Eversheds International

Fraud and Financial Crime

Investigations by prosecuting authorities

The challenges

In recent years there has been an increase in legislation and regulation which, if breached, imposes serious criminal sanctions both on individuals and companies.

Bodies such as the Serious Fraud Office, Revenue & Customs Prosecutions Office, the Crown Prosecution Service, the Financial Services Authority and The Department for Business Enterprise & Regulatory Reform can execute search warrants, seek documents and statements from employees and interview both under compulsion and under PACE caution.

The Fraud Act 2006 contains offences whereby company directors and officers can become liable for the offences committed by the company. The Boardroom needs to be aware that personal liability exists and that such liability can bring with it serious criminal sanctions including imprisonment.

Fraud investigations are always a matter of grave concern to businesses. They bring with them the threat of bad publicity and great uncertainty which can severely affect the morale of the business, its value and its future plans.

How we can help

Our team has extensive experience in all types of fraud investigations from initial search warrants and interviews, through to court proceedings.

We have been involved in some of the most high profile fraud investigations and regularly deal with bodies such as the Serious Fraud Office, Revenue & Customs Prosecution Office, the Crown Prosecution Service and the Department for Business Enterprise and Regulatory Reform.

We understand the damaging effect such investigations can have on companies and their staff and we always seek to minimise such damage. We will put together a specialist team with relevant sector knowledge to deal with all aspects of the investigation for you.

We can advise on the disclosure requests made to a company and on the procedure for compelled interviews and interviews under caution.