Proven experience
If you or your business discovers that it has been the victim of fraud we can provide rapid, practical and cost effective action to help you investigate what has happened and recover your money.
At MPC Lawyers we have an experienced team with an excellent track record in recovering and pursuing fraud by conducting internal and external investigations. We work with skilled investigators and forensic accountants in order to determine the nature of the fraud, the people responsible and where assets will be located for recovery. Our team is experienced in commercially complex, high value fraud cases and asset tracing.
Types of Fraud
Civil claims take many different forms and may include the following:
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Employee Fraud
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Bribery
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Forgery
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Fraudulent misrepresentation
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Deceit
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Inducing breach of contract
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Insurance Fraud
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Conspiracy
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Breach of fiduciary duty -by business partner, co-director, accountant, trustee etc
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Breach of contract
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Knowing or unconscionable receipt
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Breach of confidence
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Transactions defrauding creditors
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Transactions that undervalue
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Theft of intellectual property
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False accounting
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Suppression of documents
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Blackmail
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Obtaining property by deception
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Obtaining financial advantage by deception
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Destruction of evidence
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Money laundering
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In most cases, civil litigation can include obtaining the following pre-emptive relief:
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Freezing Orders
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Search Orders
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Injunctions
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A freezing order is when a injunction is obtained to freeze the fraudsters assets. Search orders include obtaining an injunction which requires the fraudster to allow your legal team to enter premises, seize items- computers, iPad, phones, hard drives and other evidence. Additionally, an injunction may be issued to prevent the fraudster from leaving Australia. These injunctions are usually made by the court in the absence of the fraudster before they know you have started a case against them.
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Reporting a Fraud
In most civil cases, particularly where a freezing order was obtained a favourable settlement can be achieved early on, avoiding the cost of a lengthy court hearing. If you wish you may also report the fraud to the police. The focus of the police is to charge and convict the offenders. The police can not recover your money. Police action is a lengthy process which can take months if not years to investigate and have the matter brought before the courts. That is why it is crucial that a civil action is taken to recover your money.
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Our experienced Fraud lawyers can assist you with your fraud matters by providing the following services:
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Providing you with clear and practical advise on how best to deal with your matter;
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Our expert Fraud investigators can assist in compiling evidence;
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Drafting court documents- including statements, affidavits etc;
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Representing you in court or tribunal;
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Representing you at mediation;
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Representing you in dealings with law enforcement agencies or government authorities.
Defending Civil Cases
If you or your company have been accused of fraud it is important to know your rights as soon as possible.
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We can assist in analysing the evidence and from there help compile a case to reduce the risk of prosecution and protect your assets.
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The seriousness of offenses may depend on factors including:
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Your role and specific activities in the alleged fraud.
The value of the fraud.
The length of time the alleged fraud took place.