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Fraud & Asset Recovery Law

Acting quickly when you've been deceived

If someone has cheated you out of your money or property — whether through a scam, a business deception, or a fraudulent land dealing — or you have been accused of fraud, you do not have to face it alone.

How we help

We help people and businesses who have lost money to fraud, and we also advise people who have been accused of it. We can help you:

  • understand your options in plain language and decide what to do next;

  • send a formal demand for the return of your money;

  • start civil court proceedings to recover what you have lost;

  • apply to court for urgent orders — a freezing order to stop assets being moved, or a search order to preserve evidence;

  • trace where your money has gone;

  • liaise with the authorities, including the police Commercial Crime Investigation Department (CCID) and, in corruption matters, the MACC;

  • advise and represent you if you have been accused of fraud;

  • act in land and property fraud — for example a forged transfer, a fraudulent charge (mortgage), or someone dealing with your land without your knowledge — including lodging a caveat and applying to court to set the dealing aside.

Frequently Asked Questions

 

What is fraud, in simple terms?

Fraud is when someone uses lies, tricks or dishonesty to get your money, property or something else of value. Common examples in Malaysia include fake investment schemes, online shopping scams, and a trusted person misusing money they were looking after. If you are not sure whether what happened to you counts as fraud, a lawyer can help you work it out.

Is fraud a crime, or something I can sue for?

It can be both. Cheating and criminal breach of trust are crimes under the Penal Code, which the police and courts deal with by punishing the wrongdoer. Separately, you can bring a civil claim to try to get your money or property back. The same event can lead to a police case and a civil case at the same time.

I think I have been scammed online — what should I do first?

Act quickly, because the sooner accounts are frozen, the better the chance of stopping the money before it disappears. Call the National Scam Response Centre on 997 (a 24-hour line run with the police and Bank Negara Malaysia), tell your bank straight away, and lodge a police report. You can also report commercial fraud to the police Commercial Crime Investigation Department (CCID). Keep all messages, receipts and bank records.

Can I get my money back after being defrauded?

Sometimes, yes — but it depends on the facts, especially whether the wrongdoer can be found and whether they still have money or assets left. On the civil side, you can sue to recover what you lost, and the court has tools to help, such as freezing a wrongdoer's assets. Because recovery is never certain and time is important, it is wise to get legal advice early.

What is a freezing order (Mareva injunction)?

A freezing order is a court order that stops a person from moving, hiding or spending certain assets — for example, money in their bank account — until your case is decided. It is meant to help make sure that, if you win, there is still something left to recover. The court grants it only in suitable cases and where certain legal requirements are met.

What is a search order (Anton Piller order)?

A search order allows a person's premises to be searched so that important evidence can be preserved before it is destroyed or hidden. It is a strong measure that the court grants only in serious cases and under strict conditions. If you are worried that documents or records may be deleted, a lawyer can advise whether this is an option for you.

What is "asset tracing"?

Asset tracing means following the trail of money or property to find out where it went after it left your hands. This can involve asking the court to order banks or other people to reveal information that helps identify the wrongdoer or locate the funds. The sooner tracing begins, the better the chance of following the money before it is moved on again.

What is criminal breach of trust?

Criminal breach of trust is an offence under the Penal Code. It happens when someone who was trusted with money or property — such as an employee, agent or company director — dishonestly uses it for themselves. Cheating is a related offence, where someone dishonestly tricks you into handing something over. These matters can be reported to the police.

Is there a time limit for bringing a fraud claim?

Yes. Under the Limitation Act 1953, many civil claims must be brought within six years. For fraud, the time limit can start from when you discovered the fraud (or reasonably could have), rather than when it happened — but this can be complicated, so you should check your own deadline with a lawyer as soon as possible.

Someone has accused me of fraud — can you help?

Yes. Being accused of fraud is serious, whether it is a civil claim or a police investigation, and you have the right to respond and defend yourself. We can explain the accusation in plain terms, advise you on your position, and represent you. It is important to get advice before you say anything or sign anything.

Can someone fraudulently transfer or sell my land without my knowledge?
Unfortunately, land scams do happen — a fraudster may use forged documents or impersonate the owner to try to transfer, sell or charge (mortgage) a property. Under the National Land Code 1965, a registered owner's title is normally well protected, but there is an important exception: a title or interest obtained by fraud or forgery can be challenged in court. If you notice a suspicious dealing on your land, treat it as urgent and get legal advice straight away.

What can I do if my land has been fraudulently dealt with, and how can I protect it?
Act quickly. You can lodge a private caveat to help hold up any further dealings, and apply to court to set aside the fraudulent transfer or charge under the National Land Code 1965. How these cases turn out can depend on the facts — for example, whether the property has since been sold on to an innocent buyer — so they can be complex, and the sooner you get advice, the more can usually be done to protect your position. To lower the risk in the first place, keep your title and identity documents secure, be careful who you give copies to, and check your land records from time to time.

Fraud Claims & Asset Recovery Lawyers in Malaysia 

Cheated in a scam, business deal or land fraud in Malaysia? We help victims pursue civil recovery and freezing orders, and advise those accused of fraud.

Khaw Ewe Seng & Co.

04-2266212

605 & 607 (1st Floor),

Jalan Datuk Keramat,

10460 Georgetown, 

Penang, Malaysia

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