Fraud, Financial Crime & Asset Recovery
In today’s climate, issues such as fraud and financial crime are increasingly prevalent across all areas of the business community.
The complexity of such claims, involving dishonesty and careful premeditation by the perpetrators, produces a minefield of inter-related legal issues which span both the civil and criminal environments.
Invariably the victims require incisive and clear advice matched with an ability to deliver with speed and a clear strategy from the outset. They need to be able to rely on a legal team with the experience and capabilities to deliver top quality advice to maximise the prospects of a full recovery using whatever legal tools are available.
The expanding role of criminal prosecutions in the context of fraud means that clients need to understand how in some cases the Proceeds of Crime Act can assist in pursuing their claims more effectively than going through the High Court.
Our expertise in dealing with both civil proceedings and high value Restraint and Confiscation proceedings in the Crown Court provides us with a unique combination of expertise in both the civil and criminal worlds.
We have helped our clients recover millions of pounds in multi-layered fraud actions against both fraudsters and prosecuting agencies who have deprived our clients unlawfully of cash, shares and properties. Our experience extends to include cross-jurisdictional asset tracing and the use of Worldwide Freezing Injunctions; as well as working hand in hand with lawyers around the world to preserve our client’s assets.
Representative Fraud, Financial Crime & Asset Recovery Work
Examples of our team’s fraud, financial crime & asset recovery experience include:
- Advised on the successful challenge of a fraudulently obtained Grant of Probate in relation to an estate valued in excess of £20m.
- Advised a notable Russian commodity house in respect of a £20m fraud predicated against it.
- Advised a subsidiary of a NASDAQ listed company in relation to a fraudulent misrepresentation claim valued in excess of £2.5m.
- Advised on the successful recovery of £2.8m in cash, shares and properties from the Crown Prosecution Service.
- Advised on the successful challenge of a £5.4m Confiscation Order made against a client in the Crown Court, reducing the figure claimed to £52,000.
- Advised in the successful recovery of £1.5m from the perpetrator of property fraud; which involved cross-border asset tracing and the obtaining of worldwide injunctions.
- Advised on a claim for fraud in relation to a £1.5m loan relating to the sale of our client’s 50% shareholding in a property holding corporate vehicle valued in excess of £20m, involving companies in Dubai and British Virgin Islands as part of a sophisticated fraud.
- Advised on the successful pursuit of directors of a company for fraudulently dissipating assets of a company prior to its insolvency in a claim worth in excess of £800,000.
- Advised on a £1.8m conspiracy to injure/deceit action relating to a co-ordinated plan to procure the release of a debt owed to our client for his 50% shares in a property development valued at £20m.
Key contacts:
Biography
Clare’s expertise spans a broad range of commercial litigation but with a focus on complex shareholder / commercial disputes and IP often involving issues that traverse multiple jurisdictions.
She has led on a number of high value multi-faceted disputes involving commodities, fraud, corruption/conspiracy, breach of contract, fraudulent mis-representation, lending, mis-selling, HPAs, intellectual property rights, professional negligence and company/director/shareholder/JV issues for clients based both in the UK and overseas ranging from SMEs to ultra-high net worth individuals, international banks and other global institutions.
As well as matters brought in all divisions of the High Court and Commercial Court, Clare has experience of cases which have gone to the Court of Appeal and Supreme Court. She also has experience of international arbitration particularly of those conducted in the International Chamber of Commerce and International Dispute Resolution Centre and extensively of mediation where she has led many successful settlement negotiations.
Clare is also regularly instructed on global enforcement matters involving obtaining worldwide freezing orders and overseeing recovery proceedings in a variety of foreign jurisdictions including the BVI, Turks and Caicos and Cayman Islands.
Clare’s IP practice focuses predominantly on the protection of the rights of Teacher Stern’s restaurant, retail and tech clients in relation to which she has successfully staved off many potentially infringing competitors.
Clare is listed as a recommended lawyer in the Legal 500 2021 and 2024 rankings.
Representative Experience
Clare has:
- Recently successfully defended a business and associated professionals in a complex high court action which spanned 2.5 years and included trial set down for 20 days concerning allegations of fraud and conspiracy regarding the acquisition of a national security and surveillance company.
- Acted in an ultra-high value conspiracy dispute between Russian oligarchs.
- Represented a distributor in a $50M corruption case in the Commercial Court involving the distribution of oil additives to Iraq.
- Advised borrowers and guarantors in relation to facilities of $500M entered into with a collapsed Icelandic Bank.
- Represented a Canadian metals billionaire and philanthropist in an international arbitration concerning a million US$ charter agreement.
- Acted in a dispute relating to a multimillion pound property fraud including obtaining world-wide freezing injunctions and enforcement action.
- Advised in connection with a $60M breach of contract dispute involving a celebrity chef.
- Advised on a breach of contract/mis-representation claim concerning a multi-million dollar film contract.
- Represented a European water supply company and various UK restaurant chains in connection with the protection of their IP rights
Testimonials
Legal 500
“Clare Toomer is very accessible, responsive and sensitive to a wide range of client needs.’
“The reason we work with Teacher Stern. Robust in her dealings with the other side and tells you exactly what is and is not possible, and why.”
Clients
“Clare is a first-rate litigator. She has excellent legal skills and a demonstrated ability to manage every type of case from large commercial claims to smaller disputes requiring a more personal touch. Clare combines a friendly and approachable manner with a tough and determined approach to getting the best result for her clients.” Max Mallin KC, Wilberforce Chambers
“Clare Toomer is a star in the making at Teacher Stern LLP; combining a sharp intellect with great judgement, she knows which points to take and which not. A pleasure to work with and in any litigation you would want her on your side.” Peter Featherman of Ed’s Easy Diner.
Year qualified
Solicitor, 2010
Career History
Partner, Teacher Stern
Solicitor, Teacher Stern
Trainee Solicitor, Teacher Stern
