar Silva Abogados
90

Trends and Developments
105

Contributed by Winter Etcheberry
105

CHINA
113

Trends and Developments
113

Contributed by Secretariat
113

FRANCE
122

Law and Practice
122

Contributed by Le 16 Law
122

Trends and Developments
143

Contributed by Le 16 Law
143

GREECE
150

Law and Practice
150

Contributed by ANAGNOSTOPOULOS
150

Trends and Developments
165

Contributed by Ovvadias S. Namias Law Firm
165

HONG KONG SAR, CHINA
172

Law and Practice
172

Contributed by Holman Fenwick Willan
172

INDIA
196

Law and Practice
196

Contributed by AZB & Partners
196

Trends and Developments
224

Contributed by AZB & Partners
224

ITALY
232

Trends and Developments
232

Contributed by Fornari e Associati
232

LIECHTENSTEIN
242

Law and Practice
242

Contributed by Niedermüller Attorneys-at-Law
242

MONACO
265

Law and Practice
265

Contributed by Donald Manasse Law Offices
265

POLAND
279

Law and Practice
279

Contributed by KW Kruk and Partners Law Firm
279

Trends and Developments
295

Contributed by KW Kruk and Partners Law Firm
295

SINGAPORE
298

Law and Practice
298

Contributed by Rajah & Tann Singapore LLP
298

Trends and Developments
315

Contributed by Rajah & Tann Singapore LLP
315

SOUTH KOREA
320

Law and Practice
320

Contributed by DR & AJU LLC
320

SWITZERLAND
337

Law and Practice
337

Contributed by Monfrini Bitton Klein
337

Trends and Developments
357

Contributed by Canonica Valticos Carnicé & Associés
357

UK
366

Law and Practice
366

Contributed by Seladore Legal
366

Trends and Developments
386

Contributed by StoneTurn
386

UNITED ARAB EMIRATES
393

Law and Practice
393

Contributed by Herbert Smith Freehills
393

Trends and Developments
418

Contributed by Herbert Smith Freehills (Dubai)
418

USA
425

Law and Practice
425

Contributed by MoloLamken
425

Trends and Developments
447

Contributed by MoloLamken
447

USA – NEW YORK
453

Trends and Developments
453

Contributed by Quinn Emanuel Urquhart & Sullivan, LLP
453

1. Fraud Claims
15

1.1 General Characteristics of Fraud Claims
15

1.2 Causes of Action After Receipt of a Bribe
16

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
17

1.4 Limitation Periods
18

1.5 Proprietary Claims Against Property
19

1.6 Rules of Pre-Action Conduct
20

1.7 Prevention of Defendants Dissipating or Secreting Assets
20

2. Procedures and Trials
21

2.1 Disclosure of Defendants’ Assets
21

2.2 Preserving Evidence
22

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
23

2.4 Procedural Orders
23

2.5 Criminal Redress
23

2.6 Judgment Without Trial
24

2.7 Rules for Pleading Fraud
24

2.8 Claims Against “Unknown” Fraudsters
25

2.9 Compelling Witnesses to Give Evidence
26

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
26

3.1 Imposing Liability for Fraud on to a Corporate Entity
26

3.2 Claims Against Ultimate Beneficial Owners
27

3.3 Shareholders’ Claims Against Fraudulent Directors
27

4. Overseas Parties in Fraud Claims
28

4.1 Joining Overseas Parties to Fraud Claims
28

4.2 Service of Proceedings out of the Jurisdiction
30

5. Enforcement
31

5.1 Methods of Enforcement
31

5.2 Enforcement of Foreign Judgments
32

6. Privileges
32

6.1 Invoking the Privilege Against Self-Incrimination
32

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
32

7. Special Rules and Laws
33

7.1 Rules for Claiming Punitive or Exemplary Damages
33

7.2 Laws to Protect “Banking Secrecy”
34

7.3 Crypto-Assets
35

1. Fraud Claims
41

1.1 General Characteristics of Fraud Claims
41

1.2 Causes of Action After Receipt of a Bribe
43

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
43

1.4 Limitation Periods
44

1.5 Proprietary Claims Against Property
44

1.6 Rules of Pre-Action Conduct
45

1.7 Prevention of Defendants Dissipating or Secreting Assets
45

2. Procedures and Trials
46

2.1 Disclosure of Defendants’ Assets
46

2.2 Preserving Evidence
47

