- Maritime Piracy
- TalkFraud
- Membership
- Investigation
- Products & Services
The IMB aware of the escalating level of this criminal activity, wanted to provide a free service to the seafarer and established the 24 hour IMB Piracy Reporting Centre (PRC) in Kuala Lumpur, Malaysia.
A newsletter about fraud and global asset recovery from the office of International Chamber of Commerce's FraudNet. To read about key asset recovery cases and global compliance with anti-fraud and money-laundering laws, please click in the link above for the Newsletter PDF.
CCS offers a flexible membership arrangement based on the selection of predetermined membership packages. A prospective member can elect to join one or more Bureaux according to their requirements.
Losses due to official misconduct account for a great many maritime trade incidents. Each incident can be complex and wide-ranging in nature. It is therefore unlikely that any one company will have the knowledge and resources to be able to investigate it thoroughly.
Counterfeiting and piracy are a drain on our businesses and on the global economy. It has resulted in the widespread loss of lawful employment and a massive reduction of tax revenues.
- Details
Since its formation in January 2004 FraudNet members have met in:
- Details
FraudNet - standards and procedures
FraudNet brings together a group of experienced, professional, ethical and wellrespected legal practitioners focused on fraud and asset recovery issues. While the evolution of the FraudNet Network ("the Network") has generally been relaxed and informal, the members of the Network (the "Members") have approved membership standards and procedures for the Network to protect the significant investment of time, reputation and money in the Network by its Members. The standards and procedures that follow reflect the philosophy of the Network as an active and participatory organization. They are intended to set minimum standards while maintaining as much flexibility as possible.
Executive Director
1. The Members shall elect an Executive Director to:
(a) develop and implement the strategic initiatives for the Network;
(b) provide oversight to all of the network's operations and activities; and
(c) act as Chair of all meetings of Members. The Executive Director shall be an ex officio, non voting member of all Network committees and will work closely with the ICC Representative as liaison for the Network.
2. The Executive Director must at all times be a Member in good standing of the Network.
3. The Executive Director shall call such meetings of Members in such places as the Executive Director shall deem appropriate.
4. The Executive Director shall hold office at the pleasure of the Members and for a maximum term of five bi-annual meetings of the Network.
5. After the fourth bi-annual meeting of the Executive Director's term of office, or as otherwise directed by resolution of the Members, the ICC Representative shall call for nominations for Executive Director 5. stipulating the form and timeframe for nominations. In light of the recognized benefit of creating leadership opportunities for Members, in the ordinary course the Executive Director should not stand for re-election. However, in unusual circumstances and with the concurrence of the Standards and Procedures Committee, the Executive Director may be permitted or encouraged to stand for re-election. Any two Members may nominate a third Member to stand for election as Executive Director. Nominations shall be delivered to the ICC Representative in the stipulated form and in accordance with the timeline identified in the call for nominations.
6. If two or more nominations are received by the ICC Representative, an election shall be held at the conclusion of the fifth bi-annual meeting of the incumbent Executive Director's term.
7. All Members present in person or by proxy at any meeting where an Executive Director is to be elected shall be entitled to cast a single vote in that election. Votes shall be cast by written ballot in a form prescribed by the ICC Representative, who shall act as the chief returning officer for the purposes of the election. Any Member may provide a proxy to any other Member in a form acceptable to the ICC Representative in respect of the election of the Executive Director. A simple majority of the votes cast at the meeting shall determine the election. In the event of a tie, the ICC Representative shall cast the deciding vote.
8. The term of office of any Executive Director may be reviewed, extended or terminated by ordinary resolution of the Members at any meeting of the Network.
ICC Representative
9. ICC Commercial Crime Services shall appoint a representative (the "ICC Representative") to serve as a member of and liaison with the Network. The ICC Representative may also be referred to as the Executive Secretary for the Network.
10. The ICC Representative shall be entitled to attend and participate in all meetings of the Network, and to carry out the responsibilities contemplated by these Standards and Procedures.
Standing Committees
11. There are currently three Standing Committees of the Network: Marketing, Business Development and Standards and Procedures.
12. Each Standing Committee shall have a Chair responsible for the proper functioning of that Committee. The members of each Committee shall be appointed from time to time by ordinary resolution of the Members. The Chair of each committee shall be chosen by the Committee members and shall serve for a term of four (4) bi-annual meetings.
13. The Executive Director shall be an ex officio non-voting member of each Standing Committee and the ICC Representative shall be an ex officio non-voting member of the Standards and Procedures Committee.
14. The Standards and Procedures Committee shall consist of five (5) Members appointed by the membership and shall be responsible for reviewing and admitting new Members to the Network as provided herein and shall be responsible for recommending policies, standards and procedures for consideration by the Members from time to time.
Meetings
15. Unless otherwise provided for herein, at every meeting of Members all questions proposed for the consideration of Members shall be decided by a simple majority of votes of those Members present at the meeting. In the event of a tie, the ICC Representative shall cast the deciding vote.
