Nicola Finnerty

Nicola is a leading criminal defence expert in white collar and business crime, general criminal defence, and proceeds of crime and asset forfeiture.

White collar crime, business crime, fraud and investigations

• Over the last 25 years she has been involved in many of the most high-profile, complex criminal and regulatory investigations and prosecutions, both in the UK and in matters which span jurisdictions.
• She represents high net worth individuals, multi-national corporate clients, financial institutions and professional firms in investigations and proceedings brought by all the UK enforcement agencies including the SFO, FCA, CMA, HMRC, NCA,  Food Standards Agency, the Environment Agency, the Gangland and Labour Abuse Authority (GLAA) and other prosecuting bodies.
• She also advises on matters relating to extradition and mutual legal assistance.
• Her expertise includes dealing with cartels, bribery and corruption, insider dealing, money laundering, fraud and director’s disqualification.
• She routinely advises on cross border and domestic investigations across a wide range of industry sectors including financial services, construction, property, telecommunications and mining.
• She conducts and advises in internal investigations and is regularly appointed as an independent legal advisor.
• She is ranked as a Leading Individual in the Legal 500, the International Who’s Who of Business Crime Defence Lawyers.
• She is a well-respected contributor to legal publications and is often quoted in the press on legal issues of the day.

Criminal defence and police investigations

• Nicola has a wider criminal defence experience, including rape and other sexual offence cases, drugs, violence, misconduct in a public office, blackmail, harassment and electoral offences.
• Her vast experience of representing suspects during the investigatory stage or while held in police custody and during police interview is often regarded as being key to securing a favourable client outcome.
• She has acted for many high profile individuals who have needed advice on criminal matters which potentially impact on their reputation and freedom to enjoy international travel.
• She sits as a Magistrate in London.

Proceeds of Crime and Asset Forfeiture

• Nicola advises on all aspects of money laundering under the Proceeds of Crime Act 2002 (POCA).
• She is regularly consulted by individuals and institutions in the regulated sector in respect of the Money Laundering Regulations 2017.
• She deals with all aspect of asset forfeiture, asset freezing and related proceedings.
• She is currently advising several investors (both individual and institutional) in respect of POCA and the legalisation of cannabis in Canada and various Universities as to money laundering protocols.
• She was part of a small group of practitioners who took part in the recent review by the Law Commission of the Confiscation regime.

Background

• Previously, she was a partner at Corker Binning for over 13 years (2000-2014) having started her career at Peters & Peters (1992-2000).
• In 2014 she was appointed by the Secretary of State for Justice to the Independent Monitoring Board at HMP Pentonville and by the Lord Chancellor as a London Magistrate.

what clients and directories have said

outstanding ability to guide clients through extremely stressful processes of investigation and prosecution... praised for her ability to manage large-scale complex litigation."

Chambers and Partners

"…a fierce defender who’s utterly client-focused"

Chambers and Partners

Nicola Finnerty is “Well established” and noted for being able to quickly pick up a case and “achieve results” without getting intimidated.”

Chambers and Partners

“Sources admire Nicola Finnerty for her “excellent client management skills,” “great understanding of the issues and ability to identify weak spots in the prosecution’s case.”

Chambers and Partners

Nicola Finnerty is applauded for the strong rapport that she builds with clients. Sources are impressed by her commitment, noting “her efforts to secure the right result were exceptional.”

Chambers and Partners

Nicola Finnerty garnered votes for her “sound commercial judgement “ and “client friendly manner”.

Who’s who legal, Business Crime Defence Lawyers

Nicola Finnerty is strongly acclaimed for her “fabulous tactical sense, and extremely good client skills.” She advised a high-profile peer in relation to the fallout from the UK parliamentary expenses investigation, and is also involved in major SFO prosecutions.”

Chambers and Partners

Nicola Finnerty’s “work rate is phenomenal” and she is “unflappable”.

Legal 500

…(Nicola) has arrived in a major way: the quality of her work is superb and she is very bright, with exceptional people and organisational skills.”

Chambers and Partners

…a practitioner with a wealth of experience; who leaves no stone unturned; her preparation and understanding is impeccable.”

Chambers and Partners

…excellent client management skills, great understanding of the issues and ability to identify weak spots in the prosecution’s case.”

Chambers and Partners

…immensely experienced” and “excellent.”

Legal 500

…applauded for the strong rapport that she builds with clients... her efforts to secure the right result were exceptional.”

Chambers and Partners

…Terrific with the most demanding of clients, incisive and tactically very astute”

Legal 500

…admired for her strong commitment to her client’ s best interest.”

