Asset Tracing
In civil fraud, as with any proposed litigation, it is essential to establish where the potential defendants assets are, or what has happened to the money defrauded from you.
Depending on the urgency of action that needs to be taken, asset tracing is something which should be frontloaded at the beginning of any investigation to enable the claimant to make informed decisions about how to proceed.
If you need to trace where your money has been diverted to, there are options available such as Norwich Pharmacal applications that can help get disclosure of bank account statements of third parties.
If a deeper understanding of assets is required, Tenet has established relationships with asset tracing agents who undertake enquiries lawfully so to ensure no adverse exposure is created and that the information may be used in the Court process.
Of course, the process becomes more complicated where foreign assets are in play, however the starting point will be similar to here in the UK, except that local knowledge would be needed to understand the challenges of the jurisdiction in which enquiries are to be made.
Aside from utilising those publicly available domains to trace assets such as the Land Registry and Companies House, Tenet is experienced in identifying assets through the Courts, for example by obtaining a non-party disclosure order against third parties holding information about a person or company’s assets such as a bank or building society.
This type of court assisted asset tracing often takes place post judgment or where it is suspected a defendant has lied about their assets when responding to a freezing injunction order made against them.
To discover more about the world of financial crime and fraud please see our Fraud Hub.
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