August 2013 – Announcement

In late 2012, a foreign multi-national heavy equipment broker retained Billington Barristers to pursue a fraud claim against a sub-broker located in Alberta. The fraudster employed a variety of schemes, such as shipping damaged or used equipment instead of the remanufactured items that our client had ordered, to defraud the client of a substantial amount of money. The fraudster’s actions also harmed the heavy equipment broker’s reputation with its long-standing customers.

The customers of our client carried on operations in remote third world locations, and there was considerable lag time between the date equipment was ordered and paid for by the client and the date that it was delivered to the client’s customers work sites for inspection. The fraudster altered documentation and provided false shipping information in order to further delay discovery. This was a complex fraud that involved some 100 transactions carried out over a period in excess of 2 years. The documentation was extensive, and the witnesses resided in several different U.S. states as well as overseas.

Billington Barristers was successful in obtaining a Court Order freezing the assets of the fraudster and his corporation. After securing the assets and restricting the fraudster’s ability to carry on business, settlement discussions were conducted. This resulted in the successful recovery of damages from the fraudster, the fraudster has ceased business operations, and because of the settlement our client has been able to conclude this matter without the delay and expense of trial.

Billington Barristers has significant experience in fighting fraud, and the firm is pleased to have successfully concluded this claim.