STRATEGIC ADVOCACY FOR BUSINESS DISPUTES – TORONTO BUSINESS LITIGATION LAWYERS
Toronto Employment Fraud Lawyers
Loss Recovery from Employee Theft, Embezzlement, Misappropriation and Dishonesty
Are you a victim of fraud?
Employee Theft, Embezzlement, Dishonesty, Misappropriation and Fraud
Certain employees in some businesses, such officers, bookkeepers, and payroll staff have access to critical financial systems and information, and may breach that trust and breach their fiduciary duties for their own personal benefit. In such cases, termination for cause may not be enough to remedy the damage and losses caused by a rogue employee, and litigation, including urgent injunctions and other remedies, may be required to recover stolen funds. We have experience in handling cases that involve the investigation, tracing, freezing, and recovery of funds which may have been stolen or embezzled by current or former employees in the course of their employment.
It is important in such cases to seek immediate legal advice to protect and preserve your interests and any possibility of recovery. Any delay may provide opportunity for such employees to dissipate or transfer funds to frustrate recovery, or even enable the fraudulent scheme to continue through that employee and / or conspirators.
Employee Fraudulent Schemes
Fraudulent employee schemes take place without detection. Fraudulent employee schemes may have been perpetrated through false accounting, and the use of fictitious suppliers, contractors or employees.
False, fabricated or forged documentation are often the instruments which the dishonest employee uses to perpetrate the fraudulent scheme, and are may be comprised of:
- inflated or fictitious supplies, suppliers, contract, contractors, services and employees
- false invoices and purchase orders
- forged documents, including invoices and bills of exchange
- false and fraudulent cheques
- cheque payee is fictitious or non-existing person
Different fraudulent schemes may be deployed by fraudsters depending of the circumstances of a business and its vulnerabilities to such conduct and losses.
Injunctions and Urgent Remedies for Fraud
Early detection, obtaining and preserving evidence of the fraud may prevent the continuation of the scheme and further losses. In appropriate circumstances the courts in Ontario may grant a Norwich Order for the disclosure of banking or other records to the victim of a fraud, without notice to those perpetrating the fraudulent scheme. Once such evidence has been located and preserved by court order, the victim may, in appropriate circumstances , also be granted an order of the court to freeze such bank accounts (or other assets) (a Mareva injunction) until the final court determination of the victims claims.
Gilbertson Davis LLP has lawyers with considerable experience obtaining and responding to such injunctions and other urgent court relief. We may also advise and act for other affected by such court orders. Early advice on the availability of such remedies, and the advantages and risks involved in such proceedings is important.
Why Gilbertson Davis LLP?
Gilbertson Davis LLP can provide prompt, cost-efficient and results-oriented legal advice and legal representation in employment and wrongful dismissal matters. Some of our lawyers have appeared in all civil courts in Ontario, including appellate courts. Some have also handled matters referred to the Human Rights Tribunal of Ontario and the Ontario Labour Relations Board.
If you have an employment issue or dispute, contact Gilbertson Davis LLP for an initial consultation.