Defrauded Investor Continues to Await Enforcement by Qatari Courts

DOHA, Qatar, Feb. 27, 2020 — The Swifthold Foundation, which was defrauded by Sheikh Fahad bin Ahmad bin Mohamed bin Thani Al Thani and his Qatari company, Fast Trading Group, has been patiently waiting for the Qatari Enforcement Court to enforce Swifthold’s $6 billion U.K. High Court Judgment since the Qatari Trial Court issued a Writ of Execution to formally recognize the Judgment in Qatar in the Summer of 2019.

Upon the Writ of Execution being issued, the Qatari Enforcement Court informed the Foundation on July 4, 2019 that it would begin to contact various Qatari governmental agencies and financial institutions to commence the seizure of the defendants’ assets in satisfaction of the Judgment. However, according to Delta Capital Partners, the American litigation finance and support firm that the Foundation has retained, the enforcement process has been opaque, slow and wholly unsatisfactory.

Delta’s CEO, Christopher DeLise, stated, “The Enforcement Court’s progress has been quite disappointing as we are given only general updates rather than specific details of the actions being taken by the court to satisfy Swifthold’s judgment. This is unacceptable as great effort was taken, and resources expended, to have the judgment recognized by the Qatari Trial Court. Once this occurred, we expected the defendants’ assets to be seized within a few months. Now it is eight months later and assets that have been identified still have not been seized in satisfaction of the judgment and when we press the court for detailed updates and explanations, we are given vague general statements. When we began the recognition and enforcement action in early-2019, we were assured by the Qatari Attorney General, Ali Bin Fetais Al-Marri, that the Qatari courts would respect international law and thereby enable Swifthold to timely obtain justice for the harm caused by the defendants. He assured us that if we did not obtain such results then we should call upon him for assistance. As such, we have now begun the process of asking him for assistance and potentially seeking assistance from other governments so that justice can finally be served.”

A spokesperson for Swifthold commented, “We were hopeful that the recognition of the judgment in Qatar would be the last major issue for us to overcome, but the speed at which the Qatari Enforcement Court operates is now causing us to wait needlessly and further delay justice.  This is incredibly unfair given how long and how hard we have had to fight to receive compensation for the harm caused us.”

In July 2019, Swifthold hired the international law firm Akin Gump to advise on the enforcement efforts in the Qatari Courts. The Akin Gump representation is led by Ms. Ileana Ros-Lehtinen, Senior Advisor, Member of Congress (Ret) and former Chairwoman of the House Foreign Affairs Committee. Ros-Lehtinen stated, “I recently called upon Qatar in The Jerusalem Post to mend its ways, not just mouth the words, when it comes to halting its extremist financing. In this case, Sheikh Fahad has previously violated U.N. sanctions when he imported dual-use laser devices to Iraq in 2003, he also co-owns a Qatari entity with convicted money launder Antonio Castelli, who helped pocket Swifthold’s assets, and he is believed to have channeled these assets and others to parties supporting extremist groups.”

Delta’s CEO closed by commenting, “After engaging several world-class investigative and asset tracing firms to identify assets of the defendants, we have become aware of other acts perpetrated by Sheikh Fahad and certain other persons within and outside Qatar that would be of interest to the governments of Qatari, the U.S., the U.K. and perhaps others. Indeed, it appears that Sheikh Fahad is living two lives: one where he ostensibly operates as a legitimate businessman, and another where he engages in unlawful activities with nefarious parties in the Middle East and elsewhere.”

For additional information, please visit http://sheikh-fahad-judgment.com/.

Announcements

View All

Pegasus Legal Capital Completes $74 Million Securitization to Fuel Growth

Pegasus Legal Capital, LLC ("Pegasus") (mylawfunds.com), a prominent pre-settlement legal funding company in the United States, announced today that it has successfully completed a $74 million litigation finance securitization. This achievement marks Pegasus' second securitization transaction in the asset class and another significant milestone in its capital market journey. The proceeds from this transaction will further propel Pegasus' growth across key markets in the United States.

Pegasus Managing Director, Alexander Khanas, expressed, "With the successful completion of this transaction, Pegasus will expand its business in the personal injury market while upholding its industry-leading service standards."

GreensLedge Capital Markets LLC played the role of Placement Agent for Pegasus. GreensLedge Senior Managing Director, Douglas Lipton, added, "We are delighted to continue expanding Pegasus' investor base through their second securitization issuance and assisting them in creatively developing their platform."

Headquartered in Deerfield Beach, Florida, Pegasus was founded in 2008 as a pre-settlement litigation finance company. Since its inception, the company's management team has successfully sourced, underwritten, and serviced over half a billion dollars through more than 30,000 advances. While Pegasus has traditionally focused on the New York market, it has established a strong presence in the Southeast and Texas markets as well.

