Asset Recovery

Traditional asset recovery

Most complex fraud cases are now transnational in nature.

Fraudsters usually seek to launder the proceeds of their deception through bank accounts held by different corporate vehicles, linked in turn to bogus transactions and the purchase of assets.

In response, our team of lawyers and investigators is able to mount asset recovery campaigns worldwide to “follow the money”, returning wealth to its rightful owners, usually via substantive litigation with interim measures where appropriate.

Where necessary, the firm is assisted by its international sister network of asset recovery lawyers, ICC FraudNet, giving it a truly global reach.

Non-traditional value recovery

We regularly pursue actions for damages against deep-pocketed facilitators of fraud.

These are part of alternative strategies we employ to recover value, on the basis of ancillary theories of liability including negligence, dishonest assistance, knowing receipt and civil conspiracy.

When tracing strands of misappropriated value, we seek to identify these “enablers of fraud” – which may include banks, law and accounting firms, plus company administrators – and then measure their degree of possible legal responsibility for a client’s loss by fraud.

Crypto fraud

With access to the latest digital tools and external expertise at our fingertips, even assets stolen or laundered via the most complex crypto fraud can be within reach.

Our teams are able to locate and freeze “digital” assets just as they do with other forms of value, and we have even served hard-to-locate defendants notice of proceedings using digital means, with the benefit of appropriate court orders.

Cases

• MKS Law has advised on the restructurings of a major crypto exchange following a significant hack and theft of value, as well as of crypto market makers caught up in the fallout of the FTX collapse.
• Additionally, we act for a victim who has successfully obtained freezing order relief over crypto administered in the BVI. These proceedings have been carried out under seal and against “persons unknown”.

Team members

• Christa Anthony
• Malcolm Arthurs
• Andrew Blackburn
• Charles Bott KC
• Andrew Gilliland
• Jamie James
• Martin Kenney
• Anna Korneva
• Dan Wise
• Markus Stadler
• Jaavonne Taylor