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
48

2.4 Procedural Orders
48

2.5 Criminal Redress
48

2.6 Judgment Without Trial
49

2.7 Rules for Pleading Fraud
50

2.8 Claims Against “Unknown” Fraudsters
50

2.9 Compelling Witnesses to Give Evidence
50

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
51

3.1 Imposing Liability for Fraud on to a Corporate Entity
51

3.2 Claims Against Ultimate Beneficial Owners
51

3.3 Shareholders’ Claims Against Fraudulent Directors
52

4. Overseas Parties in Fraud Claims
52

4.1 Joining Overseas Parties to Fraud Claims
52

4.2 Service of Proceedings out of the Jurisdiction
53

5. Enforcement
53

5.1 Methods of Enforcement
53

5.2 Enforcement of Foreign Judgments
54

6. Privileges
55

6.1 Invoking the Privilege Against Self-Incrimination
55

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
55

7. Special Rules and Laws
55

7.1 Rules for Claiming Punitive or Exemplary Damages
55

7.2 Laws to Protect “Banking Secrecy”
56

7.3 Crypto-Assets
56

1. Fraud Claims
69

1.1 General Characteristics of Fraud Claims
69

1.2 Causes of Action After Receipt of a Bribe
70

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
70

1.4 Limitation Periods
72

1.5 Proprietary Claims Against Property
72

1.6 Rules of Pre-Action Conduct
72

1.7 Prevention of Defendants Dissipating or Secreting Assets
73

2. Procedures and Trials
74

2.1 Disclosure of Defendants’ Assets
74

2.2 Preserving Evidence
74

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
74

2.4 Procedural Orders
75

2.5 Criminal Redress
75

2.6 Judgment Without Trial
75

2.7 Rules for Pleading Fraud
75

2.8 Claims Against “Unknown” Fraudsters
75

2.9 Compelling Witnesses to Give Evidence
76

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
76

3.1 Imposing Liability for Fraud on to a Corporate Entity
76

3.2 Claims Against Ultimate Beneficial Owners
77

3.3 Shareholders’ Claims Against Fraudulent Directors
77

4. Overseas Parties in Fraud Claims
78

4.1 Joining Overseas Parties to Fraud Claims
78

4.2 Service of Proceedings out of the Jurisdiction
78

5. Enforcement
79

5.1 Methods of Enforcement
79

5.2 Enforcement of Foreign Judgments
79

6. Privileges
80

6.1 Invoking the Privilege Against Self-Incrimination
80

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
80

7. Special Rules and Laws
81

7.1 Rules for Claiming Punitive or Exemplary Damages
81

7.2 Laws to Protect “Banking Secrecy”
81

7.3 Crypto-Assets
81

1. Fraud Claims
93

1.1 General Characteristics of Fraud Claims
93

1.2 Causes of Action After Receipt of a Bribe
94

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
94

1.4 Limitation Periods
95

1.5 Proprietary Claims Against Property
95

1.6 Rules of Pre-Action Conduct
96

1.7 Prevention of Defendants Dissipating or Secreting Assets
96

2. Procedures and Trials
97

2.1 Disclosure of Defendants’ Assets
97

2.2 Preserving Evidence
97

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
98

2.4 Procedural Orders
98

2.5 Criminal Redress
98

2.6 Judgment Without Trial
98

2.7 Rules for Pleading Fraud
98

2.8 Claims Against “Unknown” Fraudsters
99

2.9 Compelling Witnesses to Give Evidence
99

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
99

3.1 Imposing Liability for Fraud on to a Corporate Entity
99

3.2 Claims Against Ultimate Beneficial Owners
100

3.3 Shareholders’ Claims Against Fraudulent Directors
100

4. Overseas Parties in Fraud Claims
101

4.1 Joining Overseas Parties to Fraud Claims
101

4.2 Service of Proceedings out of the Jurisdiction
101

5. Enforcement
102

5.1 Methods of Enforcement
102

5.2 Enforcement of Foreign Judgments
102

6. Privileges
103

6.1 Invoking the Privilege Against Self-Incrimination
103

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
103

7. Special Rules and Laws
103

7.1 Rules for Claiming Punitive or Exemplary Damages
103

7.2 Laws to Protect “Banking Secrecy”
