Organised fraudulent activity is well funded and run by criminal enterprises. The extent of the problem is well known, as is the cost – hundreds of millions of pounds each year to the insurance sector. Horwich Farrelly are at the forefront of the fight to combat professional enablers and possess the tools to deliver the best results for our clients. Utilising a combination of experienced lawyers and market leading intelligence experts, Horwich Farrelly, in close collaboration with the police, have played a leading role in saving clients vast sums of money and bringing to justice the perpetrators.
A holistic approach
We have developed a system enabling us to use industry intelligence, and then crucially, taking the necessary steps of turning that information into evidence. We coordinate a holistic approach to fraud rings to track/contest the nest challenges and opportunities of organised enablers. Overseen by senior management, we ensure clients benefit from a high level strategic input, intelligence gathering and a close liaison with the investigation lead. As a result of our own exposure within the industry and large database from insurers we are able to offer bespoke strategies designed to isolate claims on their individual merits that work in tandem with wider aims, without prejudicing any ongoing investigations. Equally, we have approved standard claims investigations based on known MOs.
We are alive to fraudsters adopting new strategies and those organisations implementing the new scams. Horwich Farrelly continually covertly and confidentially disseminate Intelligence throughout the industry to assist in the fight against organised fraud, specifically in association with the IFB and IFID.
Key components of our proven fraud ring methodology are:
- Repudiation: If matters remain pre-lit once enquiries have been concluded/advanced sufficiently, the Manager will liaise with the insurer client to decide upon the content of a repudiation letter which will then be sent out on all appropriate cases;
- Regular updates: The evidence matrix is regularly reviewed by the manager who will liaise with the insurer/investigator to direct additional/supplementary enquiries as necessary.
- Early consideration of links: allowing cases that are obviously not part of the operation to be ‘dropped out’ quickly, and either settled or defended on an individual basis
- Intelligence team involvement: following an initial triage of each case the team works to identify further links, common factors and key attractors (e.g. credit hire company, individual, address etc.). This allows additional claims to be drawn in to the operation at any time.
- Central control: each suspect ring is assigned to an individual manager who takes the lead in the operation.
- Detailed investigations: both desktop and using specialist field investigators
- Developing a clear strategy: The manager for the operation, assigned Intelligence team member, insurer representative and investigator representative (if appropriate) will agree the strategy to apply. In litigated cases this will incorporate consideration of court deadlines, including how they will impact evidence gathering, and the consideration of additional proceedings (e.g. declaration proceedings).
- Agreed final decision: In litigated matters a conference will be held with the client and counsel no less than 6 weeks before trial to make a final decision to proceed.
- Post outcome sanctions: Following successful repudiation/defence each individual file will be considered for the potential to recover costs, apply further sanctions and/or initiate prosecution.