Corporate fraud and wrongdoing
The continuous introduction of more legislation and regulation of the commercial activities of companies and their officers – e.g. the Bribery Act, competition law, anti-money-laundering regulations, Proceeds of Crime Act etc – has seen a corresponding increase in not only the guidance and representation that our clients require in relation to regulatory investigations and prosecutions, but also an increased need for advice and representation in relation to the wide range of civil actions that might follow.
An allegation or suspicion of fraud can arise in any sector at any time and in virtually any context. You or your business might be a victim. You might be unjustifiably accused of being involved. You might be innocently caught up in the wrongdoing of another. You may have received money said to represent the proceeds of fraudulent activity. You may need to know whether you or your organisation is answerable for the actions of a rogue individual.
Many investigations may involve the application of both domestic and foreign law and the consequences are very likely to concern matters of both the criminal and civil law. Given the complexity of commercial life in the global market place these difficult cases are multi-faceted and demand the best of integrated professional services.
Civil claims might arise in respect of:
- breach of fiduciary duty
- breach of confidence
- dishonest assistance
- knowing receipt of monies
- proprietary claims
It is not only companies that may require assistance – their directors and in some cases senior managers might also find themselves personally exposed to civil claims for acts allegedly carried out by them on behalf of the company.
We regularly advise clients on the necessary risk management procedures to put in place to prevent such claims occurring, and also provide advice and representation in the event that litigation arises. Our knowledge of how fraud can arise, how it is detected and the courses of action that should or should not be adopted in its wake means we can offer the very best advice and training in preventative techniques. We know how to lawfully and effectively collect and analyse evidence using forensic techniques wherever that evidence is located and have vast experience in investigating fraud cases, mitigating the impact of misconduct and pursuing the full range of legal remedies. We can also trace and recover misappropriated assets anywhere in the world.
We regularly discreetly and effectively represent small, medium and large companies, institutions, public bodies, partnerships and individuals in high-profile, pressurised circumstances, whatever the legal context or scenario and deploy our skill and expertise in negotiating solutions at all levels.
We have strong relationships with suppliers of specialist IT and other legal support services and can quickly engage counsel, forensic technology experts, investigators, translators, forensic accountants, public relations consultants, prosecutors and foreign language document reviewers as required. Our long-standing membership of a global network of independent law firms means we can also quickly access advice and assistance world-wide.
We are happy to provide you with an initial assessment and recommend preliminary action on a fixed fee basis in order to provide you with certainty of cost.