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Martin S Kenney
Office:
Third Floor, Flemming House
VG 1110
City:
Road Town, Tortola
Country:
British Virgin Islands
Tel:
+1 284 494 2444
Fax:
+1 284 494 3313

Thought Leaders: Asset Recovery 2017

The managing partner of Martin Kenney & Co Solicitors, BVI, Martin is an international fraud and asset recovery lawyer. His firm of 25 has been described by the UK’s Wired magazine as being among the “sharpest fraud-busters in the world”. Martin is a founding member of ICC FraudNet and winner of the 2014 ACFE Cressey Award, given in recognition of lifetime achievement combatting fraud. OffshoreAlert says he is probably one of the best-known lawyers of his type in the world.

What motivated you to get involved in international asset recovery work?

Unlike most acquisitive crimes, fraud sees victims taking an active role in assisting the fraudster and being fundamental to their own downfall, leading to personal and professional embarrassment. Fraudsters tend to be entrepreneurial, clever and imaginative; it can be extremely challenging and therefore satisfying when you can right the wrong.

How have you built and maintained a highly successful practice in this area?

Our area of expertise is quite narrow; we have built a small but experienced team of lawyers whose knowledge in this arena is unmatched elsewhere. We have an investigations unit comprising veteran police detectives. We offer clients a one-stop shop of investigative support and fraud and asset recovery litigation services.

What challenges are currently facing practitioners in the market at the moment?

Austerity has seen law enforcement losing staff, preventing them from offering the investigative services once provided. We can help fill that void. The main challenges are fiscal, supporting clients who are unable to fund litigation. We use third-party funding and will consider success fees to give the client a fighting chance.

How important is case strategy in asset detection and recovery?

We need to determine the likelihood of success. Our initial job is to explore litigation possibilities, and manage client expectations. We are not in the business of seeing victims throwing good money after bad.

Which regions are of particular interest to practitioners at the moment?

In some ways we are a global law firm, membership of ICC FraudNet guarantees unrivalled reach and penetration. There is almost nowhere globally where we cannot consider assisting in an investigative or legal undertaking.

Forensic and digital experts are playing an increasingly important role in proceedings. Has their involvement improved the efficiency and success of the practice?

Economic globalisation makes digital forensics an integral tool in our investigative strategy. We access teams of forensic experts who can tease apart the evidential threads that will sway a court in our client’s favour.

Asset recovery work is, and has been for a number of years, an increasingly international practice. Do relationships and alliances such as the ICC FraudNet help improve service to your clients?

ICC FraudNet is an incredible network to access; with 77 specialist fraud lawyers in 66 countries we can deploy a rapid response team of expert lawyers 24/7, without any concern as to their competence. There is no other team that this capability.

Tackling grand corruption seems to be at the forefront of political consciousness on the international stage right now. In your opinion, what impacts will this have on the field at large?

Grand corruption is a crime against humanity, sucking the life blood out of the poor and lining the pockets of the rich and powerful. Private sector involvement in recovering sums lost to grand corruption is the next frontier, and the only solution I can see. We will happily represent governments seeking to repatriate assets lost to their people.

Biography:

Who's Who Legal Asset Recovery: Lawyers

Martin Kenney is the managing partner of Martin Kenney & Co Solicitors in the BVI. The firm's asset recovery work lies at the intersection of cross-border insolvency, creditors' rights, and complex commercial litigation. Wired Magazine has named the firm the “sharpest fraud-busters in the world”.

Leading a team of 30 lawyers, investigators and forensic accountants, Martin Kenney is regarded as a ground-breaker in the use of pre-emptive remedies, multidisciplinary teams and professional litigation funding in response to global economic crime to uproot bank secrets and freeze hidden assets in multiple jurisdictions. He is a practising solicitor-advocate of the senior courts of England and Wales, and the Eastern Caribbean at the BVI and at St Vincent and the Grenadines; a non-practising barrister and solicitor of British Columbia; and a licensed foreign legal consultant in the state of New York.

Mr Kenney is the BVI member of ICC FraudNet, a specialist international network of 75 leading fraud and asset recovery lawyers from 68 countries, which is administered by the commercial crime services division of the International Chamber of Commerce.

OffshoreAlert of Miami said: “Martin Kenney is perhaps the best-known fraud and asset recovery attorney in the world, having worked on a number of high-profile international cases.”  Mr Kenney was given the 2014 Cressey Award by the Association of Certified Fraud Examiners (ACFE), an organisation with 70,000 members in 160 countries. The Cressey Award is the highest honour given by the ACFE for lifetime achievement in combating and detecting fraud. 

WWL says: Martin Kenney is considered "one of the world's leading asset recovery specialists" who provides clients with “knowledgeable advice and swathes of experience”

This biography is an extract from Who's Who Legal: Asset Recovery which can be purchased from our Shop.

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