Chasing the Intangible: Cryptocurrency Fraud and Disputes

Lee Shih and Cheryl Yee write about the rise of cryptocurrency fraud and disputes.

With the rise in the value of Bitcoin and other cryptocurrencies, there is also a significant rise in fraud and disputes relating to cryptocurrency. We highlight some of the recent legal developments.

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Barrister Chambers Takes Out Persons Unknown Injunction against Hackers

The barrister chambers of 4 New Square have obtained a persons unknown injunction against the unknown hackers who engaged in a cyber-attack on them on 12 June 2021. See this article from the UK Law Society Gazette.

It seems that these unknown hackers managed to hack into the computer system. It may be a case where data was stolen and the hackers are threatening to release the stolen data. Continue reading

Recent Cases in Fraud Litigation: Hong Kong, Malaysia and Singapore

I will be one of the speakers for the webinar on Recent Cases in Civil Fraud Litigation: Hong Kong, Malaysia and Singapore on Thursday 10 June 2021.

It is the first jointly organised webinar by the Bar Council Malaysia and the Law Society of Singapore. This is a free webinar but only open to members of the Malaysian Bar and to the members of the Law Society of Singapore.

The brochure is here and with registration for Malaysian Bar members here. Continue reading

Spartacus Order: Self Identification Order against Persons Unknown

A self-identification order, otherwise known as a Spartacus order, is an order to compel the unknown defendant to identify himself and provide an address of service.

In the ongoing case of Zschimmer & Schwarz v Persons Unknown, Ong Chee Kwan JC in the High Court granted Malaysia’s first-ever Spartacus order recently . You can access the grounds of judgment dated 13 February 2021 for the grant of the Spartacus order. Continue reading

Persons Unknown: Asset Recovery against Unknown Fraudsters

I wrote an article entitled ‘Persons Unknown: Asset Recovery against Unknown Fraudsters in a Time of Cyber Fraud‘ published in the Malaysian Institute of Accountants publication, Accountants Today.

My article covers the areas of:

1. Preventing Dissipation: Freezing and Proprietary Injunction
2. Unknown Fraudsters: Persons Unknown Jurisdiction
3. Cryptocurrency: Can the Courts Freeze and Trace Such Assets?
4. Money Trail: Bankers Trust and Third Party Disclosure Orders
5. You’ve Got Mail: Court Papers Served by Email, Dropbox and WhatsApp

You can access the article here on the Accountants Today website.