Civil Fraud and Asset Recovery

Civil fraud investigations require a comprehensive knowledge and understanding of many different areas of English and international law. Senior Partner David Wheeler leads this area of our practice, having worked for many years in the Crown Prosecution Service and the Serious Fraud Office. We advise clients from a wide range of sectors and industries on all aspects of civil fraud and asset recovery.

Recent and current cases include

  • Acting for several victims of a “boiler room” scam to identify defendant companies and individuals and recover assets using post-judgment worldwide freezing injunctions and Norwich Pharmacal orders in over 20 jurisdictions.
  • Acting on behalf of a private company in a claim against a dishonest accountant involved in property fraud which resulted in the recovery of £32m.
  • Acting for the beneficiaries of an offshore trust to recover funds fraudulently taken by a director with the assistance of professional trustees.
  • Acting for shareholders against a director who had fraudulently stripped a company of its assets and moved them offshore.
  • Acting for an international financial services company on a civil fraud and asset recovery matter dealing with questions of jurisdiction, choice of law, enforcement of foreign judgments in England and obtinaing Judgments in England with a view to international enforcement.
  • Advising a distribution company in respect of a systematic scheme to produce industrial numbers of fraudulent cheques by its financial director.
  • Pursuing financial recoveries for commercial clients including a law firm in South Africa and a Trustee in Bankruptcy located in Belgium.
  • Acting for a client to set aside a judgment which had been obtained by fraud.

Our experience

  • Investigating civil fraud claims and defences to allegations of fraud
  • Advising on civil actions and remedies in respect of:
    • Fraud, misrepresentation and deceit
    • Dishonest assistance and knowing or unconscionable receipt
    • Unjust enrichment
    • Conversion
    • Bribery
    • Breach of trust and fiduciary duties
    • Misappropriated property or funds
  • Imposing fiduciary duties and constructive trusts
  • Assisting defrauded creditors and setting aside transactions at an undervalue
  • Advising directors in respect of personal liability for fraudulent and wrongful trading
  • Analysing company accounts
  • Identifying, tracing and recovering assets, both within the UK and overseas
  • Exposing sham trusts
  • Lifting or piercing the corporate veil
  • Obtaining pre-emptive relief
    • Search orders
    • Freezing injunctions and related injunctive relief (including worldwide freezing orders)
    • Third party disclosure orders
    • Norwich Pharmacal orders