Since inception, Edmonds Marshall McMahon’s focus has been on assisting companies who have been the victims of corporate fraud. We assist to either recover those monies or to privately prosecute and deter fraudsters. We commonly deal with the following types of cases:
- 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);
- fraud in commercial contracts with banks and financial institutions;
- theft, fraud, dishonesty or money laundering in relation to solicitors, accountants, and other professionals who have abused their position;
- any type of fraud or false misrepresentation in a business, employment or financial context which has resulted in loss to a company or individual;
- loan, insurance and mortgage fraud;
- data theft by ex-employees or current employees; and
- internal corporate fraud.
In order to successfully prosecute corporate frauds, a corporate fraud investigation is essential to gather evidence, identify defendants and trace misappropriated assets.
We are happy to either guide your in-house personnel to undertake the required investigations or alternatively we can work together with appropriate and well respected experts to do this on your behalf. These experts include private investigators, forensic accountants, auditors and data management experts.
Corporate/Company fraud investigations aim to locate assets owned or used by the defendant and identify the ownership and use of properties which can then be restrained. Restraint orders can be used to secure misappropriated assets at the commencement of a private prosecution and, if appropriate, whilst the corporate fraud investigation is being undertaken.
Often, examination of financial records reveal additional offences (such as money laundering) which can then be included in the private prosecution of a defendant. Through a corporate fraud investigation, complex corporate structures can be uncovered identifying additional offences and offenders.
Corporate fraud investigations “Following the money” will often track the movements of individuals and place people at particular places at particular times, thereby providing evidence linking them to criminality. The evidence uncovered through corporate fraud investigations of the lifestyle led by a defendant can assist in the procurement of a confiscation order following a successful private prosecution.
A confiscation order can target assets of the defendant including hidden assets. This financial evidence can also aid in the enforcement of confiscation orders especially where hidden assets are involved.