Fraud is something that companies must be ever-vigilant against. One out of five companies faces at least one incident of material fraud every year. Knowing how to prevent fraud is a critical business skill. And when fraud happens, you need to know how to respond fast. One of the things that has to happen as fast as possible is securing your assets.
Each of the attorneys in the Fraud practice group focuses their specific areas of legal expertise primarily on fighting fraud. They work closely with specialists in labour law and criminal law, and with forensic investigators.
Whenever there is a suspicion of fraud, it is of critical importance to immediately take the right steps in the right order. Throughout the process, it is vital to keep the circle of trust as small as possible. Do not confront the suspected fraudster(s) with the suspicions, but contact us immediately to initiate the next steps. LXA has the knowledge and network needed to coordinate all actions.
The assets misappropriated by fraud must be secured as quickly as possible. This can be done by levying prejudgment attachment. The attachment will prevent the fraudster from being able to dispose of the assets.
A good investigation is critical. It will not only establish the scope of the fraud, but track down where the misappropriated assets can be recovered.
After attachment is levied, a civil suit must follow. In the civil suit, the liability of the fraudster(s) must be established. The full extent of the damages resulting from the fraud must also be determined.
Because company fraud is almost always committed by employees, a labour law procedure will almost always follow any instance of fraud. Should the fraudster or fraudsters be suspended or summarily dismissed, or do steps need to be taken to rescind the employment contract?
Fraud is prosecutable under criminal law. This means it can be reported to the police. In any individual instance, it is advisable to weigh the pros and cons of filing a report. If you make the decision to do so, it is important to have the report properly prepared by a specialist.
Our attorneys have extensive experience with fighting fraud and assessing the resulting damages. LXA is the driving force behind the platform bedrijfsfraude.eu, a network of specialists united to fight fraud in the most effective possible way.