autor

A Norwegian renewable energy company, in a complex, multi-layered pan European litigation case.

Our client, a Norwegian listed company; operating in the Renewable Energy industry sector, instructed iSanctuary to assist their ongoing litigation arising from their acquisition of Italian photovoltaic plants from a Luxembourg/Switzerland Joint Venture entity. Previously, our client paid substantial monies to purchase the plants; within six days of purchase, two of the JV directors were indicted by the Italian authorities for fraud. As a result, the Italian National State Energy company suspended the awarding of tariffs for the photovoltaic plants, rendering them worthless. Our remit focused on several aspects of the case, which had been in litigation since 2015, including criminal investigations concurrently being undertaken by the Italian Guardia di Finanza (GdF) and associated bankruptcy proceedings. We built a bespoke digital case management system; employed by our client and their respective legal representatives. This was imperative to maintain the integrity of evidence, disclosure obligations and management of over 2TB of documents. Through analysis of disclosed material and our investigations, we discovered previously unknown complex corporate structures involved in the deal; mapped the money flows establishing which companies held assets and in what jurisdictions, and their ‘direct’ links to a sanctioned Russian PEP (Politically Exposed Person). Identification of assets has been a crucial element in this case, as it has provided our client with the confidence to pursue and focus their litigation strategy as they now hold the knowledge that there are assets of circa EUR 200 million available. We have prepared and submitted evidential statements; supporting our client’s action(s), given evidence of our findings in court, and engaged with law enforcement agencies in several jurisdictions to further our client’s case.