Edmonds Marshall McMahon are experts in conducting successful fraud prosecutions. We identify comprehensive case strategies to address the objectives of our clients and exercise effective case management in furtherance of these aims. As well as financial crime investigations, we advise on the benefits of applying for restraint and confiscation orders. We have significant experience in obtaining and robustly enforcing court orders on behalf of our clients.
We commonly deal with the following:
- any type of fraud or false representation in a business, employment or financial context which has resulted in loss to a company or individual;
- theft, fraud, dishonesty or money laundering in relation to solicitors, accountants, and other professionals who have abused their position;
- data theft by ex-employees or current employees;
- loan, insurance, mortgage and pension fraud;
- investment fraud;
- fraud in joint venture contracts, such as the dishonest re-routing of a percentage of joint venture funds to one party (internationally and in the UK); and
- fraud in commercial contracts with banks and financial institutions.
A private prosecution can allow an individual access to justice that is otherwise inaccessible through traditional state law enforcement avenues. Budget cuts to the police and CPS in recent times has limited the prioritisation of fraud investigations and prosecutions as reports continue to rise. The confiscation regime can ensure through compensation that the victim is compensated for their financial loss and the defendant denied the proceeds of their crime. The individual’s right to access justice is preserved through this private mechanism.
When a fraud is committed against a company, private prosecutions can have a significant deterrent effect. A private prosecution sends a clear message to a potential fraudster that a company defrauded will take robust and decisive action. As a firm experienced in bringing prosecutions on behalf of companies, we are fully aware of the commercial and reputational considerations of concern to our clients. We frequently advise on the best way to address these concerns.