BCL’s top-ranked specialist business crime team is instructed in many in the UK’s most complex and high-profile criminal and regulatory investigations. We conduct internal investigations on behalf of corporates and other organisations concerned about potential criminal or regulatory breaches and in response to enforcement / regulatory authority investigations.
Our expertise in internal investigations covers the full range of BCL’s work profile from fraud, bribery and corruption, tax, cartels and money laundering – including international and multi-jurisdictional investigations – to fatal accidents and regulatory breaches. We have extensive internal resources and, where necessary, we also form multi-disciplinary teams of forensic accountants, forensic data specialists, experts and foreign lawyers.
Instructing an independent external law firm without a significant existing relationship can be essential to ensure the credibility of an investigation. As market leaders in Corporate & Director Liability, we will undertake an independent privilege-protected internal investigation and provide critical strategic advice from the outset to best protect your organisation and senior officers from exposure to criminal liability.
Deferred Prosecution Agreements (“DPAs”), which can be offered to “co-operating” corporates including in relation to offences of fraud, bribery and money laundering, makes the approach to the internal investigation more important than ever. To be eligible for a DPA, the corporate will have to decide within a very short period whether and how to self-report. However, DPA’s have uncertain advantages, and deciding on the right approach for your company will require lawyers expert in corporate & director liability to identify potential offences, how those offences could be proved in law, and the likely difficulties which any law enforcement agency would in practice face in bringing any prosecution.
We also advise organisations on risk management and the establishment of appropriate procedures and controls to minimise business crime risk and to ensure compliance with the ever increasing regulation of organisations and financial institutions, whether in relation to financial crime or corporate manslaughter and health and safety.
