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Fraud (Dispute Resolution)

Fraud

Fraud costs the global economy close to £4 trillion a year, according to the latest reports. As the economic impact of COVID-19 becomes apparent, fraud related to the disruption of the pandemic is expected to rise. Experts also anticipate an increase in historic fraud coming to light in the wake of economic downturn, as occurred after the Global Financial Crisis in 2008. This compounds the increase in cyber activity and the global nature of today's transactions, already contributing factors to the exponential growth of fraud.  

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 fraud investigation.

Our fraud lawyers are part of the largest dedicated group of international injunction specialists in the UK. Wherever possible we seek pre-emptive relief to locate and freeze assets and preserve evidence. We created the International Fraud Group, which gives us a critical edge when securing piggyback injunctions beyond our London and Singapore bases. 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.

As fraud solicitors 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 one; preparing the evidence and applying for and executing injunctions.

Our core fraud team liaises with other key elements of the firm including:

Our criminal defence lawyers have more than twenty years' experience of acting on some of the UK's most complex corruption cases. We recognise that allegations of wrong-doing are high pressure situations and we quickly make your problem our own. We are adept at bringing matters to swift conclusion often without ever having to go to court.

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

We were the first law firm to establish an in-house cyber team. We investigate cyber frauds that use sophisticated infrastructure to defraud their victims, provide ongoing intelligence on the misuse of intellectual property and trace the location and assets of those responsible. Most importantly we take action to rapidly and assertively take down criminal infrastructure, prevent the misuse of data and to freeze and recover funds.

We have a highly specialised coordinated team of lawyers and non-lawyer cyber and blockchain specialists who can advise on all aspects relevant to cryptocurrencies and blockchain.

Non-Performing Loans (NPLs) remain a major economic challenge in both emerging and mature markets. Many assume that these bad debts are beyond recovery, or that enforcement action is not commercially viable. Working with banks and investors in distressed assets, we identify viable NPLs and develop and implement strategies that drive financial recoveries.  

Fraud is a growing area in which private prosecutions can provide an effective means of accessing justice, as well as forming part of an effective deterrence strategy and delivering positive reputational benefits in appropriate cases. Our team is led by former senior Crown Prosecutors, who are highly experienced and skilled in managing cases from investigation through to conviction. 

Key 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
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