A well-known electronic technology company in the United States (the "US Company" or "client") disputed with a Hong Kong company for tort, as the US Company remitted its funds to the Hong Kong company's bank account in China ("Hong Kong Bank Account") due to email phishing, and the Hong Kong company accepted the funds. JunHe represented the US Company in initiating a civil proceeding against the HK company, eventually won a favorable judgment in Hong Kong High Court and further successfully enforced the judgment to recover most of the defrauded US Dollar funds for the client.
In this case, the US Company remitted two sums from the US into the Hong Kong Bank Account after receiving the scam email, making it a cross-border tort case governed by the laws of Hong Kong. After being engaged by the US Company, JunHe quickly mobilized partners and lawyers with extensive experience in the relevant fields in Beijing and Hong Kong offices to work together, coordinate and take a series of precise and timely actions in response to the objective needs of Hong Kong jurisdiction. Beijing and Hong Kong offices carried out thorough analysis and discussion and formulated litigation strategies; reported the case to the Hong Kong police on behalf of the client; notified the relevant Hong Kong bank; timely petitioned to the Hong Kong High Court for emergency hearings, requesting the court to issue an injunction to freeze the funds involved in the case; negotiated with the counsel of the Hong Kong bank on freezing the bank account in respect of the injunction and requiring the bank to disclose the flow of funds and account information of the Hong Kong company; initiated a civil action against the HK company after obtaining specific information from the bank. Through rigorous pre-trial preparation and trial statements, JunHe ultimately won the case at the Hong Kong High Court, thus recovering most of the clients' defrauded funds. In the process of the case, JunHe team, with their acute professional sense and careful investigation and preparation, also targeted another Hong Kong company that assisted the defendant to transfer the defrauded income of unjust enrichment, and promptly filed a lawsuit against it to protect the interests of the client to the greatest extent.
This case involves a large amount of money. Whether the defrauded funds can be successfully recovered largely depends upon whether effective measures are taken in a timely manner after the infringing acts take place. Our dispute resolution team took “combination blows” promptly by acquiring the information about the flow of defrauded funds, identifying of the infringer, and applying for freezing of funds, making us successfully safeguard the interests of the client in the first time. JunHe’s work was highly acclaimed by the client.
This is a typical case of cross-border infringement dispute in the background of email fraud. When dealing with this type of cases, the client should inform the remitting bank immediately after the fraud, contact the receiving bank through the remitting bank, and then report the case to the police. This case provides a typical solution for this type of tort cases, and is instructive for future practices. Our dispute resolution team's solid legal performance, strong teamwork ability, diligent and responsible work attitude, world-class quality, and efficient legal services have been acclaimed by the client and the legal community.