Fraud is an unfortunately common occurrence in the modern world. At Francis Wilks & Jones, we have a highly experienced team assisting private clients who have been the unfortunate victims of fraud or those wrongly accused of it. We also provide expert advice on freezing orders and injunctions.
Fraud can take a wide range of forms These days it is often perpetrated by sophisticated individuals or companies commonly offering some form of investment which simply doesn’t exist.
Frauds are often carried out by a team using high pressure sales techniques, often backed up with glossy sales brochures or websites. Sophisticated frauds can fool even the most experienced of individuals. Often, they start slowly on a small scale, building gently up to much more significant investments once the fraudster has gained someone’s confidence. At that stage individuals can part with significant sums of money, never to hear from the fraudster again.
The team at Francis Wilks & Jones is highly experienced in dealing with frauds on behalf of private clients.
Our experience includes
- reviewing the available evidence;
- identifying the real wrongdoers;
- issuing legal proceedings to recover stolen money;
- winding up fraudulent companies;
- working with a wide range of contacts both nationally and internationally to help trace stolen funds;
- working with third party experts such as forensic accountants and surveillance teams;
- working with insolvency practitioners and trustees in bankruptcy.
Part of the difficulty in the modern world is that fraudsters can quickly move money out of our national jurisdiction and into other more complex and opaque jurisdictions abroad. However, even in these scenarios, it is still possible to take action either locally or from the United Kingdom in order to try and recover the outstanding monies.
Equally, we have very good contacts with insolvency practitioners in this country. Another route commonly used is for our client to wind up the corporate vehicle used in the fraud and have an Insolvency Practitioner appointed to help with the investigations. Whilst the Insolvency Practitioner then acts for the general body of creditors, they are able to utilise many statutory powers of investigation as part of their action moving forward
An injunction either prevents another party from doing something or alternatively can be mandatory and require another party to do something.
Freezing orders are a type of injunction but on an even more serious level.
- freezing orders are often obtained by an individual (or company) in situations where he / she believes that they have been subject to fraud and the defendant is looking to remove the assets or money out of the claimant’s reach;
- a freezing order is designed to restrain or prevent the alleged wrongdoer from removing certain assets from England or Wales whilst the underlying dispute is subject to normal litigation.
If you are either considering obtaining an injunction or a freezing order, or alternatively, find yourself subject to one of these types of court orders, the team at Francis Wilks & Jones can help. We have considerable experience advising parties to these claims on these types of application
- these are serious types of court orders and will not be granted without sufficient preparation and the right evidential and legal grounds;
- if you are on the receiving end of an injunction or freezing order, it is vital that you fully understand the nature of the court order made and comply with the order itself. Indeed, failure to properly comply with a freezing order can ultimately lead to contempt of court and imprisonment.
Whatever your situation, we are here to assist. If you are the unfortunate victim of a fraud then our team can advise as to whether there is the prospect of recovering any sums you have lost. If you have wrongly been accused of fraud or need assistance with a freezing order – we are here to help.