Misappropriation of company funds is considered fraud and may be an internal matter involving employees or funds being diverted to another company – or might involve a criminal gang infiltrating a company.
In cases involving misappropriation of company funds, it is possible to issue a claim against the perpetrator – whether a company or an individual – to recover monies diverted or stolen and claim damages.
In such cases, it may be necessary to establish a breach of fiduciary duty before a claim can be made – and it is advisable to take legal advice at an early stage of any dispute involving misappropriating company funds, to prevent any monies being further dissipated, or assets which have been misappropriated being disposed of.
Duncan Lewis commercial litigation solicitors have considerable experience in advising on misappropriation of company funds, including obtaining freezing orders to prevent the perpetrator dissipating monies or assets, as well as disclosure orders and search orders to recover monies.
Duncan Lewis can also advise on asset tracing – including cross-border asset tracing – to recover any property and monies which have been diverted as a result of misappropriation of company funds.
It may also be able to apply for a summary judgment on any monies which have been diverted, including sums which might have been overpaid in the form of salary increases, commission, bonuses, credit notes, expenses, loans or other company entitlements.
Misappropriation of company funds may also lead to criminal prosecution for fraud.
Duncan Lewis has a highly successful criminal law department able to advise on cases involving financial and company fraud and misappropriation of company funds or insider fraud.
In some cases, organised crime may be a factor in misappropriation and our criminal law department can advise on cases where misappropriation may not be simply an internal company matter, including white collar crime involving:
For expert legal advice on Misappropriation of Company Funds, call Duncan Lewis Commercial Litigation Solicitors on 0333 772 0409.