FRAUD AND ASSET RECOVERY
most companies, the actions taken in the first days
following the discovery of a fraud often will determine
whether the misappropriated funds or other property
are ultimately recovered. Our team responds quickly
to such frauds, using emergency injunctions, expedited
depositions, subpoenas of bank records, and other
procedures to locate the assets before they dissipate.
FRAUD PROSECUTION AND ASSET RECOVERY
RESPONSE ADVICE The surprise caused by the
discovery of a fraud often creates a crisis-like
atmosphere within the defrauded company, resulting
in mistakes that destroy evidence needed in court
or infringe on the suspect's rights. Such mistakes
can later impede the prosecution of the fraudster
and the recovery of the stolen assets. We advise
and guide our clients in avoiding such costly mistakes.
PREVENTION ADVICE Founding shareholder Ed
Davis is a certified fraud examiner and a member of the Association of
Certified Fraud Examiners. He has lectured regularly
on issues such as fraud prevention and civil prosecution,
including presentations to The Florida Bar, bank
groups and other associations. We advise clients
in establishing fraud prevention and detection programs,
and assist clients in establishing fraud crisis
response plans in anticipation of possible frauds.
We also advise bank audit committees on how to mitigate
fraud risk. Beyond that, our team counsels companies
that suspect they are being defrauded. By working
with investigators in establishing proper surveillance,
investigative procedures and limits, our lawyers
assist clients in determining appropriate responses
to such situations without creating additional liability.
NETWORK OF RESOURCES Our firm has developed
a wide range of contacts who can assist in the investigation
of a fraud in the U.S. or abroad. We work
closely with investigators, computer forensic experts,
foreign lawyers, forensic accountants, handwriting
experts and other forged document experts. Often
these other professionals are key resources in a
rapid response to a discovered fraud. Our group
works closely with federal and state authorities,
assisting in the prosecution of fraudsters.
EXPERIENCE Our work benefits from our international
capabilities. Our ability to communicate easily
in Spanish and our network of contacts in Latin
America are often useful resources when responding
to a fraud.
TOOLS When the fruits of a fraud remain in
the victim's jurisdiction, we resort to the local
courts to freeze the funds and trace the assets.
If the fraud proceeds are transferred to another
jurisdiction, such as the Caribbean, we have a panoply
of remedies available to freeze the funds, including
injunctions (freeze orders). When swiftness is critical,
our experience, contacts and resources allow us
to move quickly.