Fraud and asset recovery
Fraud can occur in any business or organisation, and it’s often fast moving and borderless. Our experienced team recognises that action needs to be taken quickly, and knowledge of local and international remedies is essential.
We’re one of only a few firms who have collective experience in fraud detection and investigation as well as asset recovery claims. We’ve advised on some of the world’s largest international fraud cases leading all the way to the highest appeal courts where billions of pounds are at stake and claims arise in multiple jurisdictions.
We represent numerous banks, insurers, national and global businesses, the NHS and many other public sector bodies, as well as domestic and foreign insolvency practitioners. Our tried and tested strategies have helped clients avoid claims, identify the perpetrators or beneficiaries and recover millions of pounds worldwide. We tailor our approach, using a combination of civil and criminal prosecution powers to maximise recoveries.
Our team operates from across our five-office network in the UK and draws on the experience of other trusted specialists worldwide. We can help you with:
- fraud investigations (including use of intelligence to identify recoverable assets)
- asset tracing applications including Norwich Pharmacal or Bankers Trust Orders
- early intervention including obtaining and responding to freezing orders and search and seizure orders
- obtaining and responding to disclosure orders and foreign letters of request
- conducting privileged internal and independent investigations (often for regulated organisations)
- domestic and international litigation
- advice on fraud, corruption, bribery and anti-money laundering implications for the victim organisations
- fraud prevention and detection training
- fraud, bribery, and corruption policy and governance issues.
Featured experience
Multi-million pound estate
Acting for the executors and court-appointed administrators of a multi-million pound estate, including conducting and coordinating a multi-jurisdictional investigation into the activities of various parties and engaging in litigation to trace and recover misappropriated funds from locations offshore and in South America.
Bruno Iksil
Advising Bruno Iksil, the so-called ‘London Whale’ in relation to the fraudulent trading of derivatives at the London offices of J.P Morgan in relation to defamation and employment issues and, more generally, in relation to the subsequent investigations by the US Federal Reserve, SEC and the FBI; we also project managed advice from other lawyers and counsel in relation to this matter; the case has now been dropped by the UK Financial Conduct Authority.
Bernard L. Madoff Investment Securities LLC
Advising the US SIPA Trustee of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff in respect of, and overseeing, his English, European and Commonwealth claims arising from the world’s largest fraud. These claims raise multiple, formerly untested, areas of cross-border insolvency law, involving billions of dollars redemptions and fees paid prior to the collapse of Madoff’s infamous Ponzi scheme
Advising a retail business
Advising a retail business where systemic fraud had been discovered in a company it had recently acquired, and making claims under warranties to mitigate losses.
Key contacts
Paul Wainwright
Partner
Derek Bambury
Partner
Chloe Poskitt
Legal Director
Emma Taylor
Partner
David Henderson
Senior Associate
Sophie Ashcroft
Partner
Testimonials
Once we flagged two claims as potentially fraudulent they acted quickly, securing intel and enabling us to fight the case. Convictions have also been pursued via private prosecution.
I have worked with Browne Jacobson for several years now on one of the most complex cases my firm has ever handled. They have been fantastic-they have shown unwavering dedication to the case, to the point that I often feel (probably to their chagrin) as if we are their only client and/or they are a part of our firm, so seamless is the transition of work product back and forth.
You may be interested in...
Legal Update
Romance fraud, online scams and cyber fraud: How banks are now protecting your money
Legal Update
Is Companies House turning the tide against facilitators of fraud?
Legal Update
Publication of Home Office’s Preliminary Findings and Direction of Travel in relation to the disclosure process
Legal Update
The Home Affairs Committee launched another inquiry into fraud - Stop! Think Fraud
Legal Update
The downfall of Vesttoo: Fraudulent letters of credit
Opinion
New fraud offence to be introduced in the new Economic Crime and Corporate Transparency Bill
Opinion
Lying on your CV – what can possibly go wrong?
The majority of people do not feel the need to embellish their CV to get that coveted position and move on up the career ladder. Their worthiness and benefit to the hiring organisation are easily demonstrated through the recruitment process – application, psychometric testing, selection day or interview.
Legal Update
Facing the threat of cyber security breaches
Universities and colleges are not immune from deception by unscrupulous bad actors. The extent to which educational institutions can manage and control risk not only depends on financial management and internal controls, but also the robustness of security and processes which can be exploited from outside the organisation.
Legal Update
Integrated Care Boards and preventing NHS fraud – what you need to know and how to achieve it
On 7 July this year, NHS England published its statutory guidance for Integrated Care Boards (ICBs) and with it set out the ICBs’ role and responsibilities and how they should collaborate, interact and carry out their anti-fraud, bribery and corruption functions in concert with NHS England.
Opinion
Civil remedies trump POCA recovery in landmark decision
The decision in Crown Prosecution Service v Aquila Advisory Limited provides welcome clarification on the interplay between POCA and common law recovery. It seems companies may still be subject to the POCA regime and stripped of a potential windfall which the CPS did not avail themselves of in this case.
Opinion
Payment Fraud landscape shaped by technology in 2021
Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.
Opinion
Chancellor announces levy on companies subject to anti-money laundering regulations
Legal Update
Contingent loss in negligence claims
Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).
Legal Update
Government publishes response to Joint Committee report on the draft Registration of Overseas Entities Bill
Last month we reported that the House of Lords and House of Commons Joint Committee report on the draft Registration of Overseas Entities Bill had been published.