Fraud Defence

When you or your business is 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 and will use tools such as Search Orders and Asset Freezing Orders in an attempt to overwhelm you. Your immediate response is critical and unless properly advised could severely damage your case and assist any parallel criminal or regulatory investigation.

Why we are different

Our Fraud Defence group has a unique practice in that we have strong experience from both defence and claimant aspects. This means we understand the steps that the claimant might take against the defendant and use these to protect our clients. We are experienced in working in "pressure cooker" situations.

Our Fraud Defence team are defence strategists who use their experience gained from working for claimants to anticipate and undermine the potential points of attack that the defendant may face. The team has vast experience in working for clients who face the parallel attack of a civil claim and criminal regulatory investigation both in Britain and abroad.

The Group's delivery and success is complemented by its immediate access to the whole spectrum of related and supporting legal services internal to the Firm: Reputation Protection; Employment; Insolvency; Matrimonial; Regulatory. We also have a specialist Criminal law Panel set up to enable Mishcon de Reya to provide quality criminal law advice to clients on sensitive issues.

Services

Our team represents those requiring advice in relation to:

  • Civil Injunctions - including freezing orders, search orders and disclosure orders
  • Disciplinary investigation/sanctions by the Financial Conduct Authority and Prudential Regulation Authority
  • Investigations by other professional regulators and Government bodies
  • Money laundering compliance issues
  • Restraint and confiscation proceedings
  • Investigations by Her Majesty's Revenue and Customs
  • Requests for disclosure by prosecution authorities in the UK and abroad.
Experience

Recently, members of our team have advised the following:

  • The Group advised Topland and its directors in their defence of two sets of High Court proceedings concerning the central London building, First Avenue House. The proceedings were brought in 2010 by the previous owner, Standard Life, and the Government tenant, the Secretary of State for Justice. Both sets of proceeding were settled on confidential terms without admission of liability with confirmation that the Secretary of State for Justice and Topland will continue to work together to ensure that the building continues to meet the operational needs of the Courts and Tribunal Service.
  • Advised a company and its directors in proceedings brought by the Hungarian authorities alleging personal liability in respect of the insolvency of the Company’s Hungarian subsidiary.  The proceedings were successfully defended.
  • Advised in major cases with prosecutors in Italy, Hungary and Germany.
  • Acted for a number of individuals seeking the return of money and other valuable property seized by various regulatory or criminal authorities both in the UK and overseas, including Switzerland, Nigeria and Denmark.
  • Advising a City of London banker in defending civil proceedings brought by the Bank to recover substantial bonuses paid by the Bank for alleged misconduct, deceit and breach of contract and in the parallel investigation by the Financial Services Authority. The allegations concern the pricing of sophisticated financial products. 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.
  • Our members have a wealth of experience in executing and defending Search Orders and have been instructed as Supervising Solicitors.

Related services