Investigations

"They're one of the firms that is right at the top of the scale. They're very experienced in handling the big cases. They're extremely well resourced and I've never had anything other than a good experience with them."

Chambers UK 2020 - A Client’s Guide to the UK Legal Profession

Kingsley Napley made its reputation on its outstanding criminal defence work and our modern white-collar practice is built on those foundations.

Whether advising corporates or individuals caught up in criminal or regulatory  investigations to conducting internal investigations  for companies or advising individuals affected by internal investigations, we help our clients steer a course through the legal, regulatory and reputational challenges such situations present.

From suspected fraud, corruption, tax evasion or regulatory breaches to allegations of sexual misconduct or human rights abuse, our broadly-based criminal and regulatory practice gives us the experience needed to provide our clients with the best strategically-sound and practical advice.

Internal Investigations

It is often a business, rather than the police, SFO or FCA, that begins an investigation.  The internal investigation has become an increasingly common feature of the UK corporate landscape.

A whistleblower alert, a discrepancy thrown up by internal audit or a query raised by a supplier or customer may each point to potential criminal activity or a regulatory breach, meaning that an organisation needs to discover the facts.

How this is handled can have significant legal, financial and reputational consequences.  We are adept at managing all aspects of an internal investigation – from agreeing its necessary scope to managing the technical and legal pitfalls of data collection and then conducting interviews, whether in person or remotely. We can also give you the advice you need on whether and, if so, when to report to relevant authorities and we have the experience to help you manage the resolution stage.

We can assist with discreet, focused exercises to large-scale and high-profile international investigations.

Find out more about how our internal investigation lawyers can help.

Corporates

Investigations into corporates raise complex questions of criminal law and regulation, and present the company with a raft of commercial, employment and reputational issues to confront. Drawing from across the firm, we have the skills and experience to provide the company with the advice it needs to manage the situation in the round.

Unlike individuals, companies can sometimes resolve criminal investigations into financial matters and avoid a conviction by way of a deferred prosecution agreement.  Our lawyers have negotiated such agreements, and we can advise you on how best to secure one if that is in your company’s best interests.

Find out how our specialist corporate crime lawyers can help.

Individuals

Individuals caught up in investigations also require expert advice before they respond to requests by their employers or investigative authorities for the provision of information through interview. 

Whether being called as a suspect or witness, it is essential to have advice from specialist advisers to protect your interests whatever the wider context.

Our lawyers have advised in hundreds of interviews on a myriad of matters. From investigations into #MeToo issues to suspected financial irregularities, we can offer expert advice on the complex issues that frequently arise.

Find out how our specialist investigations lawyers can help.

Dawn raids and search and seizure

The first indication of a criminal investigation can be a so-called dawn raid, where the police or other enforcement agency officials arrive at domestic and business addresses, often first thing in the morning.  Officers may be there to arrest individuals or to search for, seize and retain material relevant to their investigation. 

We are used to dealing with unexpected and rapidly-developing situations and can advise while the raid is on-going, on the lawfulness of the action and possible legal challenges, as well as on the progression of issues after the event.

Find out how our dawn raid  and specialist search and seizure lawyers can help.

 

Compelled Interviews and Interviews under caution

Whatever the investigation, anyone called for interview needs good advice. We have a real depth of experience in this work, and can give you the advice you need. We advise on all types of interview – whether conducted by the police, SFO, FCA, HMRC, CMA, HSE or other enforcement agencies, or by an individual’s own employer or lawyers retained by them.

Suspect or witness, how the interviewee responds to questions can lead to criminal or regulatory repercussions for the individual concerned and/or their employer organisation. Their professional reputation and career may also be impacted. Interviews are serious matters.

Find out how our specialist investigations lawyers can help.

 

Our approach

No situation is ever the same yet we have the skills to assist.  Whether matters are high profile or conducted behind closed doors, we apply our experience and judgment to navigate difficult issues involving potential criminal behaviour or regulatory breach.

We provide strategic and pragmatic criminal defence advice and can bring in colleagues from other departments at the firm as necessary to ensure employment, regulatory and reputation management issues are fully considered and all areas of risk are covered.

We also have a trusted network of international lawyers whom we can call on and work closely with on cross-border matters.

For more information please contact our specialist investigations team.

What clients and directories say

Bright and dedicated lawyers."

Chambers UK 2021

Leading practice in the representation of individuals in regulatory investigations or enforcement actions, drawing upon significant strength in employment, criminal and white-collar law to offer a complete service in the area. Highly experienced in cases involving issues such as insider trading and mis-selling of products. Also assists individuals under investigation for alleged market manipulation and anti-competitive behaviour."

