Cross-border frauds – investigation and evidence gathering

Serious fraud these days almost invariably features an international dimension. In the second article in their series on the challenges posed by cross-border investigation and evidence gathering in relation to a Defendant’s assets, Deirdre Walker and Peter Scott of Norton Rose look at how to obtain knowledge about the assets before commencing legal proceedings in England and how further information may be secured once they have started. It is assumed throughout that the fraud is sufficiently connected to England or Wales to enable a freezing injunction to be sought there.

Deirdre Walker is a partner in Norton Rose’s Dispute Resolution Department. She can be reached on tel: +44 (0)20 7444 2633; email: deirdre.walker@nortonrose.com.

Considerations prior to commencing proceedings in England

How to obtain knowledge about the assets

Searching public registers

In all jurisdictions the Claimant is likely to want to carry out company searches and searches of public registers of entities. Some very basic searches, such as telephone directories can often prove useful. A company search may reveal details of shareholders, directors and recent annual accounts.