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Published byNigel Nicholson Modified over 9 years ago
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1 What to do if you discover a fraud…. Mona Vaswani, Partner Litigation 1
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2 Who should be notified Insurers Regulators Criminal authorities Money laundering issues
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3 Objectives Identify perpetrators – find the rot Need to investigate Head on a pole Corporate morale Financial recovery / defending claims Publicity and reputation Principle
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4 Managing the investigation Who needs to be involved Preserving evidence Preserving privilege Dealing with employees Conducting interviews Assembling the team
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5 Private Investigators Finding the right firm Observing applicable law Privilege Proceedings against the client and solicitors involved
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6 Choosing the Defendants and Jurisdiction Too many defendants Costs Delay Tactics Jurisdiction
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7 Securing the assets Asset freezing injunctions Gagging order Proprietary injunctions Trusts and offshore structures Bogus transfers Insolvency provisions Attacking legal privilege Multi-jurisdictional co-ordination Confiscation of passport
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8 Search Orders Search of office and home Real risk of destruction of evidence Conduct of the search
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9 Interim battles Asset disclosure Legal and living expenses Contempt of court Tactics Fake illnesses
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10 PR Tactics for the client Interaction of legal proceedings and PR
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11 Co-ordination with criminal proceedings Effect of criminal investigation / prosecution on civil proceedings Confiscation orders Interview of witnesses Delay Financial recovery? Standard of proof
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12 Making accomplices pay No recovery from fraudster Tracing claims Personal claims against “deep pocket” accessories
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13 Settlement and mediation Mediation in fraud litigation Where it’s helpful Where it’s not
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14 Questions?
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