Misappropriated business funds can move through accounts, companies and asset purchases before the loss is fully understood. A recovery strategy needs to establish the legal claim, preserve the available evidence and identify assets against which an effective order can be obtained.
Our firm represents businesses and individuals in Israeli asset-recovery disputes. We prepare civil claims and urgent applications, assess personal and corporate liability, coordinate tracing work and foreign counsel where needed, and pursue enforcement and settlement terms directed at actual recovery.
Begin with the transactions and the immediate risk: what left the business, who received it, what records establish the transfer and which assets or evidence need court protection.
Establish the loss and the right to bring the claim
Identify the person or entity that owned the money or property and the person entitled to seek its return. In a corporate matter, distinguish the company’s loss from a shareholder’s separate loss and establish the authority to instruct proceedings.
Gather the agreements, bank records, invoices, approvals and communications relevant to each transfer. Prepare a dated account of what was authorised, what occurred and how the discrepancy was discovered. Separate a contractual payment dispute from allegations of dishonest conduct and identify the facts supporting each legal ground.
The civil claim may seek repayment, return of identified property, compensation or another remedy supported by the relationship and events. Examine the conduct of each proposed defendant and the basis for the requested order, including contractual duties, misrepresentation or unjust enrichment where applicable.
Prepare a recovery map linking the claimant, disputed transfers, recipients and presently identifiable assets. Record where the information comes from and which links still require evidence. This gives the legal and tracing work a common factual foundation.
Preserve records and trace identifiable assets
Preserve the original transaction records and relevant electronic material. Retain the source files and a record of how copies were obtained. Identify people with direct knowledge of instructions, account access and the movement of property.
Review the bank transfers, beneficiary details and documents connecting a payment to a later asset purchase or onward transfer. A forensic accountant can assist with complex financial flows and quantify the loss; the instruction should define the question, records available and reasoning required.
Where vehicles form part of the factual picture, a UK-focused stolen car check guide provides context on vehicle-history checks in that market. For a recovery claim, establish the vehicle’s identity, ownership, transaction history and applicable local records, and connect the evidence to the property or relief sought.
Build separate entries for confirmed information, an inference drawn from records and an investigative lead. A payment reference or shared address needs to be examined alongside the transaction documents and evidence identifying the recipient or controller.
Our firm can use the emerging record to assess the claim, identify appropriate document requests and prepare applications aimed at the assets and evidence that matter to the dispute.
Seek an interim remedy that fits the risk
Under the Civil Procedure Regulations, interim relief is directed at protecting an apparent right, the proper conduct of proceedings or effective execution of the judgment. An application needs sufficient prima facie evidence of the cause of action, the remedy’s conditions and its necessity.
The court considers the harm to the applicant, respondent, others and the public interest, a less harmful effective alternative, good faith and delay. Present the facts showing the specific risk and why the proposed scope is needed.
For temporary attachment, regulation 103 requires reasonable concern that withholding the order will materially impede execution of the judgment. In a money claim, attachment can concern the respondent’s assets held by the respondent, applicant or a third-party holder. For a claim to a specific thing, the regulation addresses attachment of that property.
Identify the bank, property or other asset and the basis for attributing it to the respondent. Address the amount and terms sought and any third-party interests. Prepare for the steps required to serve and implement an order and deal with the holder’s response.
Regulation 109 addresses a temporary prohibitory injunction and the concern that withholding it will materially impede proper execution. Identify the conduct to be restrained and how the requested prohibition serves the case.
Orders affecting a respondent personally and measures to be taken against property in another country require separate analysis of jurisdiction, scope and local effect. Coordinate any foreign application with the Israeli proceedings and the asset’s location.
Prepare for security, service and an early hearing
Regulation 96 provides for the applicant’s undertaking to compensate for damage from the temporary order if it expires or is narrowed, and security subject to the court’s powers and exceptions. The undertaking is unlimited in amount unless the court orders otherwise. The temporary remedy takes effect once the required security is deposited, unless the court directs otherwise for special reasons. Include those obligations in the decision about an urgent application and its budget.
The general hearing framework involves both parties, with provision for relief without notice in the circumstances set by regulation 97. Temporary attachment and evidence-seizure applications have their own without-notice rule, subject to the court’s assessment under that provision.
Give the court an accurate factual account supported by the relevant documents and affidavit. Address the material circumstances and the reason for urgency, and prepare for service, any challenge and the further hearing.
If relief is sought before filing the claim, the regulations provide for filing within seven days of the order or another time directed by the court. Track that requirement and the order’s service and security terms from the moment it is made.
A preservation strategy includes the work after the initial decision: ensuring the order takes effect, dealing with responses and continuing the main claim in accordance with the court’s directions.
Protect evidence through the court’s authorised process
Regulation 123 permits appointment of a person to carry out a search, photographing, copying or seizure of evidence held or controlled by the respondent. It requires a real concern that the evidence may be concealed, altered or destroyed and that this will materially impede the proceeding or discovery of the truth.
The application should identify the evidence, where it is believed to be held, the basis for that belief and the facts supporting the risk. Explain why the requested operation and its scope are needed for the dispute.
