ARTICLE
9 January 2025

How To Recover USD 1 Million - A Case Study

RC
R&P China Lawyers

Contributor

R&P is a unique Chinese law firm founded in 2010, offering trusted legal support for international businesses in China. They cover various sectors and have PRC-licensed lawyers representing clients in negotiations, dealings with government departments, and court proceedings. Their team combines local expertise with international experience, emphasizing integrity, communication, and responsiveness. With offices in Shanghai and Beijing, R&P engages in projects across China and collaborates with local firms for additional support, providing practical solutions for clients' legal challenges.
Importance of immediate action and a multi-disciplinary approach when tackling fraud in China.
China Government, Public Sector

Challenge

A client discovered serious misconduct by their General Manager (GM), including disbursement fraud, embezzlement, and conflicts of interest stemming from competing shareholdings. This posed a significant risk to the company's financial stability and operational integrity. The client sought our assistance to terminate the GM, recover the misappropriated funds, and safeguard the business from future incidents.

Approach

Our team launched a multi-disciplinary investigation, leveraging legal expertise and support from our tax lawyers. After thorough analysis of the company's financial data and legal position, we coordinated a strategic raid at the client's factory. During this operation, we confronted the GM, seized all company laptops and office files, and began a detailed review of the evidence.

Outcome

Fraud Uncovered

The investigation revealed significant fraudulent activities. Under our negotiation, the GM refunded the company approximately CNY 6,100,000 (USD 1 million) through an instant bank transfer.

Operational Control

To stabilize the business, we temporarily assumed control, terminated the Operations Manager without severance, and oversaw day-to-day operations.

Leadership Transition

A trusted new GM was identified and installed, ensuring competent and reliable leadership moving forward.

Safeguarding the Future

We conducted a comprehensive legal, financial, and tax due diligence to address all fraud elements and implemented robust systems of checks and balances to prevent recurrence.

Impact

Our swift and decisive actions restored the client's control over their business, recovered substantial funds, and mitigated long-term risks. The company is now better equipped to detect and prevent fraud, ensuring sustainable growth in a highly competitive market.

Takeaway:

This case highlights the importance of immediate action and a multi-disciplinary approach when tackling fraud in China. Legal, financial, and operational oversight can turn even the most challenging situations into opportunities for business transformation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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