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Modern day fraud can occur in any business or organisation. It is often fast moving and borderless. Our experienced team recognises that action needs to be taken quickly, and knowledge of local and international remedies is essential. We are one of only a few firms who have the combined experience in fraud prevention, detection and international fraud recovery claims. We have advised on some of the world’s largest fraud cases leading all the way to the highest appeal courts where billions of pounds are at stake and claims arise in multiple jurisdictions. We represent numerous banks, insurers, national and global businesses, the NHS and many other public sector bodies, as well as domestic and foreign insolvency practitioners. Our tried and tested strategies have helped clients avoid claims, identify fraud and recover millions of pounds worldwide. We tailor our approach, using a combination of civil and criminal prosecution powers to maximise recoveries.
The decision in Crown Prosecution Service v Aquila Advisory Limited provides welcome clarification on the interplay between POCA and common law recovery. It seems companies may still be subject to the POCA regime and stripped of a potential windfall which the CPS did not avail themselves of in this case.
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Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.
The Chancellor’s latest Budget Report outlined that the Government will introduce a £100 million Economic Crime Levy, otherwise known as the AML Levy no earlier than April 2022 to fund action to tackle money laundering and ensure delivery of reforms in the Government’s Economic Crime Plan.
Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).
Acting for the Trustee of Bernard L. Madoff Investment Securities LLC and the estate of Bernard L. Madoff, regarding the largest financial fraud in world history. Our role has centred on the progression of claims in the role of General and Strategic Counsel to the Trustee, and has included advising on substantial multi-jurisdictional funded litigation, in addition to instructing, managing and co-ordinating offshore counsel.
Acting for Bruno Iksil (the so-called “London Whale”) in relation to fraudulent trading of derivatives at the London offices of JP Morgan in various matters, including defamation and employment issues and more generally in relation to the subsequent investigations by the US Federal Reserve, SEC, and FBI.
Acting for the executors and court-appointed administrators of a multi-million pound estate, including conducting and coordinating a multi-jurisdictional investigation into the activities of various parties and engaging in litigation to trace and recover misappropriated funds from locations offshore and in South America.
Advising a retail business where systemic fraud had been discovered in a company it had recently acquired, and making claims under warranties to mitigate losses.
Advising an NHS Trust where fraud was discovered in one of its subsidiary companies.
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It is important to recognise that organisations and individuals do not have to intend to launder money or even to act dishonestly in order to commit money laundering offences.