Corruption and Bribery
Corruption and Bribery
Corruption and Bribery
The legislative landscape on corruption and bribery has undergone significant changes in recent years with the introduction of the Bribery Act 2010 in 2011. Global pressure for stronger laws has resulted in this legislation. A corruption or bribery allegation can be extremely damaging to an individual or company. Our legal experts have vast experience in defending these types of allegations, including serious fraud.
The Serious Fraud Office places a great deal of emphasis on combatting bribery and corruption by encouraging self-reporting as an alternative to bearing the consequences of a criminal conviction. The City of London Police Insurance Fraud Enforcement Department (IFED) has recently utilized the Bribery Act to tackle insurance fraud. Companies must ensure that they have taken adequate anti-bribery measures to prevent such actions which can help provide a defence.
Bribery Act
The provisions of the Bribery Act can heavily impact businesses, both large and small. The act covers various offences such as failure to prevent bribery, which is an offence committed by a company unless it can prove that it had taken adequate measures to stop such misconduct. Senior officers of a company can also face prosecution in case of bribery offences that they were involved in. Additionally, bribing foreign public officials with an aim to gain or retain business is also an offence.
It is prudent to be mindful of corporate hospitality as it can be a risky area. Facilitation payments demanded by officials can also result in prosecution. The Serious Fraud Office has deployed significant resources to bribery cases. Entities associated with them who believe that they may have been involved in bribery or corruption can self-report and negotiate a Deferred Prosecution Agreement (DPA).
Dawn raids can also be carried out by investigating authorities, and McArthur Solicitors have extensive experience in dealing with these cases.
At McArthur Solicitors we understand the turmoil of a corruption and bribery conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for corruption and bribery charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Dawn Raids
Dawn Raids
Dawn Raids
If you or your company is subject to a "dawn raid," it is advisable to seek legal advice immediately. We offer a 24-hour service, and if the visit is ongoing, we can provide practical advice and attend your premises immediately to safeguard your interests.
Unannounced visits by investigatory bodies like the police or HMRC can be a distressing experience that could cause severe disruption to the lives of individuals and businesses. The term "dawn raid" usually refers to an unannounced visit from an investigator, such as the Serious Fraud Office, the Financial Conduct Authority, Trading Standards, or the Health and Safety Executive. They operate under court-granted powers and statutory authority that permit them to seize material relevant to an investigation. Search warrants can be executed on not only the premises of the subjects under suspicion but also third-party properties that may not be under investigation.
How can McArthur Solicitors Help?
In the event that an individual or their business becomes subject to a dawn raid, it is imperative that immediate action is taken to secure appropriate representation. Our proficient legal team can swiftly verify the legality of the visit in conjunction with investigating parties' orders. Furthermore, we can facilitate and observe the search and establish expeditious communication with the investigators.
We specialise in crisis management and can provide guidance on addressing media and addressing any client or employee predicaments that may arise following the search. If material obtained during the search is subject to legal privilege, we can offer advice on how to proceed accordingly.
Moreover, where relevant, we can take measures to retrieve seized materials and further advise on Restraint Orders that may arise from the raid. According to the Police and Criminal Evidence Act 1984, we can demand that documentation be replicated or obtain copies of seized materials.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Defending allegation of Furlough Fraud
Defending allegation of Furlough Fraud
Defending allegation of Furlough Fraud
Our proficient business crime team can provide extensive aid to individuals and companies accused of various forms of fraud, including furlough fraud. We offer guidance, support, and representation, ensuring that your defence is robust and effective. Our services also extend to representing businesses and individuals appealing against HMRC determinations. In such instances, we assist in recovering overpayments by civil enforcement.
How can McArthur Solicitors Help?
We collaborate with our clients, providing the best possible legal advice to facilitate a strong defence. As fraud cases and HMRC appeals are multifaceted in nature, we often engage financial service experts, accountants, forensic computer specialists, media law advisers, and reputation management consultants to build the strongest possible defence case.
To optimize your chances of success, it is essential to seek our legal advice as soon as you are notified of an investigation. However, we are available at any point to provide guidance and representation.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Financial Conduct Authority (FCA) Investigations
Financial Conduct Authority (FCA) Investigations
Financial Conduct Authority (FCA) Investigations
It is important to understand the role of the Financial Conduct Authority (FCA) in regulating financial services. The FCA serves as the watchdog for financial services in the country, and is vested with the authority to launch criminal investigations and seek account freezing and forfeiture orders. Additionally, it often employs a 'dual track' approach by combining regulatory and criminal investigations to ensure compliance with its guidelines.
It is significant to note that the FCA has the power to investigate both organisations and individuals that are within those organisations. It is not necessary for organisations to be authorized by the FCA to be subjected to investigation. The scope of FCA's investigations includes allegations relating to money laundering, market abuse, insider trading, misleading statements, and activities involving the promotion of collective investment schemes. Regulatory breaches by organizations and individuals also fall within the purview of the FCA.
Therefore, it is important for individuals and organisations in the financial services sector to comply with the guidelines and regulations established by the FCA to avoid investigation and potential legal ramifications. Legal advice from a qualified defence solicitor can assist in ensuring compliance and mitigating any legal risks.
How can McArthur Solicitors Help?
