Business Crime and Regulatory Law

Criminal or regulatory investigations can badly affect a company’s reputation and financial stability.

Investigations of a regulatory or criminal nature can badly affect a company’s reputation and financial stability. What’s more, they can be hugely damaging to any individuals involved.

Employees, including senior executives, and businesses as a whole can be prosecuted and fined for breaching business criminal law. If you, your business or your employees are being investigated for commercial criminal law offences or regulatory offences, our specialist business crime solicitors are ready to help.

Examples of White Collar Offences

White Collar crime describes financial, non-violent offences which are often linked to businesses. Examples of White Collar offences include:

• Fraud

Illegal and dishonest activities carried out by an employee or business to give themselves a financial advantage.

• Money laundering

Illegally concealing the origins of money made via criminal activities and reintroducing it into the financial system without paying tax.

• Tax evasion

Illegally avoiding or underpaying tax owed, or concealing money and assets to avoid being taxed properly.  

• Insider dealing

Trading stock or bonds using private, privileged information that has not yet been made public.

• Embezzlement

Theft or misappropriation of funds held either under trust or belonging to one’s employer.  

• Bribery and corruption

Giving or receiving money or something of value with the intention of unethically influencing a decision required to be made as part of a legal duty, whether under an employment contract or as a public official.  Businesses can also commit an offence for failing to comply with the Bribery Act 2010 by failing to protect your business from bribes and failing to have adequate procedures in place to prevent employees from bribing or being bribed.

• Market manipulation

Distributing false or misleading information to influence the market for personal, financial gain. 

Regulatory Offences

Businesses face an increasing amount of regulations to adhere to, and complying with them is a legal requirement. If a business or individual fails to comply with the legislation surrounding their industry or activities, they will be subject to a regulatory investigation. 

A regulatory investigation or prosecution for a potential regulatory offence can bring significant damage to your business, both in terms of cost (time and money) and reputation. It can also restrict your ability to submit tenders for future business if your client base includes public bodies. That’s why it’s vital to act quickly, efficiently and thoroughly to avoid prosecution and conviction.

Disqualification Orders and Undertakings

We have a wealth of experience in director disqualification proceedings following company insolvency. Such cases involve negotiation and defending applications by the Official Receiver or Liquidator under the Company Directors Disqualification Act 1986 for an order to disqualify someone from being concerned in the management of a company. Such orders are made at the discretion of the court. 

How Our Corporate Crime Solicitors Can Help

At Newtons, we are able to advise those companies under the threat of prosecution or those who are being prosecuted for breaching commercial criminal law.

Our specialist regulatory law solicitors are able to support a wide range of businesses across a variety of sectors. We can provide comprehensive advice at an early stage to help you minimise the risk of committing regulatory offences. We can also help you to strategically navigate a regulatory investigation, providing complete support from start to end.

As business crime solicitors, we have extensive experience advising and defending companies and individuals involved in corporate crime cases. This includes corporate crime cases where prosecutions have been brought by the Health & Safety Executive, Environment Agency, Office of Fair Trading, Trading Standards, police and other public bodies and agencies.

With such experience, we are highly confident and capable of offering practical advice that is tailored to you, your business and your circumstance. We will ensure you understand your legal rights and work hard to protect your and your business’ interests. We will also guide you through the entire investigation and, if it comes to it, the prosecution process, providing comprehensive advice at every step.

It is vital that you seek legal advice at an early stage, where possible, to help maximise your chances of a successful outcome and to best protect yourself and the company.

Avoiding Corporate Crime Cases

Our business crime solicitors can also advise on all aspects of corporate governance to ensure your business, its stakeholders and shareholders act in compliance with business criminal law.