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Business fraud and asset recovery

Fraud can expose your business to substantial financial loss, operational disruption and lasting reputational damage. 

It may involve an employee diverting funds, a director misusing company assets, a supplier making false representations or a third-party concealing property that belongs to the business. 

Businesses and directors can also find themselves accused of fraud where transactions have been misunderstood, records are incomplete or commercial decisions have later been challenged. 

Our solicitors advise companies, partnerships, directors, trustees, schools and other organisations that have suffered fraud, as well as businesses and individuals defending allegations of dishonest conduct. 

Contact our fraud legal experts

Advice for businesses affected by fraud

Where fraud is suspected, the first priority is often to establish what has happened and prevent further loss. 

We can help investigate transactions, identify the parties involved, trace assets and take legal action to recover money or property. Where there is a risk that assets will be moved or concealed, we can also advise on urgent injunctions and other protective measures. 

Our solicitors can assist with: 

  • Asset tracing and recovery 
  • Breach of fiduciary duty 
  • Diversion of company or trust assets 
  • Misuse of company funds 
  • Deceit and Misrepresentation 
  • Conspiracy 
  • Dishonest assistance 
  • Knowing receipt 
  • Unjust enrichment 
  • Embezzlement 
  • Money laundering issues 
  • Concealment or unlawful disposal of business property 

Where an employee is involved, our Litigation Team can also work with our Employment Team to advise on disciplinary action, suspension, dismissal and the preservation of evidence. 

Contact our solicitors

Advice for businesses and directors accused of fraud

Fraud allegations can arise during shareholder disputes, insolvency proceedings, commercial disagreements or investigations into the conduct of directors. 

An allegation does not necessarily mean that fraud has taken place. Payments, dividends, transfers and accounting decisions can be misunderstood or presented without their full commercial context. 

We advise businesses, directors, trustees and other office holders facing allegations involving: 

  • Misfeasance 
  • Breach of fiduciary duty 
  • Fraudulent trading 
  • Wrongful trading 
  • Unlawful dividends 
  • Transactions at an undervalue 
  • Preference claims 
  • Misuse of company property 
  • Diversion of business assets 
  • Dishonest assistance 
  • Conspiracy and deceit 

We can assess the evidence, advise on personal and corporate exposure and help you respond to civil claims or regulatory and criminal investigations. 

Our Litigation Team works closely with our Criminal Department where allegations give rise to both civil and criminal risks. 

Get in touch

Insolvency and director misconduct claims

Fraud claims frequently arise after a company has entered administration or liquidation. 

Liquidators and creditors may investigate transactions that took place before insolvency, including payments to connected parties, asset transfers and decisions made by directors. 

We advise on claims involving: 

  • Misfeasance and breach of duty 
  • Fraudulent and wrongful trading 
  • Transactions at an undervalue 
  • Preference payments 
  • Unlawful dividends 
  • Misappropriation of company assets 

We act for businesses and insolvency office holders pursuing recovery, as well as directors and other parties defending claims.

Urgent asset protection

Fraud and asset recovery cases can require immediate action.  

Once funds have been transferred through multiple accounts or moved overseas, recovery may become more difficult. 

We can advise on urgent applications including: 

  • Freezing injunctions 
  • Disclosure orders 
  • Search and preservation orders 
  • Orders requiring information about assets 
  • Applications to vary or discharge injunctions 

Seeking advice early gives your business a better opportunity to preserve evidence, limit further losses and protect its commercial position. 

Speak to us about business fraud and asset recovery

Meet the team

Arsalan Mohsin

Solicitor

Basildon & Chelmsford

07572166307

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Luke Morgan

Supervising Director, Litigation Team, Company Commercial, Employment & Deputy Money Laundering Reporting Officer

Commercial hub, Basildon

01268 240000

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Patricia Wollington

Head of Commercial Litigation

Commercial hub, Basildon

01268 240000

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Jeremy Sirrell

Supervising Director, Criminal Defence, Road Traffic & Money Laundering Reporting Officer

Basildon

01268 240000

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