Civil Recovery and Insolvency Tools for Recovering Fraud Losses in Banks and Corporates

Course overview

Banks, SACCOs and companies that suffer fraud often wait for a criminal case that may take years and recover little. Civil and insolvency law offers faster, creditor-led routes: freezing injunctions, disclosure orders against banks, claims against those who received or helped move stolen money, and insolvency procedures that let office holders investigate and claw back assets. This civil fraud recovery course shows in-house teams and their advisers how to use them.

Participants learn to assess a fraud loss for recovery, preserve evidence and choose between criminal referral, civil action and insolvency routes. They study freezing and search orders, disclosure orders, claims in fraud, knowing receipt and dishonest assistance, and tracing in equity. The insolvency part covers liquidation and administration, investigations by office holders, avoidance of transactions at undervalue and preferences, and director disqualification. The course closes with enforcement of judgments at home and abroad, and the costs and funding of recovery litigation.

Participants leave able to design and drive a civil recovery strategy that maximises the return on fraud losses.

What you will be able to do

• Assess a fraud loss and select criminal, civil or insolvency recovery routes
• Use freezing, search and disclosure orders to preserve assets and evidence
• Bring claims against fraudsters and those who received or helped move funds
• Apply tracing rules to follow misappropriated funds
• Use insolvency procedures to investigate and recover assets
• Enforce judgments locally and abroad and manage litigation costs

Who should attend

For in-house lawyers, fraud and recoveries managers, insolvency practitioners and advisers to banks and corporates.

• Bank legal counsel
• Fraud and recoveries managers
• Insolvency practitioners
• SACCO managers and legal officers
• Corporate investigators
• Litigation lawyers
• Internal audit heads

Course outline

Fees are per participant in US dollars and cover tuition, course materials and your certificate. Travel and accommodation are not included.