The introduction of corporate liability offences for failure to prevent certain types of crime (particularly in relation to bribery & corruption and tax offences), and the adoption of policies by investigating and prosecuting agencies where self-reporting or full co-operation can result in non-prosecution or a deferred prosecution agreement, means that it is often in the interests of a company and its directors to conduct its own internal investigations into wrongdoing as soon as there is suspicion of wrong doing or wrong doing is discovered.
It can often be the case that an effective internal investigation followed by meaningful co-operation with the authorities results in no criminal action being taken against the company (or its directors), or at least increase the possibility of a deferred prosecution agreement.
Our highly experienced lawyers are able to advise upon, and if necessary, conduct the sorts of internal investigation and corporate response necessary to protect the business interests. We are also able to liaise with the authorities on behalf of the company and directors, with a view to minimising the impact and negotiating the best possible outcome.
Our team understands the sensitivity of internal investigations, and the potential for reputational damage to individuals and businesses (as well as the risk of civil or criminal liability in the event of the discovery of wrongdoing). We have substantial experience advising clients on how to manage and minimise this risk.
Stokoe Partnership Solicitors is rated as one of the leading criminal defence firms for financial and white-collar crime by both of the main legal directories, Chambers and Partners and The Legal 500. We are also used to dealing with cases on an international scale across different jurisdictions, regulators and legal frameworks.
Our client was suspected of stealing over £5 million from his investment banking employer. It was alleged that funds were stolen over the course of several years. Our client was required to attend the company for a dismissal hearing but instead fled the UK. We made representations on our client’s behalf resulting in the company accepting his letter of resignation. We conducted further discussions with the company on our client’s behalf resulting in the company accepting that the money was considered as a loan and a Settlement Agreement was drafted between the parties for the repayment of the money.
20 Oct 2021
Fiduciary Duties and the liability to account: setting a proper limit
Partner Richard Cannon examines fiduciary duties, the divergence in outcomes between different jurisdictions and account of profits. This article was published on Lexology and can be found here. Fiduciary duties have a long history. Cicero, […]
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