Our fraud defence team, led by Adam Feest QC and Stephen Harvey QC, provides a premium service for senior business executives/professionals and high net worth individuals who have been accused of fraud offences. We act effectively and discreetly to protect your liberty, reputation, and livelihood. We have worked on some of the most serious criminal cases of the last decade and can defend you against any allegation of a fraud offence.
Separately, we understand the need to act swiftly to provide strategic advice enabling you to trace and freeze stolen assets. We know which of the many tools available in the civil courts will be best suited to enable you to recover your losses effectively and efficiently. We understand the invidious position you find yourself in. The decision as to whether to write off fraud losses or to invest in the cost of instructing barristers and investigators is very hard, and the answer will depend on the specific circumstances of each case. We are used to working with victims of fraud to set and work to a budget and we constantly review the chances of a successful outcome weighed against the expense in achieving it.
Our barristers also have experience in conducting internal fraud investigations, to monitor and determine the way the fraud has been carried out, identify all those involved, and ascertain where the assets have gone. The aim is to carry out the investigation without the knowledge of the perpetrators with a view to applying for and obtaining freezing injunctions without notice to them. This means working with the prosecuting authorities to recover your losses by way of confiscation in criminal proceedings. If the prosecuting authorities are not prepared to investigate or prosecute, we have barristers here who can help prosecute the fraudster on your behalf to recover your losses.
For help and advice please contact Lee Giles on +44 (0)3333 231 586 or email us.
There are many differences, but in short civil fraud is pursued by the victim(s) by way of a private action in the civil courts to seek recovery of the monies/assets which have been taken and/or the payment of compensation/damages to the victim(s). The decision in a civil trial will be made by a Judge. Criminal […]
In civil proceedings the burden of proof is on the victim to prove “on the balance of probabilities” that the defendant committed the alleged fraud. In criminal proceedings the burden of proof is on the prosecution to prove “beyond reasonable doubt” that the defendant committed the alleged fraud.
Yes. You will be in breach of the injunction if you do not. You are permitted to take legal advice before complying, and often an extension of time will be sought by your lawyers, particularly if the task is one which will take some time. Without an extension of time being agreed or ordered by […]
If you do not comply with the injunction either by failing to do things you are required to do by a certain time, or doing things you are prohibited from doing, you will be in breach and this is a contempt of Court. The Court takes a very dim view of parties failing to comply […]
The primary consideration is do you want to try and get your money back? If the answer is yes, then you need to bring civil proceedings against the defendant, maybe in parallel with reporting the matter to the police/SFO. Pluses of civil proceedings Proceedings can be begun and ancillary orders (e.g. freezing orders) can be […]
Yes. It is necessary to comply with the disclosure obligations even if you issue an application to discharge the Order. Until the Court hears that application and discharges the injunction, you must comply with its terms or you will be in breach. The time periods for compliance with the disclosure obligations are usually very short. […]
Yes, unless you have varied the order to permit such a payment to be made. Any payment without the sanction of the Court or the consent of the claimant that is either outside of the weekly spending limit for your living expenses or is a business debt, would be a breach. There is a provision […]
The definition of assets obviously includes those which are in your name, whether sole name or joint names. This includes monies in the bank, real property, vehicles, jewellery. It also includes assets not in your name which you have the power to dispose of or deal with as if they are your own. This would […]
This will depend whether you are out of the jurisdiction for a short time or whether you are resident out of the jurisdiction. If you are only way for a short time you must respond. If you are resident out of the jurisdiction this may depend on whether you were properly served with the injunction […]
The order should provide that there is an exception to allow you to spend a reasonable sum on legal fees, and a fixed weekly limit on your ordinary living expenses. This is subject to the proviso that you must first tell the claimant’s solicitors where the money is to come from. Practically this means you […]
A freezing injunction (also known as a freezing order) will usually contain a provision expressly allowing you the defendant to apply to discharge the order. This application should be made at the return date (normally 7-14 days after the “without notice” hearing date when the injunction was granted), and if more time is required an […]
No, the two systems can work together. There is nothing to prohibit a civil claim following a criminal claim, or vice versa – or even both happening simultaneously. Simultaneous proceedings are allowed unless the defendant would face a real risk of serious prejudice which may lead to injustice in the civil proceedings, the criminal proceedings […]
No, in the UK there is no legal obligation to report a fraud to the police or to any other body, unless you and/or your business are part of a regulated sector that has a duty to do so.
In civil proceedings a successful victim may obtain an order that the defendant repay the money/assets taken and or pay damages to the victim. It is possible very quickly to obtain judgment/reach settlement in certain circumstances, e.g. where you have very strong evidence against the defendant. If the defendant is convicted, the prosecuting authority can […]
In civil proceedings a successful victim may obtain an order that the defendant repay the money/assets taken and or pay damages to the victim. There is no sanction by way of punishment. Depending on the offence for which the defendant is convicted, the court in which he is convicted and the value of the fraud, […]
When the claimant obtains the freezing injunction it will be served on your bank(s) and the bank(s) will freeze your accounts entirely. This is because the bank might be liable to the claimant for any loss if it permits a breach of the injunction by allowing you to use your monies once it has notice […]
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