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Acting to stop harm: the FCA and Appointed Representatives
James Alleyne
We frequently act as independent lawyers (often called Independent Legal Advisers (ILA) because we are not connected to the prosecution) for witnesses in criminal investigations conducted by the Serious Fraud Office (SFO), Financial Conduct Authority (FCA), police and other investigating and prosecuting authorities.
We are familiar with the powers of these agencies, some of which allow agencies to compel witnesses to attend interviews, and can advise on the options available to you as a witness.
We act for witnesses in both small and large scale investigations. Some of the larger fraud cases start with an internal investigation conducted by an employer or ex-employer. We are experienced in advising witnesses at this early stage, but with the experience and knowledge to help you understand the wider issues and where the investigation may lead. We can liaise with the employer whilst acting in the best interests of the witness at all times.
We can help obtain disclosure of materials in advance of any interview and will review and analyse that material in order to make sure that a witness gives their best account to the authorities and avoid mistakes and confusion which could be used to undermine their account should the witness be called to give evidence.
We frequently represent witnesses where multiple agencies wanting to investigate the same facts, for example the SFO criminal offences and the FCA looking at regulatory breaches. Many of the cases involve global investigations where we work with advisers from other jurisdictions.
Witnesses may be eligible to have their legal fees paid for during an investigation. We can advise on those options and liaise with the funding body on behalf of the witness.
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