Nicholas Bortman - Partner

Nicholas has more than 20 years of experience in corporate investigations, principally in complex disputes arising from allegations of fraud, expropriation, corruption, contentious restructuring and insolvency.

Much of his work arises in circumstances where formal disclosure is limited or unavailable, the facts are disputed, and the evidentiary record must be substantially developed. This requires identifying what evidence exists, where it can be found, and how to establish its probative value within the framework of the relevant proceedings, including advising counsel on the investigative steps required to develop and support legal strategy. His practice spans the full arc of such matters: gathering evidence in support of primary claims, tracing fund flows, identifying and assessing assets, testing representations made by counterparties, and supporting litigation and recovery strategy.

Nicholas has particular experience in commercial and investor-state arbitration. His work in this area includes collecting documentary evidence across multiple jurisdictions, often in markets with minimal disclosure requirements (particularly across the Middle East and Africa), and supporting the enforcement of judgments and arbitral awards.

A significant element of his practice involves preparing and defending witness evidence, including being cross-examined on the methodology and reliability of investigative findings. Nicholas has given evidence in arbitral, enforcement, and discovery proceedings, most notably as a fact witness in ICC arbitration and related matters between Iraq Telecom (a joint venture between Agility and Orange Telecom) and a Middle East telecommunications company and its owners. His work was explicitly cited as instrumental in the success of the claimant’s primary claims and the resulting award of USD 1.65 billion.

Nicholas has participated in matters before DIFC, UAE, Lebanon, Singapore, Mauritius, UK, France, Cayman Islands, BVI, and US courts and arbitration centres, among others, as well as private disputes among Middle Eastern merchant families and royalty. He has acted for UHNW, corporate, sovereign, and supranational clients across an array of sectors including telecoms, technology, energy, and banking. Prior to co-founding Raedas, he spent six years in the Middle East developing a regional practice and working to integrate investigations into local litigation strategy.

Nicholas is also a co-founder of FIND, a not-for-profit company that applies private sector financial investigations expertise in support of civil society groups pursuing justice and accountability for human rights abuses, environmental crime, and war. FIND investigates the financial and corporate structures that enable and profit from harm, and supports accountability efforts including legal proceedings, regulatory action, and advocacy. To date, FIND’s work has contributed to over 30 sanctions submissions targeting war crimes and human rights violations, supported survivors of modern slavery in advancing civil compensation claims, and informed submissions to UN fact-finding missions and special rapporteurs. It is funded by the Open Society Foundation and Oak Foundation, among others.

In parallel, he regularly supports civil society organisations pro bono, including the International Criminal Court, where he evaluated the Court’s financial investigation practices and advised the Office of the Prosecutor on asset recovery in Africa. He has led training workshops for African supreme court justices on the use of public record financial investigations in combatting cross-border corruption, fraud, money laundering, and other financial crime.

Nicholas was trained by a former Manhattan District Attorney’s Office trial prosecutor, providing investigative and analytical support in tobacco and pharmaceutical counterfeiting and smuggling investigations.

White collar crime
Led all external aspects of a multi-year investigation by one of America’s largest industrial corporations into allegations of corruption in connection with supply contracts in the Arabian Gulf. Delivered information and evidence, identified, recruited and interviewed witnesses, escorted US based counsel on fact finding visits to Middle Eastern and Asian countries and assisted in preparing briefs to be submitted to the US Department of Justice.
Acted for US counsel on behalf of a US defence manufacturer to investigate a whistle-blower’s allegations of corruptly obtained contracts from a Middle Eastern government. Successfully arranged and participated with counsel in witness interviews in the region and obtained credible – and exculpatory – evidence.
Asset tracing
Acted for US counsel on behalf of creditors of Maan al Sanea and Saad Group to establish first movers’ advantage in securing preliminary attachment orders as news of the US$126 billion fraud broke in 2010.
Acted for UK counsel on behalf of a GCC sovereign fund to investigate the loss of a US$200 million direct investment in India. The mandate included a large scale digital forensic exercise at several remote sites and global asset tracing and recovery.
Acted for UK counsel on behalf of a Middle Eastern air carrier to trace the assets of a debtor and provided evidence in support of applications for preliminary attachment orders.
Developed a bespoke debt recovery programme for a global bank in respect of a non-performing SME portfolio. The programme incorporated a series of investigative phases to shortlist viable debtors (while providing an informed basis on which to write-off others), identify unencumbered assets and deliver evidence to legal counsel.
Acted for US counsel on behalf of a Scandinavian investment bank to pursue the US$20+ million-dollar debt of a disgraced businessman. Located the businessman hiding in an offshore jurisdiction (aided by indiscreet geotags on a family pet’s Instagram feed) and identified the subject’s activities and recent investments in country.
Acted for a UAE sovereign entity in multiple recovery actions against former investment partners and other debtors.
Litigation and arbitration support
Acted for counsel in arbitration pertaining to the circumstances of a high-profile hull loss of a commercial aircraft. Delivered new non-public and unreported information, evidence and witness testimony to support the client’s narrative of events.
Acted for US counsel representing the subject of a US Federal criminal prosecution in New York to gather evidence in his defence. The role focused principally on identifying, contacting and securing cooperation from witnesses in the Arabian Gulf and Levant in anticipation of deposition.
Investigation on behalf of a major Icelandic bank into former executives charged with fraud, delivering detailed profiles of their global commercial and asset portfolios with supporting evidential exhibits.
Internal investigation
Acted for US counsel to support an internal investigation into the Middle East offices of a European industrial manufacturer in response to a detailed whistle-blower letter. Work included extensive tracking of potential witnesses across the United Arab Emirates and India.
Acted for UAE-based counsel to investigate a multimillion-dollar embezzlement scheme by the general manager of a high-profile family office.
Acted for counsel on behalf of a global consulting firm into the detention of its local government counterpart on corruption charges in a GCC country. The government had sought, without explanation, to interview the firm’s senior country managers, raising fears of charges against firm personnel and a material risk to high-value contracts. Delivered information concerning the case against the detained individual and an assessment of the standing of firm personnel and the intentions of the government.
Other contentious situations
Led an investigation for one of America’s largest defence manufacturers to identify the agitator(s) behind a black public relations campaign targeting a high-value product in which the manufacturer had invested.