Fraud lawyer and asset tracing firm in Hong Kong

Fraud and Asset Tracing Lawyers in Hong Kong

Our team of fraud and asset tracing lawyers regularly advise on domestic and international disputes arising from commercial fraud, asset misappropriation and business crime.

Our specialist fraud lawyers have extensive experience in pursuing fraud-related claims and we understand the need to act quickly to provide strategic advice enabling you to trace and freeze stolen assets.  

Tam and Partners Solicitors fraud and asset tracing lawyers advise on cases that involve:

  • Obtaining Mareva/freezing Injunctions
  • Appointment of Provisional Liquidators over corporate vehicles for fraud
  • Directors’ fraud and breach of fiduciary duties
  • Cybercrime, internet scams, email hacking and online identity theft
  • Investment scams and Ponzi schemes
  • Worldwide asset recovery exercises in conjunction with overseas law firms in various different offshore jurisdictions

Frequently asked questions

Asset tracing refers to the process of identifying and locating wrongfully obtained assets with a view to bringing a claim in respect of those assets or enforcing an existing judgment against those assets.

Our team of fraud and asset tracing lawyers are often asked to advise on matters of suspected fraudulent activity where it appears that assets have been, or are at risk of, being dissipated. We are able to draw on an array of tools to trace the location of such assets and recover them.

Traceable assets can be in the form of movable and immovable property, such as shares in companies, monies in bank accounts, vehicles, land and other valuable assets. Even where original assets have been dissipated or converted, tracing is possible to the extent that the value of the misappropriated assets is capable of being identified in the secondary assets.

Our team of fraud and asset tracing lawyers determine the best way to establish where the assets are and the best legal route to return them to their rightful owner.

1. Preliminary Investigation:

Investigations can range from public record searches, such as company registry searches, land registry searches and litigation searches (which can all be undertaken in-house by our fraud and asset tracing lawyers), to engaging independent private investigators and seeking information from law enforcement and/or regulatory agencies.

2. Judicial procedures:

A range of disclosure orders can be sought against the wrongdoer, a recipient of the misappropriated assets and/or third parties (such as banks) either prior to or after the commencement of proceedings by our fraud and asset tracing lawyers.

3. Assistance from foreign courts:

When the assets, the wrongdoers and/or the recipients of the misappropriated assets are not within the jurisdiction, the assistance of relevant foreign courts can often be sought by our team of fraud and asset tracing lawyers in collaboration with foreign lawyers to obtain information about the assets.

A Mareva injunction is an interim Court order (usually obtained prior to or at about the same time as the filing of a claim) prohibiting a defendant from removing, dealing with, or disposing off assets up to a specified value (usually the value of the applicant’s claim). The applicant is required to demonstrate that there are identifiable assets within the jurisdiction and that there is a real risk of dissipation of those assets. The application is generally made ex parte (i.e. without notifying the defendant), either by reason of urgency and/or to keep matters confidential.

Our specialist fraud and asset tracing lawyers define asset recovery as the process by which misappropriated assets (either in original form or corresponding value) are repatriated to their rightful owner by means of enforcement procedures, such as writ of fieri facias (for goods and chattels), garnishee proceedings (for monies in bank accounts), charging orders (for land / shares), and/or bankruptcy or winding-up proceedings.

For individuals and businesses who believe they have fallen victim to fraud, our team of specialist fraud and asset tracing lawyers can assist in the recovery of assets – both in Hong Kong and internationally.