Martin Kenney & Co. was retained by a Brazilian trustee in a bankruptcy case to obtain evidence, via Norwich Pharmacal proceedings and other lawful means, to discover the beneficial owner of certain corporate vehicles domiciled offshore. The jurisdictions concerned included the BVI, Cayman Islands, Belize and Costa Rica.
The significance of this evidence was that it was crucial to attribute ownership of certain assets worth in access of US$500,000,000.00 in Brazil. The suspicion was that value had been stolen from an entity in Brazil and then “round tripped” back to the country and invested in valuable assets there. Despite ferocious set-aside litigation, all the orders were upheld and the evidence admitted by the Brazilian court in the substantive proceedings.
Former Soviet Union
Martin Kenney & Co. acted for a major European listed company which was in dispute over the operation of a joint venture with a partner operating from the former Soviet Union (FSU). It was alleged that the FSU partner had manipulated the joint venture accounting and balance sheet in order to evade certain obligations. By obtaining Norwich Pharmacal orders demonstrating the beneficial ownership of certain offshore entities, we were able to demonstrate that the offshore entities were beneficially owned by the FSU partner. The substantive dispute was settled shortly thereafter with very significant value being recovered.
Martin Kenney & Co. was retained by a global onshore company to secure and retrieve certain highly sensitive records held on servers in one of the smaller Caribbean jurisdictions. We intervened in proceedings in the jurisdiction concerned, and partly through orders and partly through commercial negotiation, were able to recover the servers concerned and procure their cloning, then destruction. In this way the confidentiality of the records concerned was maintained.