Search

How can we help?

Icon

Victim of fraud? How to identify the perpetrator

Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier. Often, the emails will say that bank details have been changed, and that customers should make payment of a genuine invoice into a new account, which in reality is an account controlled by the fraudster.

Once the customer has transferred the funds, the money is usually quickly transferred on or withdrawn by the fraudster, leaving the customer little opportunity to reverse the transaction and retrieve their money.

When asked to identify the individuals behind the accounts used in these scams, banks will typically refuse to help, citing confidentiality and data protection obligations. But it is possible to force a bank to disclose identity details and transaction records via court order.

A ‘Norwich Pharmacal’ order (“NPO”) is a type of court order which compels an innocent third party (often a bank) who is mixed up in wrongdoing to disclose information that will assist the victim in identifying the wrongdoer, or obtaining information which is necessary to bring a claim against the wrongdoer. To obtain an NPO, it is necessary to issue a claim against the bank or other third party holding the information, accompanied by a detailed witness statement setting out the fraud which has occurred, the information required and why it is needed. A hearing before a judge will then take place, which can be arranged at very short notice where time is of the essence.

The court has a discretion as to whether to make an NPO, and will need to be satisfied that there is clear evidence of wrongdoing, that the information requested is required by the victim and cannot be obtained any other way, and that the bank or other third party is involved in the wrongdoing and is not merely a witness to it.

When asked to identify the individuals behind the accounts used in these scams, banks will typically refuse to help, citing confidentiality and data protection obligations. But it is possible to force a bank to disclose identity details and transaction records via court order.

It is also necessary for the victim to agree to pay the bank’s costs of responding to the claim and complying with the order, and to agree to compensate the bank in the event that it suffers any loss if it later transpires that the order should not have been made.

Often, banks will take a neutral position in relation to applications for NPOs where there has been fraud i.e. they will not consent to the order sought, but will not oppose it either. An application to freeze any remaining funds in the relevant accounts can be made alongside the application for a NPO, although it may be too late to retrieve any funds if too much time has passed from the date of the fraud.

Obtaining an NPO requires some intensive work on the part of the victim and its lawyers and is not a cheap exercise; however an order can usually be obtained in a matter of days and in a large scale fraud, can be key to stopping the fraudster in their tracks and retrieving stolen funds.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 01 June 2023
  • Employment

Facts employees should know about their personal data

We previously published an article on facts an employer should know about holding personal data, so it is only fair that we also write about the other side of the coin – facts employees should know as individuals whose personal data is held by their employer.

art
  • 01 June 2023
  • Immigration

What is the Immigration Skills Charge (ISC) and how much do you have to pay?

The Immigration Skills Charge (ISC) is a levy on companies who sponsor migrant workers. This levy was imposed on 6 April 2017. The Government states that the charge has been levied to contribute towards addressing the skills gap in the local economy.

art
  • 26 May 2023
  • Employment

Avoiding discrimination in flexible working requests

The right to request flexible working is currently available to employees with at least 26 weeks’ service and is set to be extended further under new Government reforms.

art
  • 25 May 2023
  • Corporate and M&A

Management Buyout – Top 5 things to consider

A management buyout is a financial transaction in which a member of the management team purchases the company from its registered owner. MBO’s usually occur in private companies in an effort to enhance profitability and simplify strategies.

art
  • 25 May 2023
  • Employment

Carer’s Leave Bill set to become law

On 19 May 2023, the Carer’s Leave Bill had its third reading in the House of Lords, and upon receiving Royal Assent, will become law. There is not yet a date for the implementation of this bill, however it is likely that this will happen relatively quickly upon receiving Royal Assent, so is definitely one to keep an eye on.

art
  • 18 May 2023
  • Immigration

Navigating SOC Codes

When it comes to UK immigration, understanding the intricacies of the system is vital. One significant aspect of the process revolves around Standard Occupational Classification (SOC) codes. SOC codes play a crucial role in determining the eligibility for an individual to apply for a work visa, assessing skill levels, and matching individuals to appropriate job roles.