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Introduction

The challenges

In today's economic climate many businesses are worried about fraud, white collar crime and corruption issues. A business may be the victim of fraud, perpetrated by employees, suppliers, customers or other third parties. Alternatively it may find itself under investigation by a regulator or law enforcement agency or in need of advice on compliance issues and corporate governance more generally.

In either scenario, it is essential that action is taken swiftly and decisively so that loss is minimised, assets are recovered, regulatory or criminal sanctions are avoided and a company's reputation is preserved.

How we can help

We have a dedicated team of experienced fraud lawyers who understand the civil, criminal and regulatory aspects of fraud investigations, with a fully co-ordinated approach across all disciplines.

Civil Fraud

On the civil side, we have helped clients trace and recover millions of pounds in misappropriated assets, often from overseas jurisdictions.  With court orders we can obtain information and records from banks and other third parties to help trace funds, we can search a suspect's premises to recover evidence and we can freeze bank accounts and other assets. Our aim is to work closely with clients to fully understand their aims, to  minimise the impact of fraud on their business and to maximise the prospect of asset recovery.

Criminal/Regulatory Fraud

On the criminal and regulatory side, we regularly assist companies who are being investigated or prosecuted for alleged regulatory or criminal breaches.  We also advise those businesses (often in the financial services sector) who find themselves the subject of disclosure notices or  fraud  interviews under compulsion. We can also advise on regulatory compliance and corporate governance to minimise the risk of damaging investigations or prosecutions.

How we have helped others

We have acted for clients who come from a wide variety of sectors including financial services, construction, utilities, transport, leisure & education. On the criminal and regulatory side we have also acted for individuals.

Civil  Fraud

• advising the liquidator of a financial services group on a $300m international fraud leading to emergency injunctions and asset tracing in a number of international jurisdictions.
• acting for the investors (and subsequently the liquidator) of a financial services business in a multi-million Ponzi scheme fraud.
  advising insurers on a wide range of fraud claims and recovery actions arising from policy claims.
• representing clients in a £75m fraudulent breach of duty claim.
• acting for the UK subsidiary of a US listed business on a $20m revenue recognition fraud and related claims and regulatory compliance issues.
• numerous employee fraud investigations for sums up to £25m including search orders, freezing orders and disclosure orders against relevant banks.
• advising clients in the financial services sector in responding to requests for information from the SFO, police and other investigators in connection with fraud issues.
• advising the respondents to a Search Order and Freezing Order concerning a £4 million claim by a software and computing manufacturer in relation to an alleged fraudulent counterfeiting operation.
• advice to an overseas financial institution in connection with a £100m+ cross border fraud and asset tracing exercise.

Criminal/Regulatory Fraud

• involvement in some of the largest investigations into bribery and corruption, including the investigation by the Serious Fraud Office into BAE and the Al Yamamah arms deal.  
• acting for a large company in the NHS price fixing investigation.
• advising a large insurer in an investigation by the Asset Freezing Unit into sanction violations.
• advising both individuals and companies on  FSA investigations into market abuse and insider dealing.
• advising and representing a lead defendant in the "Kieran Fallon" race fixing case
• advising and representing a chairman of a league football club who was investigated and prosecuted by HMRC.
• representing a businessman charged with an £85m VAT fraud.
• representing individual directors in investigations and prosecutions by the Department for Business Enterprise & Regulatory Reform.
• advising on the legality of loans and donations accepted by a senior politician.

Our team has successfully negotiated with various bodies to ensure our clients have not been dealt with criminally and we have offered compliance checks for those who want to avoid the chances of such a damaging investigation.

We have lectured and spoken publicly on the Political Parties, Elections & Referendums Act 2000, including appearing on Newsnight, Channel 4, Sky News and the BBC on the subject.