McArthur Solicitors provides a comprehensive overview of the FCA investigation process to the clients and assist them in anticipating the course of events. We update the clients regarding any progressions that take place during the investigation, using a comprehensible language to evade confusions. Our legal representation in FCA talks reduces the burden on clients, instilling a sense of security and peace of mind that a seasoned defence solicitor is working towards their best interests. Keeping clients informed helps assuage any anxiety they may have.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
HMRC Investigations
HMRC Investigations
HMRC Investigations
If you are facing investigation by HMRC, our skilled tax investigation solicitors can provide confidential and affordable advice and representation. These investigations can come in many forms for businesses and individuals, but our team at McArthur Solicitors is equipped to help you through all of them, including VAT inspections, COP 8 and COP 9 investigations, criminal tax investigations, tax evasion and avoidance cases, and offshore tax evasion and avoidance.
How can McArthur Solicitors Help?
HMRC is a powerful investigative entity with the authority to initiate civil tax investigations or criminal tax investigations when there is suspicion of tax evasion, underpayment, or fraud. Civil tax investigations are typically conducted for significant cases and may involve artificial tax arrangements or avoidance schemes used to evade tax. Where serious tax fraud is suspected, HMRC may opt to handle the investigation civilly. However, if subsequent investigations reveal more serious criminal tax evasion, the civil tax investigation may be upgraded to a criminal tax investigation.
Our team of specialist tax investigation solicitors and fraud lawyers has extensive experience in advising and defending clients facing all forms of HMRC investigations and inquiries, including tax fraud investigations, HMRC fraud, tax inquiries, criminal tax evasion, and civil tax investigations. For confidential advice on any tax investigation matter, speak to us today.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Insolvency Service Investigations and Prosecutions
Insolvency Service Investigations and Prosecutions
Our team specialising in regulations has extensive experience in providing consultations to businesses on investigations conducted by the criminal enforcement team of the Insolvency Service. We can also help minimize any negative impacts on your business.
The criminal enforcement team aims to tackle fraud related to insolvency and corporate misconduct by investigating and prosecuting violations of Insolvency and Company Law, with the objective to prevent such fraud in companies and bankrupts. They have the authority to request specific documents and information from your company, which can be copied by an investigator appointed by them. If your company fails to comply, the investigator may obtain a search warrant and conduct a search of your premises with the assistance of the police to seize relevant company documents. In minor cases, they may issue a warning to a company director and request them to rectify any issues that are uncovered.
How can McArthur Solicitors Help?
The Companies Investigations Branch can be navigated with the aid of our knowledgeable attorneys. We can identify the requested details and collaborate with you to evaluate the actual concerns. Furthermore, we can aid you in mitigating any dangers that may be faced by you or your company.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Money Laundering
Money Laundering
Serious Fraud Office (SFO) Investigations
Serious Fraud Office (SFO) Investigations
If you or your company is under investigation by the Serious Fraud Office it is essential that you contact a specialist law firm with experience of dealing with large scale, complex fraud cases.
The SFO investigates cases involving serious or complex fraud, bribery and corruption. These cases often involve high financial loss, significant economic harm, a strong public interest and may often undermine UK PLC’s commercial or financial interests in general and the City of London in particular.
Serious Fraud Office
In April 2024, Nick Ephgrave, Director of the SFO, set out the SFO’s five-year Strategy. He places emphasis on a stronger more dynamic and pragmatic organisation, one which is capable of enhancing the UK’s reputation as a ‘safe place to do business’.
The vision contained within the Strategy is to ‘specialise, collaborate and innovate to lead the fight against serious fraud, bribery and corruption’.
The criteria for the SFO taking on a case
The SFO will take on large economic crime cases. This may be any case which, in the opinion of the Director appears to involve serious or complex fraud, bribery or corruption. The Director will take into account the actual or intended harm that may be caused to the public or the reputation and integrity of the UK as an international financial centre on the economy and prosperity of the UK. He will also consider the complexity and nature of a suspected offence and whether it warrants the specialist skills, powers and capabilities of the SFO.
Not only do the SFO have a different approach to intelligence gathering during the “pre-investigation” stage with regard to Section 2 powers (see below), they also have a different approach to investigation and prosecution. A non SFO case will be investigated by police officers and then prosecuted by lawyers. At the SFO, the Director, investigators and lawyers all work together from the outset with no separation of function.
Deferred prosecution Agreements
The Director of the SFO may consider a deferred prosecution agreement, which is an agreement between the SFO and the organisation which could be prosecuted and which is supervised by a judge. It allows a corporate body to make reparation for criminal behaviour without the damage of a conviction. It must be in the interests of justice and the terms must be “fair, reasonable and proportionate”. These agreements are intended to be transparent.
The SFO and Assisting Offenders Legislation
A stated aim of the SFO in 2024 and beyond is to make greater use of ‘assisting offenders’ legislation. Director, Nick Ephgrave is on record as saying that the SFO not making sufficient use of the Serious Organised Crime and Police Act 2005 provisions in respect of provisions for immunity, undertakings, agreements for plea and reduction in sentence and those for sentence review (sections 71-74 SOCPA). We can advise clients on these provisions.
Section 2 Interviews and Notices
We advise clients required by the SFO to attend a compulsory interview under Section 2 of the Criminal Justice Act 1987 and those required to produce documents (Section 2 Notices).
How can McArthur Solicitors Help?
Our experts in the field of fraud possess extensive experience in safeguarding against investigations and prosecutions that are initiated by the Serious Fraud Office. Our reputation is built on our proactive approach towards intricate investigations. Prior to a cautionary interview, we strive towards acquiring thorough disclosures from the investigators of the Serious Fraud Office by meticulously constructing a defence strategy on behalf of our clients.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.