Let our specialist fraud solicitors guide you through every step of the fraud investigation process
If you or your business is currently being investigated for fraud, or would like advice in relation to fraud prevention, Primas Law’s experienced team can help. Our Business Crime Lawyers have significant expertise in defending the most serious and complex fraud matters, which are often cross-jurisdictional.
Fraud investigations can not only be incredibly disruptive to the day-to-day operations of your business, they can also create a significant impact to your organisation’s reputation. Our team of specialist solicitors can help to limit the impact a fraud investigation can have on your business, guiding you through the regulation process and how best to co-operate with regulators and authorities to ensure the best possible outcome for you and your business.
Primas’ team has advised both corporates and individuals through dawn raids, account freezing orders, arrests, detention and court proceedings.
If you would like a confidential discussion about your fraud investigation, speak to John Hartley on 0161 836 5287 or email john.hartley@primaslaw.co.uk.
Serious Fraud
Allegations of fraud within a business can emerge from many different scenarios and is an increasing threat in such a heavily regulated environment.
We are able to advise businesses and their senior management team in relation to their exposure to white collar crime and associated offences.
Our team has worked on matters relating to investment fraud, tax offences, insider dealing, sanctions breaches, false accounting and benchmark manipulation (LIBOR & EURIBOR).
John Hartley heads up Primas’ Business Crime and Regulation department and has more than 20 years’ worth of experience working across a broad range of legal matters.
Failing to Prevent Fraud
Under new legislation a company can now be found guilty for failing to prevent fraud if it benefited from such activity and did not have reasonable prevention procedures in place. It is essential that businesses take the necessary steps to ensure that their policies and procedures are adapted for this change.
Bribery & Corruption
John and his team have long established record in advising on bribery issues – both from a contentious and non-contentious perspective, including training. We can assist with internal investigations, compelled interviews and interviews under caution. We are also able to assist with both witnesses and suspects.
We are also able to advise on corporate liability under the Bribery Act where there may be issues of failing to prevent bribery being committed on behalf of the company.
Corporate Crime
Businesses are facing greater scrutiny from law enforcement and regulators than ever before. Any company can be investigated and prosecuted – often in tandem with directors, senior management and staff.
It is clear from the current raft of legislation that prosecutions are becoming easier to bring and are notably looking at “failure to prevent” offences in cases of fraud, bribery and tax evasion.
Primas has the experience to guide both the corporate and individuals through the complexities of such investigations.
Money Laundering & Proceeds of Crime
Primas Law has experience in representing businesses and individuals facing issues or investigations brought under the Proceeds of Crime Act. This is an ever evolving and highly complex area of law and it is essential to seek advice as early as possible.
We live and work in a world which is highly focused on preventing financial crime and money laundering. The burden on businesses and individuals to help prevent money laundering has never been greater – particularly for those operating in the regulated sectors.
However, the non-regulated sectors can also be seriously affected by the AML regime and can be caught by issues such as trademark infringements and selling counterfeit goods.
If you fail to comply with the regulations that apply to you or your business, this is a criminal offence. So, it is imperative to ensure that you are UpToDate and take the right advice at the right time.
We can advise on:
Insider Dealing
Our team have experience in dealing with matters concerning insider dealing and market abuse that are investigated by the FCA.
Data Protection Breaches
As businesses are expected to have robust procedures in place to protect personal data. It is vital the organisations are aware of their obligations as a result of any potential data breach as well as the complex issues which may follow.
Our team have the experience of dealing with matters that require reporting to the Information Commissioner’s Office (ICO) as well as assisting with any potential investigation that results from a breach. This can include both regulatory breaches and criminal investigations.
Modern Slavery
If your business is subject to the UK’s Modern Slavery Act, then our team can assist and advise on the relevant legislation and help comply with your Modern Slavery Statement requirements.
If you would like a confidential discussion about your fraud investigation, speak to John Hartley on 0161 836 5287 or email john.hartley@primaslaw.co.uk.
Primas Law’s business crime solicitors are experts in handing white collar business crimes, such as fraud. Our department is led by Partner and Head of Business Crime and Regulation John Hartley, who has over 20 years’ experience across a range of business legal matters relating to fraud, bribery and corruption, proceeds of crime, sanctions, financial services-related investigations and alleged regulatory breaches.