Admission Standards
16. The Network must have strong and active Members in each of its operative jurisdictions to be successful. A prospective Member of the Network must therefore:
(a) be an acknowledged leader in fraud and asset recovery litigation in that jurisdiction or the demonstrated desire to obtain that status;
(b) have a high degree of substantive knowledge of fraud principles, related remedies, and asset recovery techniques as they apply in that jurisdiction;
(c) demonstrate solid practical experience in fraud and asset recovery matters within that jurisdiction;
(d) provide suitable references and evidence demonstrating the requisite experience and ability;
(e) be likely to become an active and contributing member of the Network;
(f) be and remain a member in good standing with his or her relevant bar association, law society or other applicable licensing agency; and
(g) possess a good and solid ethical reputation which will be a credit to the Network.
17. Although it is not a requirement for membership in the Network, a relevant factor for consideration is the degree to which a prospective Member represents victims of fraud in recovery of fraud-related assets, rather than defending fraud claims.
18. Membership in the network resides in the individual Member and not in his or her firm.
19. Generally, membership is granted on a one member per jurisdiction basis. However, there are some jurisdictions where membership of multiple legal practitioners may be beneficial to the Network as a whole. For instance, where different cities within a country constitute substantially or substantively different markets, there may be merit to inviting one member to join from each market. Markets where these differences currently exist are London, Brazil, Hong Kong and Beijing, Geneva and Zurich, and the United States. In addition, there may also be instances where more than one practitioner in the same city or geographical region is appropriate, particularly where there is a large market and there is scope for representation through more than one member whether as a result of the size, diversity of practice or other compelling factors in that particular market place.
Admission Procedure
20. Prospective Members should ideally be known and recommended by an existing member, although this is not a pre-requisite.
21. A prospective Member is required to complete an appropriate application in a form acceptable to the Standards and Procedures Committee, including such references as may be required.
22. The Standards and Procedures Committee will consider all applications and references and will make any enquiries that may be necessary in order to determine whether the potential Member satisfies the admission standards set out in paragraphs 16 to 19 above. The Standards and Procedures Committee shall notify the prospective Member of the membership participation standards set out herein, and shall make recommendations from time to time to the Executive Director on the admission of prospective members.
Membership Participation Standards
23. The Network is comprised of Members from all regions of the world, and Members have differing professional and financial abilities to fund travel and personal contact at Network meetings. However, membership in the Network requires active and ongoing contribution by all of its Members, including attendance at meetings, contribution to the Network's collaborative knowledge base through presentations or papers or otherwise actively enhancing the Network.
24. Members should strive to attend all Network meetings. In the event that a Member fails to attend three consecutive meetings, that Member shall be reviewed by the Standards and Procedures Committee to determine whether or not the membership should be discontinued or not renewed. On that review, the Standards and Procedures Committee shall consider the Member's other contributions to the Network (such as referrals to other FraudNet members, paper submissions, practice advisories, the recommendation of the network to governments and other clients, etc.), both historically and since the Member's last attendance, and any explanations offered by the Member for non-attendance including local factors, the size of the firm, its location and its financial resources.
25. Should any Member fail to attend three consecutive meetings, the ICC Representative shall notify the Member in writing that a failure to attend the next meeting could result in removal from the Network or non-renewal of membership. Upon receipt of that notification, a Member shall have the right to explain his or her absences, and those explanations shall be considered by the Standards and Procedures Committee in conducting its review. The Standards and Procedures Committee shall thereafter make its review recommendation to the Network Members for consideration.
Involuntary Withdrawal and Non-Renewal of Membership
26. The philosophy of the Network is that each Member is an extension of the others and, therefore, that each Member's conduct will reflect upon the other Members of the Network, their firms, and the Network as a whole. Regrettably, there are times when a Member of the Network may be asked to leave the Network or may not have his or her membership in the Network renewed. 27. A Member shall be removed from the Network or his or her membership will not be renewed if that member:
(a) engages in conduct that is detrimental to the Network, likely to discredit the Network, or disruptive to the operation of the Network or its meetings;
(b) fails to pay Annual Dues, assessments for meeting costs or special assessments; or
(c) is disbarred, is the subject of other disciplinary action, or engages in unethical conduct, whether or not adjudicated as such by a Law Society, Bar Association, or equivalent body.
28. No firms shall have any rights predicated on the previous membership of a former Member of the firm who has been removed from the Network or whose membership has not been renewed. The Standards and Procedures Committee shall be responsible for making recommendations to the Network Members on whether removal or non-renewal is appropriate pursuant to paragraphs 24 and 27 above.
29. A Member shall be entitled to notice that his or her membership is being reviewed by the Standards and Procedures Committee, and shall have the opportunity to make representations to the Standards and Procedures Committee prior to its recommendations to the membership.
30. Should the Standards and Procedures Committee recommend removal from the Network or non-renewal of membership, then the Executive Director shall notify the Member in writing of the Standards and Procedures Committee's decision. The affected Member shall be entitled to be present and to vote on the Standards and Procedures Committee's recommendation as a Network Member.
