FRAUD AND ASSET RECOVERY

or most companies, the actions taken in the first days following the discovery of a fraud often will determine whether the misappropriated funds or other property are ultimately recovered. Our team responds quickly to such frauds, using emergency injunctions, expedited depositions, subpoenas of bank records, and other procedures to locate the assets before they dissipate.

COMMERCIAL FRAUD PROSECUTION AND ASSET RECOVERY

FRAUD RESPONSE ADVICE The surprise caused by the discovery of a fraud often creates a crisis-like atmosphere within the defrauded company, resulting in mistakes that destroy evidence needed in court or infringe on the suspect's rights. Such mistakes can later impede the prosecution of the fraudster and the recovery of the stolen assets. We advise and guide our clients in avoiding such costly mistakes.

FRAUD PREVENTION ADVICE Founding shareholder Ed Davis is a certified fraud examiner and a member of the Association of Certified Fraud Examiners. He has lectured regularly on issues such as fraud prevention and civil prosecution, including presentations to The Florida Bar, bank groups and other associations. We advise clients in establishing fraud prevention and detection programs, and assist clients in establishing fraud crisis response plans in anticipation of possible frauds. We also advise bank audit committees on how to mitigate fraud risk. Beyond that, our team counsels companies that suspect they are being defrauded. By working with investigators in establishing proper surveillance, investigative procedures and limits, our lawyers assist clients in determining appropriate responses to such situations without creating additional liability.

WIDE NETWORK OF RESOURCES Our firm has developed a wide range of contacts who can assist in the investigation of a fraud in the U.S. or abroad. We work closely with investigators, computer forensic experts, foreign lawyers, forensic accountants, handwriting experts and other forged document experts. Often these other professionals are key resources in a rapid response to a discovered fraud. Our group works closely with federal and state authorities, assisting in the prosecution of fraudsters.

INTERNATIONAL EXPERIENCE Our work benefits from our international capabilities. Our ability to communicate easily in Spanish and our network of contacts in Latin America are often useful resources when responding to a fraud.

EFFECTIVE TOOLS When the fruits of a fraud remain in the victim's jurisdiction, we resort to the local courts to freeze the funds and trace the assets. If the fraud proceeds are transferred to another jurisdiction, such as the Caribbean, we have a panoply of remedies available to freeze the funds, including injunctions (freeze orders). When swiftness is critical, our experience, contacts and resources allow us to move quickly.

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Astigarraga Davis | 1001 Brickell Bay Drive, 9th Floor | Miami, Florida 33131
Tel: 305-372-8282 | Fax: 305-372-8202 | www.astidavis.com