Civil Fraud and Asset Recovery
Tackling Civil Fraud
All organisations, no matter what their size, are vulnerable to fraud and the potential that an employee and/or a third party might dishonestly seek to obtain a financial advantage from them or cause them a financial loss. Civil Fraud is wide ranging, encompassing breaches of duties by a director or employee, misuse of company expense accounts, unjust enrichment to name just a few examples.
Most organisations and businesses already have fraud prevention measures in place to try and prevent civil fraud occurring. However, the main challenge in tackling civil fraud is that the ways of committing it are varied and it is committed in a way in which the perpetrator believes it will be possible to conceal it.
When potential fraud is discovered, the challenge is then for the business to take the necessary steps to deal with the aftermath in a timely and effective manner whilst also containing the impact.
How can BRM help?
BRM have one of the largest dispute resolution teams in the Sheffield City Region and have a specialist Civil Fraud and Asset Recovery Team that provides expert advice and assistance to corporate and individual victims of fraud. The team brings together a range of specialists from across the firm with the objective of securing assets and taking robust action to recover losses. Where wrongdoing occurs in the workplace, dedicated employment advice is also available to deal with any necessary investigations and disciplinary action.
Here at BRM we appreciate that disputes of this nature need to be handled sensitively and often discretely. However, we also recognise the impact fraud can have on any organisation and particularly small to medium sized businesses without the ability to absorb losses. Whilst effective prevention measures are the first line of defence, taking the correct action promptly when wrongdoing is suspected is often key and represents the best chance of recovering assets and losses.
We handle cases involving:
- Dishonesty in the workplace
- Breach of fiduciary duty by a director, an employee or a trustee
- Misuse of company expense accounts, company credit cards or the misappropriation of cash
- Breach of trust and confidence claims
- Diversion of corporate opportunities
- Unjust enrichment and fraudulent misrepresentation
- Sham agreements, sham trusts or forged instruments or other documents
- Obtaining interim civil injunctive remedies such as freezing orders, search and seize orders and other ancillary relief to protect businesses and to prevent the dissipation of misappropriated assets
In addition, the team are able to provide advice on other related issues, often associated with the fraud that has been committed such as:
- Dealing with employment related issues such as investigation, suspension, dismissal, restrictive covenants, confidentiality and settlement agreements
- Dealing with any accountancy issues and ensuring that all relevant books and records are maintained and preserved
- Liaising with and instructing forensic accountants and obtaining expert IT analysis where required
- Dealing with Banks and other professionals whilst recognising the need to maintain working relationships whilst carrying out appropriate investigatory work
- Advising on the conflict between civil and criminal proceedings
- The management of reputational issues
- Advising on how to minimise the occurrence of corporate and civil fraud
