What legal action can a creditor take against a business?
By guest author Sharon McDougall, Scotland Debt Solutions.
All corporates and organisations are vulnerable to financial crime, both from external and internal parties, whether that is individuals or organised gangs.
A case may involve bankruptcy, insolvency or money laundering. In other instances, it can be the result of fraudulent activity, such as employee fraud, intellectual property fraud or theft.
Individuals, too, (particularly those with a high-net worth) are vulnerable to criminal acts such as bribery or embezzlement.
A thorough investigation – usually involving a complex web of financial transactions and often spanning international borders – is critical to locate and recover stolen assets, funds or sensitive information, and, importantly, to locate and identify guilty parties.
Success in bringing legal action rests on the strength of the evidence gathered and the expertise in building a successful, watertight case. Ultimately, a winning outcome relies on a suite of superlative investigative skills, not to mention highly specialist expertise and knowledge in forensic accounting.
You need a professional with an impeccable analytical and investigative track record to get the job done; one that understands the financial and legal framework to achieve results, managing the investigation with discretion, speed and trust.
With our high-achieving team of corporate and forensic investigators, chartered accountants and security specialists, ESA Risk provides the entire suite of services – including people and asset tracing services. When called for, we’ll also bring in legal teams to support you.
Our consultants have an exceptional track record in delivering results for boutique firms, large corporates and high-net worth individuals, both in the UK and internationally.
We can plan, run and deliver complicated, albeit successful, tracing services for any fraudulent activity and can offer high-achieving investigations to locate and identify the perpetrator(s) as well as freeze stolen assets. We can also provide expert support so you can take legal action to regain misappropriated funds and stolen assets that have been acquired fraudulently.
Our expertise extends to tracing people such as debtors who may have gone into hiding to avoid detection and have concealed assets.
By employing state-of-the-art digital location software and tapping into our extensive UK and international contacts, we can identify and locate individuals, negotiate extradition requests if needed, and bring those individuals to court.
We are individually (and in some cases collectively) members of the Association of Certified Fraud Examiners, the International Compliance Association, the Fraud Advisory Panel, the World Association of Detectives and the Association of British Investigators.
We recognise that every assignment is shaped by its own unique circumstances and will always provide a tailored service that covers all the key areas, including:
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