Eversheds International

Fraud and Financial Crime

Fraud/tax investigations and prosecutions

The challenges

The legislation and regulation that has come into force in the last few years regarding fraud investigations has placed increasing burden on companies, who need to understand and comply with such provisions or risk serious criminal sanctions.

Bodies such as the Serious Fraud office, Revenue & Customs Prosecution Office, the Crown Prosecution Office, 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 can be very worrying for all concerned and time consuming. 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.

Many companies and their directors or officers face investigations by Revenue & Customs into their tax affairs. Such investigations can be complex and the powers used by Revenue & Customs to seek evidence can be extensive: search and seizure, document and information production, and interviews.

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 have regularly dealt 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 affect such investigations can have on companies and their staff and we have expertise in minimising such damage. We will put together a team best suited to your industry, who can quickly ascertain the situation and advise you in a clear and concise manner so that the matter can be dealt with quickly and effectively.

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

We have a dedicated financial services team able to advise on all criminal investigations conducted by the Financial Services Authority.