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Punishing a Fraudster

Objective

A large development company signed a preliminary contract with one of its employees for purchase and sale of nonresidential premises in a house under construction. To accelerate registration of the ownership rights to the premises, the employee filed a claim with the court on recognizing his ownership rights to the property, providing a payment order confirming payment of more than one hundred million rubles of the purchase price. A representative of the company, taking into account its relationship of trust with the employee in question, recognized the claim and confirmed the payment in court. However, later it turned out that the payment order had been fictitious and that no payment had been made. The employee resigned and sold the property on the effective date of the court judgment. To collect the cost of the non-residential premises from this employee became a matter of principle for the company.

Resolution

The complexity of this project was that there had been an effective court judgment in which the company had recognized the claim and had confirmed the fact of payment. As a result of our painstaking work with the materials of the first case file and obtaining new evidence of nonpayment, we managed to build a legal position in support of recovery of the amount in question from the former employee and file a number of claims against him. The new arguments and evidence helped us convince the court that the company had been a victim of an employee fraud.

Result

The court satisfied our claims and ordered the former employee to compensate the cost of the nonresidential premises, plus penalty. The client received the money and moral satisfaction due to the fact that the fraudster who had abused its trust was eventually punished.

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