Asset Recovery

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Asset Recovery

Civil fraud is a serious issue that can have devastating financial consequences for individuals and businesses alike. In the UK, there are robust legal frameworks in place to address such matters, including specific measures for asset recovery.

What is civil fraud?

Civil fraud differs from criminal fraud in that the burden of proof is lower. Instead of “beyond reasonable doubt,” it’s “on the balance of probabilities.” While this may seem less stringent, proving fraud can still be complex and requires substantial evidence.

Common types of civil fraud include:

  • Fraudulent misrepresentation: Deliberately misleading someone to gain a financial advantage.
  • Breach of fiduciary duty: A person in a position of trust misuses that trust for personal gain.
  • Unlawful means conspiracy: Two or more people conspire to cause financial loss to another.

Asset recovery: Reclaiming what's yours

Once fraud has been established, the next step is often to recover the lost assets. This is where asset recovery comes into play. It involves tracing, freezing, and ultimately recovering assets that have been fraudulently obtained.

Key steps in asset recovery include:

  • Identifying the assets: This involves determining the nature and location of the assets.
  • Freezing the assets: Obtaining court orders to prevent the assets from being dissipated.
  • Tracing the assets: Following the trail to understand how the assets were transferred.
  • Recovering the assets: Pursuing legal action to reclaim the assets.

The role of experts

Complex fraud cases often require the expertise of professionals, such as:

  • Forensic accountants: Uncovering financial discrepancies and tracing the flow of funds.
  • Legal experts: Navigating the legal complexities of fraud and asset recovery.

Challenges and considerations

Recovering assets from fraudsters can be challenging. Assets may be hidden, transferred to offshore jurisdictions, or dissipated before they can be recovered. Additionally, the legal process can be lengthy and expensive.

It’s crucial to seek legal advice early on to protect your interests and increase the chances of a successful recovery.

Committed to exceeding expectations

Our team of experts

“I am really happy with and grateful for the service Stephen have rendered, which I think has been of high quality. Stephen's advice and insights have always been clear and with my best interests in mind. There are very few professionals I have worked with in either my business or personal life who have been as consistent as Stephen has at doing what he promised, at the time he promised it.”

Partner
Pete Wilson

“From the day we appointed Tim and his team, the communication with us was outstanding, always at the end of the phone or email, more than often outside office hours, with a fantastic level of knowledge.”

Managing Partner
Jeremy Gordon

“The professionalism throughout was exemplary, I felt I was always able to make contact and receive feedback from the start to the end of the process. Ben was a much needed calming influence throughout.”

Partner
Mark Smith

“I would like to say the service from Anthony was excellent. Whilst I see people, including my co-defendants getting frustrated with their legal team (ie. not being able to contact them and not getting questions answered), I have had a great service and was always satisfied from start to finish.”

Partner
Kim Edwards

“Kim’s always gone the extra distance in times of need and always been ever so easy to talk especially in times of stress. Kim’s very thorough and diligent in her work who’s judgement and opinion I’ll always trust. Kim’s always been readily available and if not - very prompt in getting back to me. I’ve recommended Kim to friends over the years and they’ve always thanked me in doing so as she’s provided them with the same level of care and attention. It’s been very reassuring having Kim in my corner.”

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