Fraud and Asset Recovery

Overview

Our fraud lawyers work as part of our wider Dispute Resolution Practice, advising clients on asset recovery where funds have been stolen or assets have otherwise been misappropriated. We have particular experience assisting with complex, high-value, cross-border commercial fraud and business crime, including internet fraud, cyber fraud, online scams, email scams, phishing and identity theft, accounting fraud and investment scams. Our fraud and asset recovery capabilities are supported by a strong background in advising regulated financial institutions on securities and other investment laws and in identifying, addressing and countering money laundering. Our expertise in these areas has been internationally recognized by the IFLR1000, the Legal 500, Chambers and Partners and Asialaw Profiles.

Our fraud lawyers understand the need to act quickly, examining options for the recovery of stolen funds and providing time-critical representation to freeze and trace stolen funds lost to fraud related crimes.

Areas of work in which we can assist include:

  • Noriwch Pharmacal and Bankers Trust orders and bankers’ books orders

  • Forensic examination of banking records

  • Asset tracing to identify assets available for recovery

  • Mareva and other proprietary freezing injunctions

  • Liaison with the Hong Kong Police Force and the banks to whom stolen funds have been transferred

  • Service of process out-of-jurisdiction

  • Appointment of provisional liquidators over corporate vehicles used for fraud

  • Default judgments and the pursuit of declarations as to the existence of a constructive trust

  • Vesting orders and garnishee orders to enforce judgments against fraudsters

  • Actions against directors for fraud

Experience

Cyber Fraud on State Bank

Lead counsel to a state bank in connection with the recovery of monies following a cyber fraud resulting in a multi-million US dollar loss. Advised on mareva injunction, Bankers Trust and bank disclosure orders and inter-pleader proceedings.

Insights

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