104

7.3 Crypto-Assets
104

1. Fraud Claims
126

1.1 General Characteristics of Fraud Claims
126

1.2 Causes of Action After Receipt of a Bribe
126

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
127

1.4 Limitation Periods
127

1.5 Proprietary Claims Against Property
128

1.6 Rules of Pre-Action Conduct
129

1.7 Prevention of Defendants Dissipating or Secreting Assets
129

2. Procedures and Trials
130

2.1 Disclosure of Defendants’ Assets
130

2.2 Preserving Evidence
131

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
132

2.4 Procedural Orders
132

2.5 Criminal Redress
133

2.6 Judgment Without Trial
133

2.7 Rules for Pleading Fraud
134

2.8 Claims Against “Unknown” Fraudsters
134

2.9 Compelling Witnesses to Give Evidence
135

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
135

3.1 Imposing Liability for Fraud on to a Corporate Entity
135

3.2 Claims Against Ultimate Beneficial Owners
136

3.3 Shareholders’ Claims Against Fraudulent Directors
136

4. Overseas Parties in Fraud Claims
137

4.1 Joining Overseas Parties to Fraud Claims
137

4.2 Service of Proceedings out of the Jurisdiction
137

5. Enforcement
138

5.1 Methods of Enforcement
138

5.2 Enforcement of Foreign Judgments
139

6. Privileges
139

6.1 Invoking the Privilege Against Self-Incrimination
139

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
140

7. Special Rules and Laws
140

7.1 Rules for Claiming Punitive or Exemplary Damages
140

7.2 Laws to Protect “Banking Secrecy”
140

7.3 Crypto-Assets
141

1. Fraud Claims
153

1.1 General Characteristics of Fraud Claims
153

1.2 Causes of Action After Receipt of a Bribe
154

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
155

1.4 Limitation Periods
155

1.5 Proprietary Claims Against Property
156

1.6 Rules of Pre-Action Conduct
156

1.7 Prevention of Defendants Dissipating or Secreting Assets
156

2. Procedures and Trials
157

2.1 Disclosure of Defendants’ Assets
157

2.2 Preserving Evidence
157

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
158

2.4 Procedural Orders
158

2.5 Criminal Redress
158

2.6 Judgment Without Trial
159

2.7 Rules for Pleading Fraud
159

2.8 Claims Against “Unknown” Fraudsters
160

2.9 Compelling Witnesses to Give Evidence
160

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
160

3.1 Imposing Liability for Fraud on to a Corporate Entity
160

3.2 Claims Against Ultimate Beneficial Owners
161

3.3 Shareholders’ Claims Against Fraudulent Directors
161

4. Overseas Parties in Fraud Claims
161

4.1 Joining Overseas Parties to Fraud Claims
161

4.2 Service of Proceedings out of the Jurisdiction
162

5. Enforcement
162

5.1 Methods of Enforcement
162

5.2 Enforcement of Foreign Judgments
162

6. Privileges
163

6.1 Invoking the Privilege Against Self-Incrimination
163

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
163

7. Special Rules and Laws
164

7.1 Rules for Claiming Punitive or Exemplary Damages
164

7.2 Laws to Protect “Banking Secrecy”
164

7.3 Crypto-Assets
164

1. Fraud Claims
175

1.1 General Characteristics of Fraud Claims
175

1.2 Causes of Action After Receipt of a Bribe
176

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
177

1.4 Limitation Periods
179

1.5 Proprietary Claims Against Property
179

1.6 Rules of Pre-Action Conduct
181

1.7 Prevention of Defendants Dissipating or Secreting Assets
181

2. Procedures and Trials
182

2.1 Disclosure of Defendants’ Assets
182

2.2 Preserving Evidence
183

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
183

2.4 Procedural Orders
184

2.5 Criminal Redress
185

2.6 Judgment Without Trial
185

2.7 Rules for Pleading Fraud
186

2.8 Claims Against “Unknown” Fraudsters
186

2.9 Compelling Witnesses to Give Evidence
186

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
186

3.1 Imposing Liability for Fraud on to a Corporate Entity
186

3.2 Claims Against Ultimate Beneficial Owners