Pegasus is a proud member of the American Legal Finance Association (ALFA), a national organization comprising companies that provide non-recourse funds to personal injury victims. ALFA's primary objective is to establish industry standards for transparency in legal funding transactions, ensuring upfront and clear disclosure to consumers.

Read More

New Burford Capital Research Reveals How Businesses are Preparing for Likely Rise in Global Energy Transition Disputes

By Harry Moran |

Burford Capital, the leading global finance and asset management firm focused on law, today releases new research entitled “Energy transition disputes: GCs and senior lawyers on the business impacts of legal challenges to come,” which demonstrates how businesses are preparing for a likely rise in legal disputes related to the global energy transition. This transition―or the shift to renewable sources of energy―is likely to cause an increase in expensive commercial disputes.

Businesses are investing significant sums in this transition, and corporate commitments highlight the scale of economic engagement as they invest in the new technologies, infrastructure and other resources that will be needed. But multifaceted legal and commercial pressures present businesses with a myriad of potential challenges including contractual disagreements, regulatory compliance issues and the need for intellectual property enforcement or litigation. Burford’s research report aims to offer a unique perspective on how corporations foresee the expected rise in litigation and arbitration related to this energy transition, examining the areas of business impact related to this evolving landscape.

Burford commissioned this independent research by capturing insights from 300 GCs and heads of litigation across key industries impacted by the energy transition and spanning North America, Europe, Asia and Australia.

Key findings from the study include:

Disputes relating to the energy transition are rising

·       76% of GCs report they are already encountering disputes related to the energy transition and nearly half (47%) expect a further rise in the volume of such disputes in the next decade, driven by evolving laws, new technologies and infrastructure requirements.

Disputes relating to the energy transition are expected to be costly

·       Almost two in three GCs (63%) expect legal fees and expenses to exceed $4 million per energy transition case; a notable minority (29%) expect per case costs to exceed $10 million.

·       Over half (52%) view high costs as a significant factor in deciding not to pursue disputes.

·       Half (50%) of GCs agree that the energy transition will create the need for additional capital sources for the business.

Expected disputes span all types of business conflict

·       GCs are most likely to predict (77%) that the energy transition will result in more contractual disputes and commercial arbitration.

·       Joint ventures are expected to be particularly prone to disputes over profit allocation (76%) and intellectual property rights (65%).

·       Over half of GCs (57%) also expect their businesses to face arbitrations to resolve investor-state conflicts relating to the transition.

New tools are needed to manage the rising dispute costs

·       Legal finance is increasingly used to mitigate the financial burden of these disputes; three in four (75%) GCs have used or would consider using legal finance to offset the cost of disputes relating to this transition.

·       In particular, GCs value monetization―or advancing some of the expected entitlement of a pending claim, judgment or award― to generate liquidity from claims tied up in litigation and arbitration. With legal finance, companies can also offset the cost of pursuing affirmative litigation to generate liquidity, shifting legal departments from cost centers to value drivers.

Christopher Bogart, CEO of Burford Capital, said: “Businesses face significant challenges related to the global energy transition due to cross-border projects, differing legal frameworks and rapidly evolving policies. Additionally, long-term energy contracts may not keep pace with energy markets and technologies, resulting in conflicts among stakeholders. Burford’s latest research demonstrates the value of corporate finance for law, as legal finance helps companies manage the high costs of energy transition disputes and allows them to pursue meritorious claims without depleting resources.”

Burford’s research is based on a 2024 survey conducted by GLG and is supplemented by interviews with ten global energy transition experts conducted by Ari Kaplan Advisors.

The research report can be downloaded on Burford’s website.

Read More

Hannah Sadler Joins GLS Capital Patent Investment Team

By Harry Moran |

Hannah Sadler has joined the firm as a vice president and member of the patent investment team.

“We are very happy to welcome Hannah to GLS Capital as a vice president and member of our team focusing on patent investments,” said Adam Gill, a GLS Capital managing director, co-founder, and leader of the firm’s patent-related investing. “Attracting top-tier talent is essential for continuing to help our clients achieve success, and Hannah’s background in patent litigation will be invaluable for navigating the complexities of patent investments and helping to drive our mission forward.”

Sadler focuses on diligence around qualified underwriting opportunities and monitoring and managing the firm’s patent litigation investments.

Before joining GLS Capital, Sadler was a patent litigator at Global IP Law Group in Chicago. She has over a decade of experience with all aspects of patent portfolio management and enforcement, including prosecution, litigation, sales, licensing, and portfolio valuation.

Sadler earned her J.D. (cum laude) from DePaul University College of Law and her Bachelor of Arts from the University of San Diego.

Read More