The appointed person acts within the court’s order and the applicable safeguards. Identify the premises, records and permitted actions precisely, and prepare for the safeguards applicable to the appointed person and the rights of those affected.
For digital records, identify the accounts, devices or systems relevant to the transactions and the appropriate method of preservation or extraction. Maintain a record of collection and handling so the material can be assessed and used in the proceedings.
Our firm prepares evidence-preservation applications and works with appropriate professionals to connect the requested measures with the factual and legal issues in the claim.
Keep civil recovery and a criminal complaint properly coordinated
A civil claim seeks the remedy available to the claimant against the relevant defendants. A criminal complaint places the alleged offence before the competent authorities for investigation and a prosecution decision. The state controls the prosecution process.
Where the facts support a complaint, prepare a clear chronology, the relevant transactions, supporting documents and witness information. Distinguish personal knowledge from information supplied by another person and explain the basis for identifying those involved.
The investigating and prosecuting authorities assess the material and decide the steps within their powers. Their decisions include whether further investigation is needed and whether there is a basis to prosecute. Provide further relevant information through the appropriate channel.
For the civil case, assess what records can lawfully be obtained and used, and the procedure needed to obtain them. Coordinate the factual positions in the two processes while continuing to protect civil filing deadlines and comply with court directions.
Settlement discussions should address the civil rights and obligations that the parties can resolve. Identify the scope of any release, payment terms and required approvals, while treating decisions on investigation and prosecution as matters for the competent authorities.
Identify the basis for personal and corporate liability
Map the companies, shareholders, officers and recipients involved in the disputed transactions. Establish the conduct and legal basis for a claim against each person. A claim based on a person’s own conduct should be examined separately from an application to attribute a company’s debt to a shareholder.
Section 6 of the Companies Law permits attribution of a company debt to a shareholder in exceptional cases meeting its conditions. The provision addresses abuse of separate legal personality to defraud a person or prejudice a creditor, or conduct harming the company’s purpose while taking an unreasonable risk regarding its ability to pay its debts.
The court must consider attribution just and right in the circumstances. The section requires the shareholder’s awareness of the relevant use and directs attention to the holding, duties to the company and its ability to pay. It also addresses suspicion followed by avoiding inquiry, while excluding mere negligence from that awareness rule.
Examine transfers between corporate and personal accounts, the commercial explanation and the records of decisions and ownership. Connect those facts to the statutory conditions and the relief sought. Prepare the allegations and evidence concerning the particular shareholder or other defendant.
Where insolvency proceedings affect the company or assets, review who has authority to act, the relevant process and how the proposed recovery step fits with the proceeding.
Coordinate overseas assets and digital-asset evidence
For an overseas account or property, identify the country, holder, ownership evidence and possible local remedies early. Coordinate jurisdiction, service, document production and enforcement with counsel in the relevant country.
A professional network such as the ADVOC network can assist in identifying independent firms across jurisdictions. Select the legal work and local team by the countries, assets and measures required for the particular recovery.
An Israeli judgment and an order directed at a person need to be considered alongside the requirements for recognition, enforcement or separate protective relief in the country where the asset is held. Prepare the documents and procedural steps required there.
Official international assistance in a criminal investigation operates through the competent authorities and applicable arrangements. Coordinate information provided to those authorities with the private civil work needed for the claimant’s rights and assets.
For a digital-asset transfer, preserve transaction identifiers, wallet addresses and exchange communications. A specialist can assess the available transaction record, the connections it supports and the additional information needed to identify a holder or custodian.
Where an exchange or other service holds relevant records or assets, examine its location, the person subject to the proposed order and the applicable disclosure or preservation procedure. Connect any tracing conclusion with evidence of control or ownership and the legal remedy sought.
Public asset-recovery policy and international developments are also covered by cifar.eu. For a private claim, organise the work around the actual cause of action, asset location and procedures needed to obtain an effective remedy.
Turn the claim into a practical recovery plan
Plan the legal claim, urgent measures, tracing, expert evidence and enforcement together. Set a budget for the stages actually required, including foreign counsel, court costs, security and professional work where relevant.
After judgment, identify the amounts or property ordered, the debtor’s assets and the appropriate enforcement process. For an Israeli money judgment, prepare the enforcement application and documents and track the required notice and subsequent measures.
Evaluate settlement against the evidence, available assets, cost and implementation risk. Terms should address payment, security, timing, any staged performance and the effect of non-payment, so the agreement can be carried through.
Our firm prepares asset-recovery claims, urgent preservation applications and corporate-liability arguments, and represents clients through litigation, negotiations and enforcement. We coordinate the evidence and cross-border legal steps around the assets and rights at issue.
Contact RNC Group’s Crisis Management Team We can review the transfers and available records, assess the immediate preservation needs and prepare a legal route for pursuing the property or compensation claimed.
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This article is for general information only and does not constitute legal advice. Laws and their application depend on the facts and jurisdiction and may change. Although we aim to keep this information accurate and current, we do not guarantee that it is complete or up to date. The article may contain omissions or errors. Reading this article does not create an attorney-client relationship with RNC Group. Before making a decision or taking action, seek advice from a qualified lawyer in the relevant jurisdiction.