Exclusivity, Expansion and Multi-Jurisdiction Competition
31. In order to prevent competition between offices of Members and to respect and protect the exclusivity principles of FraudNet which form part of its core value to Members, the Standards & Procedures Committee shall review the expansion of the firm of any Member (the "Expanding Member Firm") into countries, regions or cities where existing Members operate.
32. In determining whether there is direct conflict between any Member (which, for this purpose shall include the Member's firm) and an Expanding Member Firm, the Committee will look at each Expanding Member Firm's expansion on a case by case basis and reach an assessment using the following criteria:
(a) Do the Member and the Expanding Member Firm directly compete or have the immediate potential to compete in terms of conducting the same financial fraud or asset recovery work;
(b) What is the likelihood that the Member and the Expanding Member Firm refer work to the other;
(c) What is the Expanding Member Firm's policy on allowing its shareholders/partners/members to refer work in countries, regions or cities where they have offices to lawyers outside of their firm;
(d) What cases has the Expanding Member Firm referred to other Members and what contributions have they made to the growth and development of the Network;
(e) What are the views of the Member in whose city, region or country in which the issue has arisen; and
(f) Is it otherwise in the best interests of the Network to retain the Member in the Expanding Member Firm as a Member despite the expansion.
33. The Standards and Procedures Committee shall be at liberty to seek information from Members and the Expanding Member Firm about any aspect of their deliberation. A failure or refusal of an Expanding Member Firm to provide such information can be taken into account by the Standards and Procedures Committee in their deliberation and recommendation.
34. The Standards & Procedures Committee shall make a written recommendations to the membership (including the Member under review) which may include, but is not limited to, the termination of a Member of the Expanding Member Firm from the Network.
35. Any recommendation, including termination, of the Standards & Procedures Committee shall be considered and voted on by the Members at a meeting of the Network.
- Details
Hong Kong Rule on Multi City/ Multi Country competition
“In order to prevent competition between offices of members and to respect and protect the exclusivity principles of FraudNet which form part of its core value to members, the Standards & Procedures Committee shall keep under constant review the expansion of the firm of any member firm (the “Expanding Member Firm”) into countries, regions or cities where existing members operate.
In determining whether there is direct conflict between any member and an Expanding Member Firm, the Committee will look at each Expanding Member Firm’s expansion on a case by case basis and reach an assessment using the following criteria:
- Do the offices of the member and the Expanding Member Firm directly compete or have the immediate potential to compete in terms of conducting the same financial fraud or asset recovery work;
- What is the likelihood that office of the member and the Expanding Member Firm refer work to the other;
- What is the Expanding Member Firm’s policy with regard to allowing its shareholders/partners/members to refer work in countries, regions or cities where they have offices to lawyers outside of their firm;
- What cases has the Expanding Member Firm referred to other members and what contributions have they made to the growth and development of the network;
- What are the views of the member in whose city, region or country in which the issue has arisen; and
- Is it otherwise in the best interests of the network to retain the member in the Expanding Member Firm as a FraudNet member despite the expansion.
The Committee shall be at liberty to seek information from the member and the Expanding Member Firm about his or her firm on this issue. A failure or refusal of an Expanding Member’s Firm to provide such information can lead to termination from the network of the member of the Expanding Member Firm.
Following its assessment, which shall be reduced to writing and circulated to the membership including the member of the Expanding Member Firm being assessed, the Standards & Procedures Committee shall make a recommendations to the membership which may include, but is not limited to, the termination of a member of the Expanding Member Firm from the network for a violation of the exclusivity principles of the network.
Any recommendation, including termination, of the Standards & Procedures Committee under this rule, shall be voted on by the membership at a regular meeting with a simple majority of the membership present at that meeting.”
Adopted by the members in Hong Kong on March 12th 2011
- Details
The Standards and Procedures Committee
This committee sets the standards and procedures for the admission of new members to the network (see in the Standards and Procedures document) and administers the admission of new members to the network.
The current members of the committee are:
- Matt Lindsay (Chairman)
- Stephane Bonifassi
- Bernd Klose
- Sanjeev Ghurburren
The Strategic Planning and Marketing Committee
This committee are tasked with planning the development, growth and direction of the network and the effective marketing of it. This includes recommending new potential members and identifying ways in which FraudNet can expand its reach to governments, law enforcement, commerce and victims of fraud.
The current members of the committee are:
- Yves Klein (Chairman)
- Ed Davis
- Kees Van de Meent
- Alejandro Pignataro
The Business Referrals Committee
This committee monitors referrals of work to members and is responsible for developing new business opportunities for members. It also is involved in planning the location of FraudNet meetings and conferences.
The current members of the committee are
- Steven Philippsohn
- Martin Kenney
- Chris Redmond
- Peter Maynard
- Bernardo Porras
- Trina Prodigalidad
Contact
Contact
© Commercial Crime Services, a division of the ICC Company limited by guarantee registered in England No 05716642 Registered office Cinnabar Wharf, 26 Wapping High Street LONDON E1W 1NG Tel: +44 (0)20 7423 6960 E-mail us your comments and remarks