Breaches of corporate governance rules have serious consequences for a company and its officers. For companies, there is a risk of massive financial penalties, reputational damage and share price losses. Directors and Officers may have personal liability for which a conviction can lead to extradition and/or imprisonment. Investigations by government agencies (such as the Financial Compliance Authority (FSA), Department of Business Innovation and Skills, Office of Fair Trading or the Health and Safety Executive (HSE) or by prosecutors (such as the Serious Fraud Office, HM Revenue and Customs and Crown Prosecution Service), require an immediate and specialist approach.
Edward Hayes Business and Corporate Crime team specialises in all aspects of corporate crime, fraud, regulatory and compliance, advising international companies, their directors and employees on matters such as LIBOR manipulation, bribery and corruption, cartels, insider trading, extradition and mutual legal assistance, tax investigations, market abuse and Proceeds of Crime and money laundering. Advising companies and individuals requested to provide evidence to Regulators either voluntarily or under compulsory powers of the regulators;
- Establishing the status of companies and individuals involved in complex fraud investigations as either targets, subjects or witnesses
- Representation of those due to attend interviews under caution or interviews under compulsion;
- Dealing with investigations by overseas regulators, such as the US Commodoties and Futures Trading Commission (CFTC), US Department of Justice, US Securities and Exchange Commission.
- Advising clients in receipt of mutual legal assistance requests from overseas authorities as well as extradition proceedings from the US, Thailand, Mallorca, Spain, Poland, East Germany and Australia
- Managing the reputational risks arising from a regulatory investigation or prosecution;
- Conducting corporate internal investigations into allegations of misconduct;
- Assisting companies in making voluntary disclosures to the regulators (“self-reporting”);
- Working with companies in order to determine, review and improve their internal compliance proceedures
- Preparation and delivery of training programmes in the UK and Europe for businesses