187

3.3 Shareholders’ Claims Against Fraudulent Directors
187

4. Overseas Parties in Fraud Claims
189

4.1 Joining Overseas Parties to Fraud Claims
189

4.2 Service of Proceedings out of the Jurisdiction
189

5. Enforcement
190

5.1 Methods of Enforcement
190

5.2 Enforcement of Foreign Judgments
191

6. Privileges
192

6.1 Invoking the Privilege Against Self-Incrimination
192

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
192

7. Special Rules and Laws
192

7.1 Rules for Claiming Punitive or Exemplary Damages
192

7.2 Laws to Protect “Banking Secrecy”
193

7.3 Crypto-Assets
194

1. Fraud Claims
200

1.1 General Characteristics of Fraud Claims
200

1.2 Causes of Action After Receipt of a Bribe
201

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
202

1.4 Limitation Periods
203

1.5 Proprietary Claims Against Property
203

1.6 Rules of Pre-Action Conduct
205

1.7 Prevention of Defendants Dissipating or Secreting Assets
206

2. Procedures and Trials
207

2.1 Disclosure of Defendants’ Assets
207

2.2 Preserving Evidence
208

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
210

2.4 Procedural Orders
210

2.5 Criminal Redress
210

2.6 Judgment Without Trial
211

2.7 Rules for Pleading Fraud
212

2.8 Claims Against “Unknown” Fraudsters
212

2.9 Compelling Witnesses to Give Evidence
212

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
213

3.1 Imposing Liability for Fraud on to a Corporate Entity
213

3.2 Claims Against Ultimate Beneficial Owners
213

3.3 Shareholders’ Claims Against Fraudulent Directors
213

4. Overseas Parties in Fraud Claims
214

4.1 Joining Overseas Parties to Fraud Claims
214

4.2 Service of Proceedings out of the Jurisdiction
216

5. Enforcement
216

5.1 Methods of Enforcement
216

5.2 Enforcement of Foreign Judgments
217

6. Privileges
218

6.1 Invoking the Privilege Against Self-Incrimination
218

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
219

7. Special Rules and Laws
220

7.1 Rules for Claiming Punitive or Exemplary Damages
220

7.2 Laws to Protect “Banking Secrecy”
221

7.3 Crypto-Assets
222

1. Fraud Claims
246

1.1 General Characteristics of Fraud Claims
246

1.2 Causes of Action After Receipt of a Bribe
248

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
249

1.4 Limitation Periods
249

1.5 Proprietary Claims Against Property
249

1.6 Rules of Pre-Action Conduct
251

1.7 Prevention of Defendants Dissipating or Secreting Assets
251

2. Procedures and Trials
253

2.1 Disclosure of Defendants’ Assets
253

2.2 Preserving Evidence
254

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
255

2.4 Procedural Orders
255

2.5 Criminal Redress
255

2.6 Judgment Without Trial
256

2.7 Rules for Pleading Fraud
257

2.8 Claims Against “Unknown” Fraudsters
257

2.9 Compelling Witnesses to Give Evidence
257

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
258

3.1 Imposing Liability for Fraud on to a Corporate Entity
258

3.2 Claims Against Ultimate Beneficial Owners
259

3.3 Shareholders’ Claims Against Fraudulent Directors
260

4. Overseas Parties in Fraud Claims
261

4.1 Joining Overseas Parties to Fraud Claims
261

4.2 Service of Proceedings out of the Jurisdiction
261

5. Enforcement
261

5.1 Methods of Enforcement
261

5.2 Enforcement of Foreign Judgments
262

6. Privileges
262

6.1 Invoking the Privilege Against Self-Incrimination
262

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
262

7. Special Rules and Laws
263

7.1 Rules for Claiming Punitive or Exemplary Damages
263

7.2 Laws to Protect “Banking Secrecy”
263

7.3 Crypto-Assets
263

1. Fraud Claims
268

1.1 General Characteristics of Fraud Claims
268

1.2 Causes of Action After Receipt of a Bribe
269

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
270

1.4 Limitation Periods
270

1.5 Proprietary Claims Against Property
270

1.6 Rules of Pre-Action Conduct
271

