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Frequently Asked Questions
If we suspect fraud, isn't this something we could deal with together with the authorities?
What are the other pitfalls of trying to deal with this ourselves?
How much will legal services cost, and how do we avoid costs escalating out of control?
Can you help with foreign fraud?
Do we need a private investigator?
What liabilities might we incur?
How do we stop assets being hidden or transferred abroad?
Once we start with this, does it always have to end in court?
How much would the investigation interfere with the running of the business?
What should I do if served with a Freezing Order?
What should I do if served with a Search Order?
If we suspect fraud, isn't this something we could deal with together with the authorities?
PCB Litigation has found that the best chance the victim stands of recovering what has been stolen is to take action before it is too late. In modern times, funds can be transferred and re-transferred at a press of a button. In one of our cases PCB Litigation obtained Court Orders within hours of the victims becoming suspicious and immediately searched the fraudster's home, freezing a number of bank accounts, details of which were discovered at the time of the search. PCB Litigation has worked extensively with authorities and exchanged information for the benefit of the victims. This has led, in a number of cases, to the fraudsters being prosecuted and to assets being recovered.
back to topWhat are the other pitfalls of trying to deal with this ourselves?
Victims are invariably faced with a sophisticated and experienced fraudster who is well versed in not only offering plausible explanations but also placing the stolen money out of the reach of the victim. PCB Litigation's experience and our involvement with a network of similar specialists throughout the world enable us to advise victims as to when, if at all, to approach the fraudster and what information can be obtained from the authorities, banks and other organisations to trace money that has been stolen from them. Caution should be exercised in ensuring all investigations are conducted lawfully. The use of self-help remedies can, in certain circumstances, result in a criminal offence being committed.
PCB Litigation will be able to advise you on the means of securing misappropriated assets and obtaining and preserving evidence in support of your case.
back to topWhat Orders can be obtained?
This depends on the country in which you wish to make the application but the pre-judgment remedy that maybe available is usually used when the removal of assets is likely to take place quickly and it is desirable to prevent the fraudster from destroying vital information.
In the UK, PCB Litigation has obtained a variety of Orders to defeat the fraudster and recover monies for the victim. Examples include Freezing Orders, Search Orders and Disclosure Orders. It should be borne in mind however that each case is different, that different remedies are available in different countries and that legal advice should be obtained at the earliest opportunity.
back to topHow much will legal services cost, and how do we avoid costs escalating out of control?
We pride ourselves in detailing to our clients at an early stage the various alternative remedies, their effectiveness and their cost so that a balanced and informed decision as to expenditure can be taken.
back to topCan we insure against fraud?
Yes. There are a variety of policies that are available in the UK and PCB Litigation would be happy to introduce you to the insurers who could inform you of the benefits of those policies.
back to topCan you help with foreign fraud?
Yes. PCB Litigation has acted throughout the world and has been instrumental in bringing proceedings in many countries on behalf of victims and indeed have obtained Orders in various countries simultaneously to freeze assets held in those countries. See our track record for details of some of the international matters in which we have acted.
back to topDo we need a private investigator?
The need for a private investigator varies from case to case. PCB Litigation works closely with experienced investigators who in turn have considerable contacts with various authorities so that material information can be speedily obtained. PCB Litigation will be able to advise you if a private investigator is needed, and if so, can recommend appropriate investigators.
back to topCan we tap telephones?
There are certain circumstances in which an organisation can monitor its own internal telephone system. However, this is a complex subject and if appropriate procedures are not followed, and necessary consents obtained, a criminal offence can be committed. PCB Litigation is able to provide expert advice to ensure evidence is gathered effectively and lawfully.
back to topWhat liabilities might we incur?
Potentially, there are considerable liabilities in the form of legal costs incurred by yourself and, if you are unsuccessful, by your opponent. In addition, you may have to compensate your opponent for any loss if it is established that you were wrong in taking any particular step. Very careful consideration needs to be given to your potential liabilities.
back to topHow do we stop assets being hidden or transferred abroad?
Act promptly. This may include changing bank mandates, computer passwords, corporate credit cards. A slow response is likely to increase the damage caused. Seek advice of specialists as to the Orders that are available in your country to find where the assets are and freeze them. PCB Litigation can provide that advice on an international basis.
back to topOnce we start with this, does it always have to end in court?
No. At any stage the Court action can terminate by agreement and indeed the victim can decide not to proceed but there are potential financial penalties for doing so. See 'What liabilities might we incur?' above.
back to topHow much would the investigation interfere with the running of the business?
Initially, there has to be a fair degree of involvement. PCB Litigation believes that our clients' time should be spent in running their business. We will involve you as much as you want or alternatively we think is necessary.
back to topWhat should I do if served with a Freezing Order?
It is important that on service of the freezing order you immediately contact a specialist fraud lawyer. A failure to comply with the terms of the freezing order can amount to an offence punishable by imprisonment.
It may be appropriate for your specialist fraud lawyer to make an immediate application to the court to vary or discharge the terms of the freezing order or to obtain the agreement of the Claimant's solicitor to a variation of its terms.
In addition freezing orders invariably contain a provision regarding the immediate disclosure of assets. It is often the case that Defendants who fail to seek specialist fraud advice in preparation of the disclosure affidavit fall foul of this requirement, which can lead to serious adverse consequences.
Click here to find out more about Freezing Orders."
back to topWhat should I do if served with a Search Order?
It is important that on service of the search order you immediately contact a specialist fraud lawyer. A failure to comply with the terms of the search order can amount to an offence punishable by imprisonment.
It may therefore be appropriate for your specialist fraud lawyer to make an immediate application to the court to vary or discharge the terms of the search order or to obtain the agreement of the Claimant's solicitor to a variation of its terms.
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