Are You or Your Business the Victim of Crime? Have You Been Defrauded By an Employee, Business Associate or Client?
The sad truth is that if you are the victim of crime, particularly of financial crime (fraud, money laundering trademark/copyright theft bribery/corruption), the chances are that our cash-strapped State investigative/prosecution authorities, simply do not have the resources to deal with your case, and will not do anything to assist.
So, what can you do? You can consider prosecuting privately and we have specialist private prosecutions lawyers that can help you with that, or you can consider issuing civil recovery proceedings against the fraudster defendant.
First things first - carry out a cost/benefit analysis, weigh up how much this is likely to cost you or your business and balance that against the amount of money that has been defrauded from you.
How can you pay for this?
Do you or your business have insurance that covers these situations?
Can you obtain third party funding from specialist funders (who will seek a percentage of the recovered monies in return)?
Thankfully, our highly experienced specialist Civil Recovery lawyers work on a reasonable fee basis, some cases (the relatively straightforward ones ) can be paid for on a fixed fee basis or in exceptional circumstances, conditional Fee Agreements ( after very careful consideration on our part).
How can we help you?
You will need to move quickly; fraudsters are not in the habit of hanging around or leaving defrauded sums available for very long.
Are you and your lawyers sure that you can fully identify those responsible? You and your legal team must be able to investigate the financial crime and obtain the best legally admissible evidence available. Once that information has been obtained you will want to freeze or even Mareva any identifiable assets that belong to the fraudster defendant or represent the proceeds of the financial crime committed against you. This is important because, obviously, if the fraudster does not have any assets, then there just is not any point going further.
However ASSET TRACING is the ability to follow the movement of assets and proceeds of fraud through accounts/jurisdictions and purchase of other assets e.g. property, shares etc. Once again, you will need specialist solicitors and accountants who can follow/trace assets, through various jurisdictions if necessary. Once those proceeds of financial crime have been identified, we will ensure that they are subject to restraining or freezing orders. Additionally, we will work on your behalf to ensure that the fraudster defendant complies with any freezing order.
As stated above obtaining the best admissible evidence is vital, you may need to obtain THIRD PARTY DISCLOSURE orders from banks, computer or mobile phone operators for example or SEARCH/GIVE IT UP orders allowing access to business addresses or homes to look for relevant material and evidence e.g. imaging computer hard drives.
Once that has been achieved then it may be possible to proceed to summary judgement against the defendant or if he/she raises a legal defence, then you will have to prepare for full trial.
Once you have won at trial then you must proceed to enforcement against any identified assets or monies.
It may be that the defendant will want to negotiate a settlement with you. Again, our lawyers can assist with this.
Why Choose Us?
We are different in many respects from other firms, primarily, because our specialist team, led by Ian Coupland, comprises of both top level civil/commercial litigators and a highly respected white collar crime team (see our REPUTATION PAGE) who pool their experience and work together to assist you to recover what is owed to you.
We have many years of successfully acting for: companies, insurers, business partnerships, high net worth individuals in these situations, successfully traced assets, obtained Mareva Injunctions, and have restrained and/or realised assets located in other jurisdictions.
Contact our Specialist Civil Asset Recovery & Forfeiture Solicitors London
For further information or to speak to one of our top civil asset recovery and forfeiture solicitors please telephone us on 020 7387 2032, complete our online enquiry form, or contact Jeffrey Lewis, Siobhain Egan, Miles Herman, or Keith Wood.