Fraud is an ever-increasing problem, evolving and becoming more sophisticated in how it is perpetrated. As organisations grow, so do the opportunities for fraudsters.
Prevention - Most businesses have safeguarding policies and procedures in place but there is also a balancing act between fraud and other commercial concerns. The key question is: is your organisation doing enough? What sets us apart is our holistic approach – working closely with clients, we help put effective fraud prevention strategies at the heart of their business. We can help you embed fraud prevention strategies in your business and provide bespoke training on all aspects of fraud prevention, detection and resolution.
Detection and Investigation - Once fraudulent activity is detected, we can act quickly, covertly and thoroughly to assist you to understand the nature and scope of the fraud, identify the wrongdoers and understand where the assets have gone – to help you to make a commercial decision as to your next steps.
Resolution - We know that with when fraud is discovered, it is crucial to act quickly. We can assist you in making the right decisions to ensure your misappropriated assets are safeguarded and recovered, without tipping off the fraudster. This includes using the full spectrum of legal armoury available, including:
- Norwich Pharmacal orders to compel disclosure of information by recipient banks and others;
- freezing injunctions against individuals and entities in respect of their assets worldwide;
- proprietary injunctions to protect any of your property in the hands of the fraudster;
- civil fraud proceedings against suspected wrongdoers and conspirators and their assets;
- other procedures from search orders to private prosecutions and preparing evidence packs for referral of a criminal case to the Police and CPS.
We can also help clients who are faced with allegations of fraud or a breach of their corporate or fiduciary duties. This includes providing vital and time sensitive assistance to ensure:
- due process is followed and that any freezing orders or other interim relief is obtained lawfully;
- the applicant’s duties of disclosure to the court and to our client are complied with in full;
- any unlawful or unfair aspects of orders do not stand and where appropriate that such orders are overturned in their entirety;
- adequate time is given to comply with any disclosure or other obligations imposed by the court;
- our clients are permitted access to sufficient funds to meet their living or business expenses as well as their legal expenses, so that they are able to continue on personally and in business as normally as possible and with access to the money they need to fund their defence.
Our expert team’s ability to mobilise quickly and be effective is strengthened by our relationships with expert counsel, forensic IT specialists, global investigators, and our global partner firms.
Recent examples of our experience include:
- Successfully obtaining worldwide freezing injunctions orders against fraudsters to ensure assets located in the UK and abroad are not dissipated.
- Recovering assets using criminal restraint and compensation orders.
- Acting for liquidators and trustees in bankruptcy pursuing antecedent transaction claims, including fraudulent trading and director misconduct claims.
- Providing a streamlined fraud response service to our insurer clients, enabling delivery of a swift and effective response to financial frauds against insureds.
- Advising on all aspects of bribery issues, from prevention to regulatory requirements to civil liability issues;
- Advising on whether reports needs to be made to the National Crime Agency under POCA.
We are also experienced in assisting those faced with fraud allegations, including:
Successfully defending clients against fraud allegations resulting in exoneration, public apologies, and fraud allegations being withdrawn.
Advising clients faced with Dawn Raids, including providing on-site support to ensure the raid is conducted lawfully and proportionately.
We act for a range of clients, including:
- Major corporates and SMEs
- Public sector organisations, including educational institutions and NHS bodies
- International entities with business interests in the UK
- Brokers and loss adjusters
- Private individuals
- Household name composite and London market insurers