The cases we handle
Financial fraud rarely announces itself. It is discovered in a bank statement that does not reconcile, a vendor that turns out not to exist, a bookkeeper who never takes vacation, or a signature on a check that the account holder never wrote. We represent business owners, professional practices, families, and individuals in claims for actual and constructive fraud, conversion, embezzlement, forgery, breach of fiduciary duty, unjust enrichment, and related business torts.
Civil, not criminal, and why that matters
A criminal prosecution punishes the wrongdoer. It does not, by itself, pay you back, and prosecutors set their own priorities. A civil action puts the recovery in your hands. Virginia law allows a defrauded party to pursue compensatory damages, in appropriate cases punitive damages, and where a fiduciary relationship or statutory violation exists, additional remedies. Civil and criminal proceedings can run in parallel, and we coordinate with law enforcement when doing so serves the client.
Investigation comes first
Fraud claims in Virginia must be pled with particularity and, for actual fraud, proven by clear and convincing evidence. That means the case is built before it is filed. We trace funds through bank records, subpoenas, and forensic accounting; identify every person and entity that received the money; and evaluate which of them can actually pay a judgment. This last question is one many firms skip, and it is the difference between a judgment on paper and a recovery in hand.
One of our clients, an elderly Korean War veteran, sold land under contract to a former tenant. The purchaser forged our client’s signature on an insurance check, converted the proceeds, and absconded overseas. Aggressive prosecution of fraud and conversion claims produced a settlement that returned the full amount of the converted funds to our client.
Now, more than ever, we cannot trust appearances. Now, more than ever, we must diligently verify.
Time limits
Fraud claims in Virginia are subject to a limitations period that generally runs from when the fraud was discovered or reasonably should have been discovered, and related claims such as conversion and breach of fiduciary duty carry their own periods. Because the clock may already be running by the time a loss is noticed, and because evidence such as bank records has retention limits, prompt action protects both your claim and your proof.
Recovery is the point
Once liability is established, our judgment-enforcement practice takes over: garnishment, liens, levies, and debtor discovery under oath. We build the recovery plan into the case from the first meeting, so that a verdict is the middle of the process rather than the end.
What This Looks Like in Practice.
Civil Litigation: Financial Fraud
Jeff prosecuted claims for fraud and conversion on behalf of an elderly Korean War veteran in a land sale contract with a former tenant. The purchaser forged our client’s signature on an insurance check, fraudulently converted the proceeds, and absconded overseas. Jeff’s aggressive prosecution resulted in a settlement including a full return of the converted funds to our client.
Civil Litigation: Business Conspiracy
Jeff successfully obtained a $1.2 million judgment for conversion, defamation, and violations of Virginia’s Business Conspiracy Act in connection with two employees who conspired to steal from and defame a former employer.
Matters are described in general terms to protect client confidentiality. Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits. See all victories →
Read more client reviews →“One of the finest business litigation attorneys in Hampton Roads.”
Jeff combines great legal skill with forward-sight focus and massive compassion for his clients. He is not intimidated by the size of the corporation he is suing or the size of the law firm defending the case. Integrity and dedication are the two words that best describe Jeff.
Questions We Hear Often.
How do I prove fraud in a Virginia civil case?
Actual fraud requires proof, by clear and convincing evidence, of a false representation of a material fact, made intentionally and knowingly, with intent to mislead, on which you relied and were damaged. Constructive fraud relaxes the intent element for innocent or negligent misrepresentations. Both must be pled with specificity. In practice, the case is proven with documents: bank records, emails, contracts, and forensic tracing.
An employee embezzled from my business. Should I go to the police or a lawyer?
Both may be appropriate, and they serve different ends. A police report and prosecution address punishment; a civil claim addresses recovery, including recovery from third parties who received the funds. Before confronting the employee, preserve access logs, accounting records, and communications, and secure the accounts. We can advise on sequencing so that neither track undermines the other.
Can I recover from someone other than the person who took the money?
Sometimes. Depending on the facts, claims may lie against those who knowingly received the proceeds, those who aided the scheme, or fiduciaries who failed in their duties. Identifying every potential source of recovery is a core part of our investigation.
What if the person who defrauded me has left Virginia?
Virginia courts can exercise jurisdiction over out-of-state defendants who caused injury here, and Virginia judgments can be domesticated and enforced in other states. Fleeing the jurisdiction complicates collection but does not end it, as our client whose funds were converted and taken overseas can attest.