Civil fraud is increasing and the cost of this to businesses now extends into multiple billions annually. Statistics from the National Fraud Authority suggest the figure of the cost in the UK is around £73 billion per year. Typically known as 'white collar crime', the reasons behind the rise include increased electronic communication reliance and the fact that everyday commerce now routinely stretches into the international sphere; meaning that the opportunities for, and number and value of, fraudulent dealings is expanding. Swift action is necessary by civil fraud solicitors at the earliest possible point when the fraud is either confirmed or suspected.
For most, full asset recovery is the priority, and tactical and rapid advice is needed for the best chance to secure this, especially when assets have been moved or concealed.
Civil fraud solicitors from Oratto
Through Oratto you can contact a number of highly experienced civil fraud solicitors. Oratto has been developed as a web-based platform to connect consumers of legal services with the right solicitor for their needs. There are many different types of civil fraud that may have occurred - this is a wide legal sphere - and the role of civil fraud lawyers includes helping to locate, hold and then recover stolen assets and money worldwide. All of the solicitors featured on this page are experts in the repercussions of civil fraud and will be able to help protect your business. If you have been a victim of fraud it's likely that there has been deception and a substantial breach of trust. Oratto member solicitors will be able to put you at your ease while you work together to overcome the consequences of fraudulent behaviour. You can choose a lawyer to be connected with or submit your details to Oratto and we can select the best lawyer for you through the Oratto Match facility.
Common civil fraud
- breach of fiduciary duty
- deceit and dishonesty
- secret profits and bribery
- unjust enrichment
- money laundering
Your chosen civil fraud lawyer will also be able to assist with any internal investigations, such as those for misconduct and wrongdoing as well as with liability claims for accessories.
Redress following white collar crime
There are multiple options for those who fall victim to fraudulent behaviour; both for secure asset recovery and in bringing a civil action against those responsible. Your chosen lawyer will be able to advise you specifically depending on the circumstances of your case, but these options now offer far greater flexibility in handling the issue, plus in speed and control of the situation. This applies both in pursuing a case and defending one.
It's also possible that there may be criminal elements to the case and, if so, your Oratto member lawyer can advise you on this. Other elements of civil fraud include the detection and prevention of fraud, recovery strategies and tracing of assets.
Civil injunctions can also be applied in these circumstances, the most commonly applied is a freezing order.
Provided for by s.37 of the Senior Courts Act 1981, a freezing order prevents a party under suspicion from dealing with or disposing of their assets. This is generally carried out so a clear picture of the assets can be ascertained and also so that any judgement can be enforced. If you are considering applying for a freezing order, as a rule, it must be done quickly and without notifying the person to which it relates. A delay in applying for a freezing order can give rise to doubt as to whether it's necessary. Freezing orders can be domestic or worldwide but to have one granted case law has provided some conditions which must be satisfied:
- there must be significant risk of the assets being disposed of
- the assets must be within the correct jurisdiction
- the applicant must demonstrate an equitable or legal right to the assets
- there must be reasonable argument for the case
Acting quickly and decisively in cases of asset freezing and evidence seizure can give applicants the best chance of success, so contact Oratto today for immediate advice on your civil fraud case, whether you are looking to defend or proceed.
Oratto – helping to protect your business interests