Markus Stadler is a distinguished lawyer specialising in debt and asset recovery at Martin Kenney & Co (MKS). Based in the British Virgin Islands (BVI), the firm is a cross-border international litigation boutique.
“As litigators, we are generally involved in dispute resolution. Specifically with asset recovery, we will get into a case at all different cycles, and they usually have an international flavour.”
With an extensive background in accounting and finance, as well as a myriad of educational accolades, Markus feels that his work in asset recovery is a “natural fit”.
Professional journey
Before joining MKS five years ago, Markus worked at a major U.S. law firm in Washington, D.C., and Paris, specialising in compliance, internal investigations, and anti-corruption cases.
Prior to this, he worked in finance and started a business. “My journey is, in some ways, unique. I think there are more and more lawyers who do have a varied background – mine was finance.”
Although Markus had prepared applications for law school at the end of his international relations degree, he ended up working for Deutsche Bank.
“I went into investment banking somewhat by chance. Companies came onto campus to recruit just before the law school application deadlines happened and Deutsche Bank was the most
interesting one.”
He reminisces: “I thought: Why not try this for a couple of years and apply to law school if I still wanted to do so a couple of years down the road?”
However, this chapter of his life lasted longer than he anticipated. “I stayed on the track, I think, longer than I planned,” he admits, going on to get an MBA and even start his own company.
Eventually, he once again set his sights upon law school. “I sent out the applications, I think a little bit also just to see where I got in. When you do get into Harvard, it’s difficult to say no!”
Markus sees his diverse background as a distinct advantage in his field and has no regrets regarding his less traditional path. “I wouldn’t have changed a thing, let’s put it that way.”
Stages of asset recovery
MKS handles cases at various stages of the asset recovery process, requiring a wide scope of skills and expertise.
“I think what’s interesting about the practice is that we are a mix of investigation and litigation,” Markus mentions.
“We have to work with investigators. We have to work with forensic accountants, so there are cross-disciplinary skills that are required in this area.”
“We may come in very early on or later if the client already has a judgment,” he says. This includes helping fraud victims from the moment they discover a fraud to enforcing judgments and tracking down assets internationally.
Complex frauds can often require sophisticated strategies to identify and recover concealed assets. He notes: “Sometimes getting the judgment is only part of the beginning stages, because then you really have to go after the assets.”
Diverse case types and international reach
Markus’ expertise spans a broad range of fraud and wrongdoing, from inheritance disputes to government corruption cases. These cases vary in their complexity and international scope.
“You can have inheritance cases where an heir starts to conceal assets from other heirs. There are many countries in the world which have forced heirship laws, so there are cases where the decedent has favoured heirs over others to the detriment of legitimate heirs that have forced heirship rights,” he explains.
“We have also represented governments before in corruption cases. Oftentimes, it’ll be a new government investigating the old government and trying to recover assets that have been diverted from their legitimate purposes.”
The firm collaborates with lawyers worldwide, leveraging ICC FraudNet’s network of professionals qualified in multiple jurisdictions such as Europe, Switzerland, the United States, Canada, Brazil, and several Caribbean nations. Markus himself is qualified in Massachusetts, Washington D.C., and New York, as well as a solicitor in England & Wales and the BVI.
“Fraudsters or persons who’ve taken funds and assets generally try to conceal them. They generally try to do that overseas, so you have to work quickly with lawyers around the world, understanding their legal systems,” he notes.
For Markus, no two days at the firm are the same. “When you’re in litigation, I think generally, if somebody asks, ‘what do I do in an average day?’ I don’t have an answer,” he explains, “every day is different and that also keeps the job interesting.”
“You’re always attending to the client’s needs, whether you’re in drafting, whether you are communicating to the client, whether you’re putting together the strategy.”
Multilingual skills
Markus’ multilingual abilities – fluent in English, Spanish, and German, with proficiency in French and Portuguese too – enhance his effectiveness in international litigation. “Being able to read documents, speak with people, and understand different languages is super helpful,” he notes.
His international experience outside the United States includes stints in Paris, Barcelona, Berlin, Geneva, London, Brazil, Argentina, and now the British Virgin Islands, all of which have significantly contributed to his proficiency and adaptability in handling global cases.
“It’s not a requirement when doing international work, but when you’re going through thousands of emails trying to figure out what’s going on, it’s certainly helpful,” he explains.
Utilising the IR Global network
Markus describes how the IR Global network plays a crucial role for MKS in enabling the firm to handle complex international cases effectively.
“Being a member of a network like IR Global is key, especially if you are a boutique firm,” he emphasises. “It’s great to have the ability to look up and see if there’s someone in a country or jurisdiction or in a field where you may need them.”
This access to a vast array of legal professionals across different jurisdictions works both ways.
“On the reverse, someone may come to us and say: ‘Look, I’ve got a case with a spiderweb going all over the world, of which the BVI is one component’, and we can assist.”
Navigating challenges and priorities
In terms of challenges, Markus cites the unpredictable nature of his work. “The challenge, especially in an international practice, is juggling time and priorities; oftentimes you’re dealing with time zones that can be all over the place.”
The client always comes first, of course. Markus recalls his time at the IR Global conference in Boston earlier this year: “I made a point to at least make it to the social activities, but unfortunately during the day we had a few urgent things come up.”
Ultimately, success for the firm and the client comes down to making informed decisions. “Every client is important, but in any professional services firm you’re going to have competing priorities. You have to make the right choice in terms of what the priorities are of all the clients and juggle them.”
A steady trajectory
Looking ahead, Markus envisions a continuation of his current trajectory. “I think I’ll probably be doing similar to what I’m doing now,” he reflects. Although he acknowledges the uncertainty of the future, he is content in his role. “I don’t foresee myself being in a completely different field,” he notes.
While some may have specific goals or milestones they are working towards, Markus’ focus remains on maintaining his established practice in asset recovery and international litigation. “I’m fairly set where I am.”
For younger professionals, Markus advises taking up opportunities that arise that pique your interest. “It’s tough to do too much wrong, especially in the early days of your career.”
He acknowledges that he wouldn’t have the career he does today had he not ventured into different vocations: “It’s a definite asset, had I gone a more traditional route I would not have had the accounting and other finance experience that is key to what I am doing right now.”
“Follow your heart and follow what feels right, within reason,” he adds.
Balancing travel and friendships
Outside of work, Markus enjoys a mix of relaxation and staying connected with his social circle. “I’m often catching up on sleep…” he smiles, “…half-joking, half-serious.” He also enjoys snowboarding in Canada in the winter months.
He appreciates that his work allows him to travel extensively, although he notes that it’s becoming more challenging lately. “It’s not like when you’re 28, 30 and you’re a warrior; you fly to Europe, but you get in at six in the morning and you’ve got meetings at nine, no big deal. It’s not quite like that anymore,” he laughs.
However, he appreciates the opportunity this gives him to see friends. “I’ve got contacts and friends all over the place, so I try to fit them in whenever I visit somewhere. I still do find all the travelling exciting and interesting.”
Markus stresses that maintaining these friendships is an integral part of his work-life balance, particularly at an age where many are juggling young families while at the peak of their careers.
“People have a lot of competing things in their forties, between working and families, but you should always make the effort to try to keep up with your friends.”