1.7 Prevention of Defendants Dissipating or Secreting Assets
271

2. Procedures and Trials
272

2.1 Disclosure of Defendants’ Assets
272

2.2 Preserving Evidence
272

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
272

2.4 Procedural Orders
273

2.5 Criminal Redress
273

2.6 Judgment Without Trial
273

2.7 Rules for Pleading Fraud
273

2.8 Claims Against “Unknown” Fraudsters
274

2.9 Compelling Witnesses to Give Evidence
274

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
274

3.1 Imposing Liability for Fraud on to a Corporate Entity
274

3.2 Claims Against Ultimate Beneficial Owners
274

3.3 Shareholders’ Claims Against Fraudulent Directors
275

4. Overseas Parties in Fraud Claims
275

4.1 Joining Overseas Parties to Fraud Claims
275

4.2 Service of Proceedings out of the Jurisdiction
275

5. Enforcement
276

5.1 Methods of Enforcement
276

5.2 Enforcement of Foreign Judgments
276

6. Privileges
277

6.1 Invoking the Privilege Against Self-Incrimination
277

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
277

7. Special Rules and Laws
277

7.1 Rules for Claiming Punitive or Exemplary Damages
277

7.2 Laws to Protect “Banking Secrecy”
278

7.3 Crypto-Assets
278

1. Fraud Claims
282

1.1 General Characteristics of Fraud Claims
282

1.2 Causes of Action After Receipt of a Bribe
282

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
283

1.4 Limitation Periods
283

1.5 Proprietary Claims Against Property
284

1.6 Rules of Pre-Action Conduct
284

1.7 Prevention of Defendants Dissipating or Secreting Assets
285

2. Procedures and Trials
285

2.1 Disclosure of Defendants’ Assets
285

2.2 Preserving Evidence
286

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
286

2.4 Procedural Orders
287

2.5 Criminal Redress
288

2.6 Judgment Without Trial
288

2.7 Rules for Pleading Fraud
288

2.8 Claims Against “Unknown” Fraudsters
289

2.9 Compelling Witnesses to Give Evidence
290

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
290

3.1 Imposing Liability for Fraud on to a Corporate Entity
290

3.2 Claims Against Ultimate Beneficial Owners
290

3.3 Shareholders’ Claims Against Fraudulent Directors
291

4. Overseas Parties in Fraud Claims
291

4.1 Joining Overseas Parties to Fraud Claims
291

4.2 Service of Proceedings out of the Jurisdiction
292

5. Enforcement
292

5.1 Methods of Enforcement
292

5.2 Enforcement of Foreign Judgments
293

6. Privileges
293

6.1 Invoking the Privilege Against Self-Incrimination
293

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
293

7. Special Rules and Laws
294

7.1 Rules for Claiming Punitive or Exemplary Damages
294

7.2 Laws to Protect “Banking Secrecy”
294

7.3 Crypto-Assets
294

1. Fraud Claims
301

1.1 General Characteristics of Fraud Claims
301

1.2 Causes of Action After Receipt of a Bribe
301

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
301

1.4 Limitation Periods
302

1.5 Proprietary Claims Against Property
302

1.6 Rules of Pre-Action Conduct
302

1.7 Prevention of Defendants Dissipating or Secreting Assets
302

2. Procedures and Trials
303

2.1 Disclosure of Defendants’ Assets
303

2.2 Preserving Evidence
304

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
304

2.4 Procedural Orders
305

2.5 Criminal Redress
305

2.6 Judgment Without Trial
305

2.7 Rules for Pleading Fraud
305

2.8 Claims Against “Unknown” Fraudsters
306

2.9 Compelling Witnesses to Give Evidence
306

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
306

3.1 Imposing Liability for Fraud on to a Corporate Entity
306

3.2 Claims Against Ultimate Beneficial Owners
307

3.3 Shareholders’ Claims Against Fraudulent Directors
307

4. Overseas Parties in Fraud Claims
308

4.1 Joining Overseas Parties to Fraud Claims
308

4.2 Service of Proceedings out of the Jurisdiction
308

5. Enforcement
308

5.1 Methods of Enforcement
308

5.2 Enforcement of Foreign Judgments
309

6. Privileges
312

