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Asset Recovery for Corporate Crime Victims

Orrick attorneys have a long history of acting as victim advocates, both in government service as criminal prosecutors, and in private practice.

This experience has proved invaluable in Orrick’s representation of companies that are increasingly the victims of all types of crimes whether the perpetrator is an insider or a competitor. Companies fall victim to crimes such as:

  • Cybercrime including hacking, phishing and malware attacks;
  • Theft of trade secrets and other intellectual property crimes;
  • Illegal counterfeiting of merchandise;
  • Price-fixing in violation of antitrust laws;
  • Embezzlement and kickback schemes;
  • Insider trading; and
  • Fraudulent investment schemes like Ponzi scheme

The era of internet-based crime has brought two further challenges: the anonymity that the internet offers to perpetrators and the ability of perpetrator to commit these crimes while on a different continent. These challenges make it even more important to choose a firm that has the global presence and technical sophistication to obtain compensation for its clients. Orrick attorneys have substantial experience investigating potential problems and obtaining compensation for victims after a problem has surfaced. We have a record of successfully achieving justice for clients in a cost-effective way.

  • The Orrick Approach: Comprehensiveness and Cost-effectiveness

    Comprehensiveness

    The Orrick approach starts with an appraisal of the facts and circumstances of the suspected criminal activity. This analysis includes an evaluation of which forum, given each case’s particular circumstances, is best suited to investigate, conduct discovery, find and liquidate assets (sometimes located outside the United States), recover the victim’s losses, and recover fees. 

    We have a deep bench of lawyers with governmental and private practice experience in both investigation and defense of white collar criminal matters; that same experience is pertinent to assessing facts from a crime victim’s perspective.

    Orrick is uniquely qualified and situated in the legal field to provide asset recovery services, given its depth of experience in each of the legal landscapes available to pursue wrongdoers and recover wrongly obtained assets. Recent rulings interpreting the Mandatory Victims Restitution Act, 18 U.S.C. §3663A, have expanded the scope of expenses a crime victim can recover at the criminal defendant’s sentencing hearing.

    • Orrick’s commercial litigators have extensive experience in state and federal court, should the filing of a civil lawsuit be deemed the best approach;
    • Orrick’s intellectual property litigators have an outstanding record of success with complaints they have filed before the International Trade Commission, which now handles complaints of anti-competitive behavior like theft of trade secrets; 
    • Orrick’s white collar attorneys have had excellent results referring matters involving victim losses to law enforcement agencies for criminal prosecution, and advocating on behalf of victims in criminal court for restitution or remission of the perpetrator’s forfeited assets.
    • Orrick’s insurance recovery attorneys are able to maximize any insurance coverage associated with the direct loss and the costs associated with recovery.

    Furthermore, Orrick has experience in virtually all of the world’s major markets (with particular depth in China) should there be a need for discovery or asset collection outside the United States. Whether acting as counsel to plaintiff in a civil lawsuit, complainant in front of the ITC or victim in criminal court, Orrick attorneys have the expertise to achieve results for its clients.

    Cost-effectiveness

    We have a single point of contact model to ensure responsiveness, quality, and efficiency. Because of the nature of this practice, we employ a variety of alternative pricing arrangements.