As a business, you know only too well the seemingly challenging and complex nature of regulations and company related legislation. The onus is continuously upon you to ensure compliance, so that investigation and prosecution are avoided, particularly with the increasingly aggressive approach adopted by regulatory bodies.
Financial penalties for regulatory breaches and business-related crime are significant, as is the potential for reputational damage. There is a growing focus on corporate and environmental responsibility, and regulatory powers have scaled upwards for some years now, and there is no sign of this changing in the immediate future.
At Freemans Solicitors, we have an acclaimed team of business crime lawyers. We will provide robust, proactive advice to businesses and individuals across the spectrum of regulatory and corporate risk. Our core focus rests on protecting our clients by advising them on how to avoid regulatory investigations and prosecutions and, crucially, we are also able to offer an enviable level of skill in achieving exceptional outcomes where investigations and prosecutions are already underway.
Our Business Crime Services
Our highly talented business crimes defence team is made up of outstanding litigators and advocates and are a wise choice if your business would like advice on compliance, or is facing an investigation or a prosecution.
In December 2017, Freemans Solicitors was awarded the title of Business Crime Law Firm of the Year in the Lawyer Monthly Legal Awards. We have also been recommended in the leading legal directories of quality lawyers. We will provide first-class help across a comprehensive variety of issues.
Police Station Representation and Advice
Discretion and reputation management is key in a white collar crime investigation, where you have been invited for an interview/arrested. That is what you can expect from your business crime lawyer at Freemans. Our clients can draw maximum advantage from outstanding and highly personalised legal guidance and representation, with the intention of placing them in the best position going forward.
Business and Financial Crime
A business crime lawyer at Freemans Solicitors, can offer representation against the full range of financial crime offences, including allegations of corporate fraud, bribery and corruption, insider dealing and market abuse, tax fraud, money laundering and financial record keeping offences. The investigation that you are facing may have been started by one of a number of investigatory bodies, depending on the nature of the allegation. These include the Serious Fraud Office, (SFO), the police, Her Majesty’s Revenue and Customs (HMRC), The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). The SFO are able to prosecute as well as investigate. Cases investigated by the police and HMRC are usually prosecuted by the Crown Prosecution Service (CPS) The FCA is also able to prosecute, and will generally do so when the allegations that it is investigating relate to, for example, market manipulation and insider dealing.
If facing an investigation or prosecution we would strongly encourage early engagement with a business crime lawyer.
Proceeds of Crime
A financial crime lawyer at Freemans will represent corporate entities and individuals who are facing legal action under the Proceeds of Crime Act 2002. We have an in-depth understanding and experience of how the consequences of such action can play out and therefore focus our guidance on challenging the actions of prosecutors, subjecting them to rigorous analysis and putting them to proof on their allegations. We have an excellent record in securing extremely good results for our clients in this area.
Health and Safety and Trading Standards Prosecutions
If you are facing an investigation or prosecution by the Health and Safety Executive or your local Trading Standards, your defence will be significantly galvanised by engaging the exceptional expertise of the regulatory crime lawyers at Freemans Solicitors.
Motoring offence prosecutions have the potential to lead to real adverse practical consequences, even more so when there is a business related connection. We understand that your key objectives will always be to keep your licence, avoid prosecution and, as a commercial enterprise, protect your reputation. Our business crime lawyers offer outstanding diagnostic expertise and exceptional skill in advancing technicalities and/or mitigating circumstances with a view to achieving the best possible outcome.
HMO and Other Housing Act Prosecutions
As a landlord or agent, you will be more than aware of the complexities of Housing Act and HMO law. Compliance is an ever-challenging undertaking. Working alongside knowledgeable legal experts with an in-depth comprehension of this area of regulation will immediately act to reduce your risk and protect your livelihood. If you are facing an investigation, our regulatory crime lawyers will offer you strength in representation, using their expertise to help you defend charges and achieve the outcome you need.
Business Crime Frequently Asked Questions
What is ‘white collar crime’?
White collar crime refers to criminal conduct related to illegal acts of deceit and concealment with a view to obtaining services, property or money, or to secure commercial or professional advantage. White collar crimes are non-violent and committed within the work environment
What is ‘vicarious liability’?
This is something that can catch out even the most vigilant business owner. It refers to situations where someone is held to account for the negligence or actions of someone else. Employers can be held vicariously liable for crimes committed by staff in the workplace, but only if it can be proved that there is a sufficiently close connection between an employee’s wrongdoing and the employment to the point where it is reasonable to hold the employer liable.
Who at the company is at risk of prosecution following a business-related crime?
While this depends upon the specific legislation that applies to the prosecution, and the circumstances of the offence or regulatory breach itself, in general, it is the directors of a company and other senior managers and officers who may be prosecuted as individuals.
What is a ‘Deferred Prosecution Agreement’?
Deferred prosecution agreements (DPAs) have been in operation since 2014 courtesy of the Crime and Courts Act 2013. Their objective is to encourage openness and self-reporting following corporate criminal activity. A DPA makes it possible for the Crown Prosecution Service or the Serious Fraud Office to defer a corporate prosecution providing the entity being prosecuted agrees to comply with certain conditions, such as a financial penalty. The organisation will still be charged with a criminal offence, however, providing a judge decides that the terms of the DPA are ‘fair, reasonable and proportionate’, the proceedings are suspended, only recommencing if there is a breach of the terms.
Freemans Solicitors: Business Crime Law Firm of the Year
The Lawyer Monthly Legal Awards recognises the achievements of legal specialists who have demonstrated a proven track record in delivering results for their clients. In December 2017, Freemans Solicitors was awarded the prestigious title of Business Crime Law Firm of the Year in recognition of its work in this area of law.
For anyone seeking a serious fraud solicitor in London a financial crime solicitor, or regulatory crime lawyer, Freemans make an astute choice.
Strategic; highly dedicated to the welfare of its clients and recognised as a leading criminal law practice by the leading legal directories its business crime lawyers offer outstanding quality of advice and excellent representation to provide the reassurance you need
To discuss your case in confidence, please contact our business and regulatory crime team directly, always remembering that early advice can be crucial in securing the best possible outcome.