6.1 Invoking the Privilege Against Self-Incrimination
312

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
312

7. Special Rules and Laws
313

7.1 Rules for Claiming Punitive or Exemplary Damages
313

7.2 Laws to Protect “Banking Secrecy”
313

7.3 Crypto-Assets
313

1. Fraud Claims
323

1.1 General Characteristics of Fraud Claims
323

1.2 Causes of Action After Receipt of a Bribe
324

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
324

1.4 Limitation Periods
325

1.5 Proprietary Claims Against Property
326

1.6 Rules of Pre-Action Conduct
326

1.7 Prevention of Defendants Dissipating or Secreting Assets
327

2. Procedures and Trials
328

2.1 Disclosure of Defendants’ Assets
328

2.2 Preserving Evidence
328

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
329

2.4 Procedural Orders
329

2.5 Criminal Redress
329

2.6 Judgment Without Trial
330

2.7 Rules for Pleading Fraud
330

2.8 Claims Against “Unknown” Fraudsters
330

2.9 Compelling Witnesses to Give Evidence
330

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
331

3.1 Imposing Liability for Fraud on to a Corporate Entity
331

3.2 Claims Against Ultimate Beneficial Owners
331

3.3 Shareholders’ Claims Against Fraudulent Directors
332

4. Overseas Parties in Fraud Claims
332

4.1 Joining Overseas Parties to Fraud Claims
332

4.2 Service of Proceedings out of the Jurisdiction
333

5. Enforcement
333

5.1 Methods of Enforcement
333

5.2 Enforcement of Foreign Judgments
333

6. Privileges
333

6.1 Invoking the Privilege Against Self-Incrimination
333

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
333

7. Special Rules and Laws
334

7.1 Rules for Claiming Punitive or Exemplary Damages
334

7.2 Laws to Protect “Banking Secrecy”
335

7.3 Crypto-Assets
335

1. Fraud Claims
341

1.1 General Characteristics of Fraud Claims
341

1.2 Causes of Action After Receipt of a Bribe
341

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
341

1.4 Limitation Periods
342

1.5 Proprietary Claims Against Property
342

1.6 Rules of Pre-Action Conduct
343

1.7 Prevention of Defendants Dissipating or Secreting Assets
343

2. Procedures and Trials
344

2.1 Disclosure of Defendants’ Assets
344

2.2 Preserving Evidence
345

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
346

2.4 Procedural Orders
347

2.5 Criminal Redress
347

2.6 Judgment Without Trial
348

2.7 Rules for Pleading Fraud
349

2.8 Claims Against “Unknown” Fraudsters
349

2.9 Compelling Witnesses to Give Evidence
349

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
350

3.1 Imposing Liability for Fraud on to a Corporate Entity
350

3.2 Claims Against Ultimate Beneficial Owners
350

3.3 Shareholders’ Claims Against Fraudulent Directors
350

4. Overseas Parties in Fraud Claims
351

4.1 Joining Overseas Parties to Fraud Claims
351

4.2 Service of Proceedings out of the Jurisdiction
352

5. Enforcement
352

5.1 Methods of Enforcement
352

5.2 Enforcement of Foreign Judgments
353

6. Privileges
353

6.1 Invoking the Privilege Against Self-Incrimination
353

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
354

7. Special Rules and Laws
354

7.1 Rules for Claiming Punitive or Exemplary Damages
354

7.2 Laws to Protect “Banking Secrecy”
354

7.3 Crypto-Assets
355

1. Fraud Claims
369

1.1 General Characteristics of Fraud Claims
369

1.2 Causes of Action After Receipt of a Bribe
370

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
371

1.4 Limitation Periods
373

1.5 Proprietary Claims Against Property
373

1.6 Rules of Pre-Action Conduct
374

1.7 Prevention of Defendants Dissipating or Secreting Assets
374

2. Procedures and Trials
376

2.1 Disclosure of Defendants’ Assets
376

2.2 Preserving Evidence
376

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
377

2.4 Procedural Orders
378

2.5 Criminal Redress
378

2.6 Judgment Without Trial
378

2.7 Rules for Pleading Fraud
379

2.8 Claims Against “Unknown” Fraudsters