Chambers and Partners

 

NOTABLE CASES

• currently advising a number of individuals in relation to investigations into alleged Competition Act 1998 infringements by the CMA and the FCA;
• presently instructed in a number of insider dealing cases being investigated by the FCA. She has acted in several FCA prosecutions for insider dealing (including Operation Tabernula – the FCA’s largest insider dealing case to date);
• represented individuals in relation to criminal cartel investigations by the CMA (and OFT) in various sectors;
• advised a high profile businessman in respect of an investigation by the NCA into alleged donor offences relating to the EU referendum – the investigation was discontinued following successful representations;
• advising an individual in respect of the high profile collapse of Russell Hulme;
• advising a corporate on a high profile investigation by the Environment Agency;
• acted for 2 people investigated by the GLAA in respect of allegations of modern day slavery. Following extensive representations the case was discontinued;
• acted in the first case prosecuted by the SFO under the Bribery Act 2010;
• advised a participant in the Leveson Inquiry;
• advised a number of suspects in Operations Weeting and Elveden (the police investigation into journalists for hacking and corruption);
• acted for a director of Madoff Securities International Ltd;
• acted for various clients in SFO investigations/prosecutions including R v Achilleas Kallakis, the high profile SFO prosecution in respect of Allied Irish Bank and HBOS;
• acted for a peer in the parliamentary expenses scandal;
• advised in relation to the LIBOR investigation in the UK and US;
• acted for professionals accused of fraud for criminal wrongdoing including a barrister cleared of VAT fraud and a London solicitor acquitted of a multi-million pound mortgage fraud;
• acted for a defendant acquitted of conspiracy to supply class A drugs;
• acted for Anne Darwin, in the 'missing canoeist' insurance fraud case.

 

PUBLICATIONS, PRESS HIGHLIGHTS, SPEAKING ENGAGEMENTS & BLOGS

• HMRC's record fine for money laundering breaches - January 2021
• Speaker at the Thoughts Leaders 4 event on FIRE Year in Review: A Year Like no Other - December 2020
• Speaker at The KNetflicks Alternatives webinar series - November 2020
• International Insights in Criminal Law Podcast Series: Episode 3, Extradition outside the EU - October 2020
• Criminal gangs steal £2bn through furlough fraud - Quoted CityAM, October 2020
• Cannabis and the UK investor - two years on - Wrote for Law360, October 2020
• Furlough Fraud - what about the other £2bn? - October 2020
• Is the grass always greener? The legalities of investing in cannabis for UK Investors - Wrote for Investment Week, October 2020
• City may face flurry of litigation after ‘FinCEN’ dirty money revelations - Quoted in The Times, September 2020
• Furlough fraud: the offences and sanctions - Wrote for Practical Law Company's employment blog, September 2020
• Clothing fibres can transfer without contact, study finds, posing issues for future criminal investigations - Quoted in The Telegraph, August 2020
• Fraudulent UK packaging waste exports leads to dumping - Quoted in Materials Recycling World, July 2020
• HMRC to clampdown on businesses that have abused the Furlough scheme - Wrote for Business Matters, July 2020
• Serious Fraud Office under fire over big investigation failures and lack of convictions - Quoted in The Times, July 2020
• The compulsory embrace of the art market by the UK's Anti-Money Laundering regime - June 2020
• Beware the hidden cost of furlough abuse - Wrote for SME, April 2020
• Nicola Finnerty presents at the Tuition Fee Fraud Summit: AML and Universities Sector, April 2020
• The (quiet) extension of the AML regime: an overview –  Compliance Matters, January 2020
• Crime agency gets record reports of suspicious financial activity - Quoted in Financial Times, November 2019
• The Fourth AML Directive - The current roadmap and possible changes to the AML landscape two years on, November 2019
• Money Laundering Bulletin article: Roadmap, November 2019
• Financial crime: Tax schemes and investigations - Quoted in Citywealth, October 2019
• Money Laundering Bulletin article: Roadmap, September 2019
• AML: HMRC flexes enforcement muscle to the tune of £7.8 million, September 2019
• 'Flipping defendants' – a new emphasis or a recycled aim? – Lexis Nexis (subscription required),  September 2019
• AML failure: Gambling Commission takes action, August 2019
• Is this the guidance on cannabis-based medicines we have all been waiting for?, August 19
• The cannabis industry is clearly in flux, June 2019
•  Crime agency in the dock over standard of expert witnesses - Quoted in The Times, June 2019
• The Draft Registration of Overseas Entities Bill - An Overview, May 2019
• SFO secures “largest seizures of its kind” using new asset forfeiture powers, April 2019
• EU Council Disowns Money Laundering Blacklist - Quoted by ACAMS Moneylaundering.com, March 2019
• Fraud in Packaging Recycling: Environment Agency is clamping down on ‘Waste Crime’, February 2019
• 2018: A year in review, Anti-Money Laundering, Tackling Illicit Finance, February 2019
• Routinely and aggressively pursuing money-laundering investigations: the verdict on the UK’s AML regime, January 2019
• Nicola Finnerty writes for E Financial News on money laundering clampdown, E Financial News (subscription required), December 18
• Corporate Crime analysis: What are the main provisions and implications of the new EU Directive on money laundering?, Lexis Nexis, October 2018
• Investigators eye up unexplained wealth , Quoted in The Times, October 2018
• Dirty money: why can't banks clean up their act?, Quoted in The Telegraph, September 2018
• 4MLD – a year in review, - Writes for Compliance Monitor, September 2018
• Canada relaxes cannabis laws: what this might mean for the UK investor, August 2018
• AML: reforming the suspicious activity reporting regime – have your say, July 2018
• Corporates in the spotlight: NCA and SFO confirm tackling money laundering a strategic priority, July 2018
• The FCA Annual Report 2017-18: Anti-Money Laundering takes centre stage, July 2018
• The focus on money laundering is ramping up, - Economia, July 2018
• Sentencing guidelines - acting as a director whilst disqualified, June 2018
• Bribery Act 2010: under scrutiny, June 2018