Civil Recovery

 

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Bribery & Corruption
Civil Recovery
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Corporate Fraud Investigations
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Civil recovery is a form of non-conviction based asset forfeiture created by the Proceeds of Crime Act 2002.  The High Court has jurisdiction to make what is known as a “recovery order” which enables property to be recovered that has been obtained through unlawful conduct.
 
Morgan Rose has a team of dedicated lawyers who have substantial technical experience of dealing with these cases in both the civil and criminal courts.  Although the claim is about the assets rather than personal conduct, the underlying allegation is that those assets are either directly the proceeds of unlawful conduct or were obtained through it.    

Civil Recovery orders are seen increasingly as an alternative to corporate prosecution and recently in cases of overseas corruption.   Shareholders, investors and in particular institutional investors are at risk of Civil Recovery orders even if unwittingly the beneficiaries of inappropriate behaviour by the company they invest in.  The drive by the SFO to encourage self-reporting by commercial organisations when bribery or fraud is uncovered is likely to make Civil Recovery orders more widely deployed as a means to remove the profits from those who benefit directly or indirectly.
Main Contact

Simon Rose

Tim Peun

 
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