ProCap Newsletter No. 51

Dear Clients,

In cases such as ProCap, situations where certain data cannot be directly obtained from specific jurisdictions do not mean that the proceedings come to a halt, but rather that the process of establishing the facts is redirected toward other available elements.

In such proceedings, a significant part of the factual framework is established through so-called indirect evidence, by connecting data which, individually, may not provide a complete answer, but collectively enable the reconstruction of relevant circumstances.

In practice, this includes the analysis of preceding and subsequent financial flows, connections between accounts, patterns of conduct among participants, as well as other data available through institutions cooperating with the competent authorities.

From a procedural perspective, this method of proof is particularly important in situations where direct evidence is not available, as it allows the facts to be established based on a logical and interconnected set of data.

Such an approach is common in complex cases with an international element and represents a standard method of overcoming limitations in access to certain sources of information.

Understanding this method of proof is important for properly assessing the course of the proceedings and the methodology on which further analysis is based.

We will keep you duly informed of any further relevant developments.

Kind regards,
Attorney Zoran Miljaković