Civil Fraud and Asset Recovery

Civil Fraud and Asset Recovery

At Saunders Law, we provide high-quality asset recovery advice and representation to defendants and claimants caught up in civil or commercial fraud. Asset recovery is the process by which assets obtained by illegal means are traced and recovered.

If you believe you have fallen victim to fraud, our commercial litigation experts can assist in the recovery of your assets – both in the UK and internationally – that you have lost due to the fraud. We also defend clients who are accused of fraud, to ensure their assets and rights are protected during a dispute. If you require advice on any aspect of asset recovery, contact our expert commercial litigation lawyers today.

When can civil fraud occur?

Civil or commercial fraud is a broad term covering a number of different circumstances. In general terms, it takes place when a fraudulent misrepresentation was made by the defendant to the claimant. Fraudulent misrepresentation occurs where:

  1. the defendant makes a false statement;
  2. the defendant knows the statement is false;
  3. the defendant intends the statement to be relied on by the claimant; and
  4. the claimant suffers loss as a result.

How to prevent the disposal of misappropriated assets

If you have suffered loss as a result of a civil or commercial fraud, there are various ways our lawyers can help you to prevent your assets from being disposed of while a civil claim is in progress. An interim freezing order/injunction is one of the most powerful methods, as it can provide the power to restrain all types of assets – including property, land, shares and bank accounts – held by the defendant and any third parties on their behalf. Freezing injunctions require the defendant to provide full disclosure of all their assets, and can require relevant third parties to provide details on all the assets they hold for the defendant. This information can be invaluable to the asset tracing and recovery process, so it may be the case that we recommend you obtain a freezing order/injunction.

In the most serious cases of civil or commercial fraud, a search and seize order may be granted by the court. This order allows items to be seized from the defendant’s properties, where there is a serious risk that stolen assets may be disposed of.

Asset tracing and techniques

There are many methods that your commercial litigation solicitor may use when tracing and recovering misappropriated assets.

Information gathering

This involves investigating key sources of information, such as the Land Registry, Companies House and even social media accounts. These sources can provide vital details for asset tracing and recovery, such as the ownership of a property and the current financial situation of a particular company.

Piercing the corporate veil

Depending on the nature of your case, you may be more successful if you bring your claim against the company the defendant worked for, rather than the defendant him or herself. In civil fraud cases, it is possible to “pierce the corporate veil”, meaning you can pursue the directors of the company that is responsible for your loss.

Third party disclosures

Third parties, such as banks, estate agents and professional consultants, can also be key to the asset recovery process, as they often hold information that is not offered or available from the defendant. In some cases, it may be possible to apply for the court to order a third party to disclose information.

Third party claims

It may also be appropriate to bring a civil fraud claim against a third party where there is sufficient evidence to show a third party participated in the fraud or benefited from it.

At Saunders Law, we have advised and represented many individual and corporate clients throughout the civil fraud claims process. Our specialists assess the claimant’s evidence to decide on the most successful strategy, apply for interim injunctions that prevent the assets from being disposed of while the dispute is underway, and represent clients at trial and secure the recovery of their assets. We apply our expertise in commercial, criminal and regulatory law, as well as in cross-border litigation, and work closely with external experts, to provide the best possible advice and strategy for the recovery of your assets. Contact us today for expert advice and decisive action for your civil fraud dispute.

Asset recovery defence advice in England and Wales

Asset recovery procedures can have a serious impact on defendants. It is important that if you are subject to allegations of fraud that you seek specialist legal advice and representation without delay. At Saunders Law, we understand that freezing orders and search and seizure orders can have a significant impact on your livelihood and reputation. We act on behalf of those who are facing allegations of civil fraud to ensure their assets are not unreasonably restricted and that their rights, in particular relating to data protection, are not neglected by the terms of a freezing or search and seizure order. High-value cases can attract significant media attention, and in these cases we will ensure rules on confidentiality are obeyed and that there is minimal effect on your reputation.

Contact our Asset Recovery Solicitors in London

Our civil litigation lawyers have extensive experience acting for both claimants and defendants in asset recovery cases. We have successfully represented clients in many high-profile disputes, often involving the tracing and recovery of assets from various jurisdictions. If you need advice on any asset recovery issue, or any other commercial litigation matter, please contact us for a free, no obligation discussion to find out how we can help. Call 020 3553 0702 or make an enquiry online

 

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