Investigations

Every case starts with some form of reason to suspect wrongdoing. That reason can be a tip off through whistleblowing, or stumbling across some information which causes concern. Often in fraud and dishonesty cases, the concerns at the heart of a case evolve from that first suspicion.

It is not often that a ‘smoking gun’ is discovered at the outset of your concerns.

In many cases, a party affected considers that fraud is not the reason for their concern, for example when considering who may be suspected of committing the fraud or if this is a situation of carelessness as opposed to intended dishonesty.

In other cases, you do believe fraud has been committed but do not know who by.

Our experience of fraud investigations tells us that there are many factors to consider when fraud is first suspected.

Whether you are an individual, a company or not-for profit organisation, whether you are regulated or not, many of these factors will be relevant to you.

Examples of issues you need to consider include:

Communications with the party suspected
Preserving and not interfering with evidence such as emails and other electronic stored information and data
Human resources issues such as suspension.
Communications with other parties affected, employees of your organisation and external media
Whether there is insurance in place which may assist and what to do about notifying insurers and complying with condition precedents in your policies

Reporting to regulators (if required)
Considering your loss and how to protect your position if a defendant is likely to dissipate (move) their assets from view (i.e. considering whether to obtain a freezing injunction)
Considering whether disclosure is needed from any third parties to enable findings to be made about the suspected fraud (for example non-party disclosure from banks of bank statements of the party suspected).
Commissioning external experts, for example asset tracing or forensic IT experts or accountants

Case Studies

Financial Crime Compliance & Governance, Fraud investigation

The one with a leading compliance training organisation learning how fraud cases help with financial crime compliance…

Client Type - company

View case study

Training was provided to a leading international training organisation that itself supplies training and professional qualifications in the financial crime compliance field. The training was focused on the options the civil court system provides on reacting to discovery of fraud. Training was provided around types of cases where court applications such as non-party disclosure, Norwich […]

View all case studies

Getting a handle on what to do and in what order can often lead to significantly different outcomes if you decide to pursue civil recovery through the Court process.

If you act in haste without legal advice, that may lead to damage to evidence or tipping off a suspected party (whether they are known or not known to you) so that they move their assets which can make any subsequent claim of limited benefit.

If you are regulated organisation, ensuring an accurate record of decision making and reasons for such decisions, the process and outcome is essential when detailing matters to your regulator.

Often, we simply advise clients on the best steps to take, after all, it is often the client that knows their own business better than anyone else. We can be on hand to work as closely or in as limited scope as is required but if we help in setting the right course at the outset, that in our experience is key to a more likely successful outcome.

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Email us at info@tenetlaw.co.uk

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Tenet Compliance & Litigation Limited
10th Floor
Lyndon House
62 Hagley Road
Birmingham
B16 8PE

Tel: 0121 796 4020

Email: info@tenetlaw.co.uk

Fax: 0843 216 4240

Tenet Compliance & Litigation Limited. Registered Office, 10th Floor, Lyndon House, 62 Hagley Road, Birmingham, B16 8PE. Registered in England and Wales. Registered No: 09776405. Authorised and regulated by the Solicitors Regulation Authority. SRA Identification No. 626562.

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