Professor Charles Mitchell gives lecture to UCL Laws Hong Kong alumni
12 April 2017
Professor Charles Mitchell, Professor of Law at UCL Faculty of Laws, gave a CPD lecture on ‘Tracing and Claiming the Proceeds of Fraud’ to UCL Laws Hong Kong alumni on 23 March 2017
The event was organised by Andrew Ng, UCL Laws Hong Kong alumnus and Chairman of The UCL Alumni Hong Kong Club, and hosted by Hogan Lovell’s partner Sammy Li, UCL Medical Microbiology alumnus, in Hong Kong. The UCL Alumni Hong Kong Club was formed in the 1970s and has since been supporting and promoting UCL within Hong Kong.
Andrew Ng said:
‘The evening was well attended by UCL alumni as well as partners and associates of Hogan Lovells. There was great feedback, in particular, on the lively sharing of the latest approaches and interesting legal arguments for litigators. Special thanks to UCL alumni Sammy Li and Katherine Tsang for organising this UCL Hong Kong Club reception at their offices in Pacific Place.’
Professor Mitchell’s talk focused on the fact that fraudsters often launder the proceeds of their wrongdoing through multiple bank accounts which may happen to be in credit or overdrawn at different times during the laundering process. This can create legal as well as practical challenges for the victims of fraud who wish to recover their money.
However, life has become easier for claimants as a result of Relfo Ltd (in liq) v Varsani  1 BCLC 14, and Federal Republic of Brazil v Durant International Corp  AC 297, which have liberalized the evidential rules that enable a claimant to identify funds in a defendant’s bank account as the proceeds of funds stolen from the claimant. These cases make it easier for fraud victims to get their money back, but they have also created some legal uncertainties which need to be resolved.