Corporate Crime
Businesses, particularly household names or firms in the regulated sector, are under greater scrutiny and are likely to be obligated to investigate or report allegations of financial or business crime.
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Sometimes businesses are contacted by law enforcement following whistle-blower reports alleging criminal conduct.
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There is a trend for corporates to be prosecuted, or to enter into a Deferred Prosecution Agreement (DPA).
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We are smart and highly regarded senior lawyers working at the cutting edge of the criminal investigations space. We have been involved at the sharp end of many important financial crime and regulatory cases of the last decade.
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Our lawyers have worked in private practice, in-house with financial institutions and with government and regulatory authorities.
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We have understanding and insight of how the police and prosecuting authorities such as the Serious Fraud Office, Financial Conduct Authority, HM Revenue & Customs, the National Crime Agency (NCA) and the Competition & Markets Authority operate and what their current priorities are.
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We give practical and strategic advice to limit the impact if you, your business or your senior executives or employees are at risk of or involved in a criminal investigation or prosecution. Our aim is to keep your matter, particularly if it is high profile or at risk of being reputationally damaging, under the radar if possible.
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We know and work closely with many other lawyers in the UK and co-counsel with overseas lawyers if there are cross-border investigations in other jurisdictions (in particular Europe and the US).
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Whilst we act for businesses, we often act for directors and senior executives who require separate ‘independent legal advice’ from their company.
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We also work closely with our regulatory and employment law colleagues – particularly when there are whistleblowing, internal investigation, disciplinary or resignation issues to advise on. If there is a public law issue to challenge, say by way of judicial review, we can represent you in those proceedings too.
How we can help
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Advise and assist you conduct an internal investigation
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Assist with notification and dialogue with law enforcement and regulators
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Advise on deferred prosecution agreements, the process and negotiation
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Defend a corporate if prosecuted
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Advise on remediation, compliance and corporate governance
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Co-counsel with in house and external corporate lawyers
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If your company is worried about the risk of potential criminal liability then please contact one of our team.
Our Experience
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Advised a UK regulated solicitors firm as to potential criminal offences committed by the firm and taking steps towards remediation, including the filing of a SAR.
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Advised a Greece based shipping company (with UK subsidiaries) as to potential criminal offences committed under the Bribery Act 2010.
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Acted on behalf of a UK company being investigated and prosecuted by the Trading Standards Institute.
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Acted in prosecutions brought by Companies House in respect of various offences under the Companies Act.
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Acted on behalf of a UK company, and its director, investigated and ultimately prosecuted by Trading Standards in respect of aggressive commercial practices. Successfully negotiated with the prosecution to discontinue the more serious criminal offence of blackmail.
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Advised corporates and company directors served with SFO compulsory information request ‘section 2’ notices in relation to ongoing criminal investigation.
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Advised corporates under investigation by the Health & Safety Executive (HSE) and police for corporate manslaughter, including attending interviews under caution with senior management.
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Defending prosecution of participating in a fraudulent business by Trading Standards. Acting on behalf of a farming business that owned multiple farms, accused of conducting a fraudulent business by submitting false and misleading information in relation to animals in order to make significant gains.
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Acted for company and directors in regulated business under investigation for alleged cross border bribery and corruption, failing to prevent bribery, money laundering and involvement with organised crime.
Contact
It’s important to get specialist advice as early as possible.
Get in touch with:
sarah.wallace@constantinelaw.co.uk
or
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jemma.sherwood-roberts@constantinelaw.co.uk
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and find out how we can help you.