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Services


Fraud

The cost of fraud to UK businesses is often estimated by Government departments and journalists alike to be anything from £14 to £100bn. Whatever the accurate figure is, with the rise of technology and the increasingly global nature of today's transactions the exponential growth of fraud is likely to continue.

If you are a victim of fraud, reacting swiftly and decisively is essential. Decisions made within the first 48 hours of discovery of a fraud will make the difference between success and failure. Freezing assets and seizing evidence is absolutely critical to a successful fraud investigation. A commercial approach to combating fraud is also vital. If money is to be spent, a return on investment must be made.

When faced with allegations of fraud or breach of your corporate duties, your livelihood and reputation are immediately at stake. There can be no compromise in your defence as there will be no compromise in the attack. The opposition often has months to plan their first move. Your immediate response is critical and sound advice must be sought. To do otherwise could severely damage your case and assist any parallel criminal investigation.

Why we are different

We have the largest dedicated group of international injunction specialists in the country. Wherever possible we seek pre-emptive relief to locate and freeze assets and preserve evidence. Our own International Network of Fraud Specialists, The International Fraud Group, gives us a critical edge when securing piggyback injunctions in other countries. Our anti-fraud and counterfeiting product - Mishcon Tulip (Turning Losses into Profits) - remains the only anti-counterfeiting product devised by a law firm to combat the multi billion dollar industry of international fraud and counterfeiting.

Our ability to control costs and manage the recovery exercise means we are able to convert the pressure we have created into a swift tangible return on investment for our clients. Our reputation for negotiating directly with both fraudsters and their lawyers enables us to resolve complex and sensitive cases in ways that protect our clients from endless litigation and mounting costs.

We have unique relationships with investigators; both private and governmental and ensure that our investigators work side by side with us, the barrister and clients as a team from day 1; preparing the evidence and applying for and executing injunctions.

Our understanding of the most aggressive tactics employed on behalf of claimants in fraud cases also enables us to provide the defendants we act for with comprehensive protection.

Services

  • Development of Fraud Prevention Plans
  • Tracing stolen assets in the UK and overseas
  • Worldwide asset freezing
  • Search and seizure orders worldwide
  • Regulatory issues
  • International enforcement of orders and judgments
  • Criminal complaints
  • Legality of investigative techniques
  • Insolvency and recoveries
  • Civil injunctions - including freezing orders, search orders and disclosure orders
  • Disciplinary investigation/sanctions by the Financial Conduct Authority and the Prudential Regulation Authority
  • Investigations by Her Majesty's Revenue and Customs, professional regulators and Government bodies
  • Money laundering compliance issues
  • Restraint and confiscation proceedings

Experience

  • Recovery of misappropriated assets for an International Investment Syndicate after a £30m fraud by the managing and finance directors.
  • Recovery of damages and stolen databases for a retail milk distributor from a competing business that had used investigators and IT consultants to steal financial information.
  • Recovery of the proceeds of a multi-million pound counterfeiting conspiracy for Microsoft.
  • Tracing of secret profits in cases involving breaches of director duties.
  • Investigations into construction frauds and the legality of various covert techniques.
  • Cross-border evidence gathering in support of US civil and criminal proceedings.
  • Recovery of substantial damages for the bribery and corruption of various Private Equity Funds.
  • Recovering monies on behalf of a major asset based lender, following the fraudulent activities of its directors.
  • A group of international financiers in High Court proceedings relating to claims brought against them by companies and individuals for fraudulent conspiracy, breaches of fiduciary and other duty and breach of warranty of authority in relation to a series of property transactions. Also providing advice and representation in relation to a criminal investigation carried out by HMRC under Code 9.
  • A private equity fund in defending claims of money laundering, fraudulent and negligent misrepresentation and breach of contract in relation to a series of multi-million dollar European IT acquisitions. The claims were dismissed following substantial arbitration in London before an international panel of arbitrators.
  • A group of former employees of a large company who were accused of theft and breaches of trust and subject to worldwide Asset Freezing and Delivery Up Orders. As a result of our actions the Claimant's case collapsed and substantial costs orders were made in our client's favour.
  • Individuals under investigation by HMRC in relation to allegations of irregular activities relating to the importation of goods from outside the jurisdiction.
  • The managing director of a private company who was subject of a FSA investigation into market abuse. A settlement was negotiated with the FSA through mediation.