Chambers UK 2020 – A Client’s Guide to the UK Legal Profession

They have a sensational client list and do some big cases."

Chambers & Partners, High Net Worth Guide 2019

The Criminal Litigation department at Kingsley Napley LLP continues to hold its own against the Magic Circle firms."

Legal 500

Their strength lies in their meticulous attention to detail and the intelligence of the individuals employed by that firm. I could not imagine a better law firm."

Chambers and Partners, 2018 

The first rate team at Kingsley Napley LLP is efficient, strategic, committed and able to handle the most complex of criminal cases as well as more general crime cases."

Legal 500 UK 2019

 

Investigations Insights

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News

Brexit deal: UK takes step back in cross-border enforcement - Louise Hodges quoted in GIR

Alun Milford, Caroline Day, Áine Kervick & Phil Salvesen contribute to the International Comparative Legal Guide: Corporate Crime 2021

Getting The Deal Through: Alun Milford & Áine Kervick discuss Anti-Corruption in the UK

Jill Lorimer quoted in various sources following FCA decision to ban three financial professionals for non-financial misconduct

Criminal gangs steal £2bn through furlough fraud - Nicola Finnerty quoted in City AM

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Blogs

FCA sets expectations for firms to record communications when working from home

HMRC’s record fine for money laundering breaches

The UK assumes responsibility for its sanctions policy

Pension Fraud: first confiscation order secured by The Pension Regulator

Rise in Cum-Ex investigations across Europe: Cum-Ex trades explained

Another Civil Recovery Settlement: SFO v Julio Faerman

The Holiday is Over: Will the FCA’s efforts to support homeowners after the mortgage payment holiday be enough?

Non-financial misconduct is misconduct, plain and simple

Civil or criminal proceedings for serious fraud?

Deferred Prosecution Agreements - New SFO Guidance

Crown Censure for the MoD after health and safety failings

Furlough Fraud - what about the other £2bn?

Coronavirus business loan scheme fraud

Fitness and propriety investigations: practical considerations

FCA issues new guidance on fitness and propriety assessments in the financial services sector

Companies in hot water: environmental performance deteriorates further

Tax advisers beware - avoidance is the new evasion

Insolvency interviews in the context of suspected criminal or regulatory misconduct

On its way: The UK-US Bilateral Data Access Agreement

Mutual Legal Assistance in action - Met Police raid London addresses at request of Brazilian authorities

Beware the hidden cost of furlough abuse

Mutual Legal Assistance and the US: a more anxious case than usual

Insolvency Service investigations into trading companies

Fraud in the time of COVID-19

In-house lawyers and general counsel take note: will your communications be privileged?

Fast-track electronic evidence gathering from overseas – One step closer

The Corporate Offence of Failure to Prevent the Facilitation of Tax Evasion: Two years on

SFO v ENRC: what did the Court of Appeal decide and what does it mean for lawyers?

New powers to gather electronic evidence from overseas agreed

Search warrants at banks in the UK: what you need to know

New police training indicates authorities believe cryptocurrency is here to stay

The SFO’s privilege battles reaches the Court of Appeal

Search Warrants: the case for reform – costs

Litigation privilege: the Court of Appeal endorses ENRC

The European Investigation Order – belatedly in force

Privilege, Confidentiality and the Challenge of Modern Technology

Reports call for higher standards of disclosure in criminal proceedings

The Trial: A Murder in the Family – The Evidence

Brexit and the general election – UK misses implementation deadline for European Investigations Order Directive

HMRC continue to clampdown on aggressive tax avoidance schemes

SRA NOT SFO: Professional obligations and s2 interviews - Law Society says do not compromise

Police Bail - Funding essential to promote real change

Anti-money laundering and social responsibility: keeping the Gambling Commission at bay

£1.9 bn investment in Cyber security: Government ramps up fight against cybercrime

Home Office desire for new anti-money laundering powers ahead of Anti-Corruption Summit

Mutual Recognition, Mutual Trust? Detention conditions and deferring an EAW

2016-17: Tackling financial crime and ensuring AML compliance a UK and FCA top priority

Launch of Office of Financial Sanctions Implementation: understanding, implementing and enforcing sanctions

National Cyber Security Centre launched: seeks to be authoritative voice on information security

Lack of data means doubts remain over efficacy of Stop and Search

Tackling Tax Evasion – Finance Bill establishes new criminal offence

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