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 these 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 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. “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.
The advantage of an investigation supervised by Edmonds Marshall McMahon means that we can provide guidance as to precisely what evidence would be required for a private prosecution of the offences which have been uncovered. If a private prosecution is in reasonable contemplation, there is an advantage in the investigation being supervised by our firm so that legal professional privilege will apply to communications between us. This would not be the case if a company instructed a corporate fraud investigator directly.
Furthermore, we can easily identify any other relevant lines of enquiry which should be followed whilst ensuring the required standard of this evidence is maintained in order for it to be successfully utilised in a private prosecution.
We endeavour to instruct experts who are familiar with your company’s industry sector in order that their knowledge can complement the direction and content of their corporate fraud investigation.
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 also fully aware of the commercial and reputational considerations of concern to a company. We also frequently advise on the best way to address these concerns.