379

2.9 Compelling Witnesses to Give Evidence
379

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
379

3.1 Imposing Liability for Fraud on to a Corporate Entity
379

3.2 Claims Against Ultimate Beneficial Owners
380

3.3 Shareholders’ Claims Against Fraudulent Directors
380

4. Overseas Parties in Fraud Claims
380

4.1 Joining Overseas Parties to Fraud Claims
380

4.2 Service of Proceedings out of the Jurisdiction
381

5. Enforcement
382

5.1 Methods of Enforcement
382

5.2 Enforcement of Foreign Judgments
383

6. Privileges
383

6.1 Invoking the Privilege Against Self-Incrimination
383

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
384

7. Special Rules and Laws
384

7.1 Rules for Claiming Punitive or Exemplary Damages
384

7.2 Laws to Protect “Banking Secrecy”
384

7.3 Crypto-Assets
384

1. Fraud Claims
397

1.1 General Characteristics of Fraud Claims
397

1.2 Causes of Action After Receipt of a Bribe
400

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
401

1.4 Limitation Periods
401

1.5 Proprietary Claims Against Property
401

1.6 Rules of Pre-Action Conduct
402

1.7 Prevention of Defendants Dissipating or Secreting Assets
402

2. Procedures and Trials
403

2.1 Disclosure of Defendants’ Assets
403

2.2 Preserving Evidence
404

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
405

2.4 Procedural Orders
406

2.5 Criminal Redress
406

2.6 Judgment Without Trial
406

2.7 Rules for Pleading Fraud
407

2.8 Claims Against “Unknown” Fraudsters
407

2.9 Compelling Witnesses to Give Evidence
407

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
408

3.1 Imposing Liability for Fraud on to a Corporate Entity
408

3.2 Claims Against Ultimate Beneficial Owners
408

3.3 Shareholders’ Claims Against Fraudulent Directors
409

4. Overseas Parties in Fraud Claims
410

4.1 Joining Overseas Parties to Fraud Claims
410

4.2 Service of Proceedings out of the Jurisdiction
411

5. Enforcement
411

5.1 Methods of Enforcement
411

5.2 Enforcement of Foreign Judgments
413

6. Privileges
414

6.1 Invoking the Privilege Against Self-Incrimination
414

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
415

7. Special Rules and Laws
415

7.1 Rules for Claiming Punitive or Exemplary Damages
415

7.2 Laws to Protect “Banking Secrecy”
415

7.3 Crypto-Assets
416

1. Fraud Claims
429

1.1 General Characteristics of Fraud Claims
429

1.2 Causes of Action After Receipt of a Bribe
431

1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts
431

1.4 Limitation Periods
432

1.5 Proprietary Claims Against Property
432

1.6 Rules of Pre-Action Conduct
433

1.7 Prevention of Defendants Dissipating or Secreting Assets
433

2. Procedures and Trials
434

2.1 Disclosure of Defendants’ Assets
434

2.2 Preserving Evidence
435

2.3 Obtaining Disclosure of Documents and Evidence From Third Parties
435

2.4 Procedural Orders
436

2.5 Criminal Redress
437

2.6 Judgment Without Trial
437

2.7 Rules for Pleading Fraud
437

2.8 Claims Against “Unknown” Fraudsters
437

2.9 Compelling Witnesses to Give Evidence
438

3. Corporate Entities, Ultimate Beneficial Owners and Shareholders
438

3.1 Imposing Liability for Fraud on to a Corporate Entity
438

3.2 Claims Against Ultimate Beneficial Owners
438

3.3 Shareholders’ Claims Against Fraudulent Directors
439

4. Overseas Parties in Fraud Claims
439

4.1 Joining Overseas Parties to Fraud Claims
439

4.2 Service of Proceedings out of the Jurisdiction
440

5. Enforcement
440

5.1 Methods of Enforcement
440

5.2 Enforcement of Foreign Judgments
441

6. Privileges
441

6.1 Invoking the Privilege Against Self-Incrimination
441

6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure
443

7. Special Rules and Laws
444

7.1 Rules for Claiming Punitive or Exemplary Damages
444

7.2 Laws to Protect “Banking Secrecy”
444

7.3 Crypto-Assets
444

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