Civil fraud and asset recovery

The Blake Morgan Civil Fraud & Asset Recovery team specialises in handling complex and cross-jurisdictional fraud cases and asset recovery, acting for both claimant and defendant, whether a business or an individual.

Main areas of practice

Our civil fraud and asset recovery lawyers are recognised specialists in the tracing, freezing and recovery of misappropriated assets both in the UK and overseas. We can give you the best possible advice on the legal procedures to recover assets and protect your reputation. The quicker you advise us of suspected fraud, the better chance we will have of being able to act swiftly on your behalf to remedy the situation.  Each case is handled with the utmost confidentiality. We also understand how allegations of fraud can have a devastating effect on the reputation of an individual whose life can be dramatically affected by allegations of dishonesty, freezing orders or search orders.

Our areas of expertise include:

  • Managing major fraud litigation in the UK and overseas including fraudulent misrepresentation, deceit, breach of fiduciary duty, obtaining secret profits, breach of trust, dishonest assistance, and unjust enrichment
  • Obtaining interim civil remedies such as freezing orders, search and seize orders and other ancillary relief to protect businesses and prevent the dissipation of misappropriated assets (and advising individuals who are subject to such orders)
  • Restraint and confiscation proceedings under the Proceeds of Crime Act 2002
  • Regulatory and anti-money laundering advice, advice on bribery and corruption policies and advice on whistle-blowing policies designed to minimise the occurrence of corporate fraud

Clients

Our Civil Fraud & Asset Recovery team has a long track record of successfully advising and acting for many individuals and businesses in the UK and abroad whether they be the victim of fraud, or the subject of allegations of dishonesty.

Significant Experience

The team comprises of lawyers who are members of the Commercial Fraud Lawyers Association, the Fraud Advisory Panel and Proceeds of Crime Lawyers Association. Examples of where they have helped clients include:

  • Acting in a series of connected and complex frauds which has led to the recovery of over £10 million from bank accounts in the Caribbean.
  • Misfeasance claims against directors/senior employees arising from the misappropriation of company assets.
  • Acting for an alleged de facto director defending a claim brought by a Liquidator for damages based on alleged dishonestly committing breaches of fiduciary duty/trusts, dishonest assistance and unjust enrichment, including dealing with a worldwide freezing order, and parallel proceedings in British Virgin Islands (BVI) and Switzerland.
  • Acting for offshore trusts and private individuals in claims against various sham trusts, onshore and offshore companies and individuals for damages and/or tracing based on fraud, including obtaining a worldwide freezing order and enforcing the same in the UK and Jersey, including parallel proceedings in Germany and Jersey.
  • Acting for a director defending a claim for damages and/or tracing alleging dishonest breach of fiduciary duties and obtaining a secret profit, including dealing with a freezing order and a search and seize order obtained against him.
  • Acting for an individual defending a claim for damages and/or tracing based on alleged dishonest breach of trust/fiduciary duty and/or fraudulent misappropriation of funds, including dealing with freezing orders, applications for interim payment and summary judgment, and arguments relating to agreements entered into for an illegal purpose and allegations of tax evasion and fraud in the US.
  • Acting for various parties defending related proceedings involving multi-defendants in BVI, Switzerland and the UK. The proceedings involve detailed allegations of knowing receipt, dishonest assistance, breach of fiduciary duties, and constructive trusteeship.
  • Acting for claimant (petitioner) in Privy Council and related Bahamian proceedings in relation to issues of fraud surrounding conduct of proceedings in Bahamas in relation to a land dispute.
  • Successfully acting on behalf of a charitable organisation to recover monies fraudulently stolen by a former employee; to include professional negligence proceedings against its former accountants.
  • Advising Trustees of a pension fund upon a £1.7 million commercial fraud.
  • Successfully defending a multi-party multi-jurisdictional £1 million claim relating to the loss of hi-tech equipment overseas which included significant aspects of fraud.

Related expertise

Main contacts

Related Knowledge & Resources

Fraudsters dealt blow after seeking to hide behind illegality defence

News

On 22 April 2015, the Supreme Court handed down judgment on the appeal from the Court of Appeal in Jetivia SA & Another v Bilta (UK) Limited (in liquidation) & Others.

Civil fraud lawyers play key part in Proceeds of Crime case

Press Release

Blake Morgan's civil fraud team have helped secure a settlement that will see tens of millions of pounds from the proceeds of crime being returned to the UK’s public purse.

Pension liberation fraud

News

We look at the recent rise in reported cases in the UK of fraudsters targeting pensions.

Extra-territorial effect of sections 236 and 237(3) Insolvency Act 1986 examined by High Court

Office holders of insolvent companies are under a duty to investigate the pre-insolvency affairs of the companies over which they are appointed. However, sometimes, records of the company's dealings may no longer be in the company's possession or control.

Ponzi schemes still at large

The type of fraudulent scheme concocted by Charles Ponzi in the 1920s, is assumed by many to be outdated and no longer occur in today's regulated market. Conversely, we are seeing an increase in claims as these schemes continue to come to light.

How to combat housing fraud

An outline of how the provisions of the Prevention of Social Housing Fraud Act 2013 can be a useful tool in order to make sure that those living in your accommodation are entitled to do so.