Our work has included investigations and prosecutions by the Serious Fraud Office (“SFO”), HM Revenue & Customs, the Financial Conduct Authority (“FCA”), the Crown Prosecution Service (“CPS”) and other law enforcement bodies such as Trading Standards and the Information Commissioner’s Office (ICO).
We are regularly instructed in relation to Proceeds of Crime Act and money laundering related issues and advise on Suspicious Activity Reports and Defences against Money laundering (DAMLS).
If you would like a confidential discussion about your fraud investigation, speak to John Hartley on 0161 836 5287 or email john.hartley@primaslaw.co.uk.
Fraud investigations of businesses can be conducted by various types of regulators, depending on the nature of the alleged fraud and the jurisdiction involved. Key types of regulators include:
The FCA regulates financial services firms and markets, investigating fraud related to banking, investments, and insurance. It focuses on ensuring transparency, fair practices, and protecting consumers from financial fraud.
The SFO investigates and prosecutes serious or complex fraud, bribery, and corruption cases in the UK. It typically handles high-profile or large-scale corporate fraud cases and can pursue both criminal and civil penalties.
The NCA targets serious and organized crime, including fraud affecting the UK economy. The NCA often works with other agencies like the SFO and FCA to investigate fraud cases with significant financial or economic impacts.
The CMA handles cases involving anti-competitive practices and market manipulation that may include elements of fraud. It ensures fair competition and protects consumers and businesses from unfair practices.
HMRC investigates tax-related fraud, including tax evasion, false reporting, and VAT fraud. They handle cases where businesses attempt to evade or underreport taxes, sometimes working in conjunction with other authorities for more complex fraud schemes.
The City of London Police is the national lead force for fraud investigations, particularly in financial crime. Its specialist units, like the Economic Crime Directorate, handle complex cases and often collaborate with other agencies.
This agency investigates fraudulent trading and director misconduct in companies that are insolvent or going through liquidation. They can pursue legal action to disqualify directors involved in fraudulent activities.
The PRA, part of the Bank of England, oversees banks, insurers, and major investment firms, focusing on financial stability and fraud within these institutions.
These agencies often collaborate on cases that involve multiple areas of regulation, ensuring a coordinated approach to tackling fraud within the UK market.
If you would like a confidential discussion about your fraud investigation, speak to John Hartley on 0161 836 5287 or email john.hartley@primaslaw.co.uk.
Bribery refers to offering, giving, receiving, or soliciting something of value as a means to influence the actions of an official or other person in a position of authority. This includes practices like kickbacks and pay-to-play schemes. As with tax evasion, a business can also be guilty when it fails to prevent an act of bribery from occurring.
Modern slavery is defined by Anti-Slavery International as when an individual is exploited by others for personal or commercial gain which results in a loss of their freedom, whether through trickery, coercion, or force. This exploitation includes, but is not limited to, forced labour, human trafficking, and debt bondage, and applies to any supply chain that a company owns or requires services from.
The Modern Slavery Act 2015 exists to give UK law enforcement the necessary tools to combat modern slavery effectively. Furthermore, the Act strengthens support and protection measures for victims.
Many UK businesses are required by law to publish a ‘slavery and human trafficking statement’, setting out the steps that they have taken to ensure slavery and human trafficking are not present in their business or anywhere in their supply chains.
If your business requires support with a slavery and human trafficking statement, contact our Business Crime and Regulatory team.
Money laundering is the process of concealing the origins of money obtained through illegal activities, typically by means of transfers involving foreign banks or legitimate businesses. If your business is regulated for anti-money laundering purposes then the rules are very strict as to what policies, procedures and training you must have in place. Failing to adhere to these regulations may carry severe penalties.
If your business requires support with a money laundering investigation, contact our Business Crime and Regulatory team.
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Are you ready for the new Failing to Prevent Fraud Offence?This important legislation comes into force on 1st September, and non-compliance could expose your business
John Hartley, Partner and Head of Business Crime and Regulation Primas Law shares his thoughts in the Compliance and Risk journal. In his authored piece,
