According to the market, PCB is considered an outstanding specialist fraud and asset recovery firm. This is recognised by leading directories such as Chambers & Partners and The Legal 500. Our expertise is recognised by the nature of the instructions we receive and the clients who instruct us, including state owned entities, banks, big businesses and very high net worth individuals.
PCB handles cases of varying value including some valued at more than a billion dollars, often with highly complex issues, both factually and legally, including issues relating to jurisdiction, availability of interim relief and attacks on corporate and trust structures in which assets are held. Cases range across a wide variety of industry sectors, including oil & gas, banking and financial services, metals, professional services, real estate, and telecommunications and media.
PCB acts both for Claimants and for Defendants in fraud cases and, unusually, acts both for and against banks in substantial fraud cases. This gives us an insight into dealing with cases on behalf of clients that other firms are unable to have.
Fraud cases require our specialist expertise for a variety of reasons. For example:
Fraud cases require much more strategy than other commercial cases. When acting for a claimant, getting judgment is only one consideration. Enforcing judgment against a fraudster often requires use of interim remedies such as freezing orders and receivership orders, which we are used to obtaining simultaneously in numerous jurisdictions where assets may be hidden.
Often third party disclosure and search and seize orders are used to locate and freeze assets, and consideration needs to be given to the various potentially accountable third parties who may have assets available to satisfy any judgment.
Questions of busting trusts, claiming against third party nominees and setting aside transactions that were made to defraud creditors often arise.
The multi-jurisdictional nature of fraud and asset tracing cases requires consideration not only in respect of which jurisdiction to hear the claim, but also which jurisdictions offer the best opportunities for effective interim remedies.
When acting for defendants to fraud claims, we have frequently dealt with challenging jurisdiction and/or the interim relief that the claimants may have obtained, as well as obtaining security for costs and damage. Questions such as counterclaims and indemnity claims against third parties often arise. It is important to assess strategically the merits of such applications and the benefits that might be obtained.
We have detailed knowledge of the types of claims that can be brought, including cases of conspiracy, deceit, breach of trust or fiduciary duty, knowing receipt and dishonest assistance
PCB has handled numerous types of fraud claims over the years including:
- Bank loan fraud
- Breach of trust and fiduciary duties
- Bribery and corruption
- Claims relating to defrauding creditors
- Commodities fraud
- Director’s duties fraud
- Employee fraud
- Hedge fund fraud
- Identity theft (individual and corporate)
- Matrimonial fraud
- Mortgage fraud
- Prospectus fraud
To find out more about us and our fraud and asset tracing experience please consult the pages on the right or get in touch by phone or email for an initial discussion.