BSB Solicitors have an extensive history of handling investigations and prosecutions involving allegations of business crime. If you are being charged or investigated, it’s imperative you obtain legal assistance as soon as possible. Our specialist team of experienced criminal defence lawyers are on hand to help with any stage of proceedings.

These are more often than not complex matters, which are difficult to navigate without specific knowledge of the law and procedure. Our team can help you to decipher information being presented, deal with the various bodies conducting investigations, and prepare your defence if necessary.

If we can help, contact us as soon as possible and we’ll be happy to discuss any aspect of your case.

Business Crime Investigations

Cases often begin with internal investigations and the regulatory self-reporting of concerns to the authorities. In such internal investigations, a corporation may self-report in an effort to limit culpability, and distance themselves from culpability, resulting in focus towards specific individuals or areas.

In other cases, criminal investigations are started by various government or law enforcement bodies. These can begin without notice, with dawn raids and the freezing of assets or business operations. In any situation like this, you need legal help to manage proceedings and avoid self-incrimination.

As is the nature of corporate crimes, there is almost always a significant amount of documentary evidence and data for the authorities to consider. Managing these enquiries on your own, without the necessary legal knowledge and experience can potentially lead to self incrimination, a professional team of business crime experts is therefore recommended.

Business crime can also span both domestic and international, in which case there will be multiple jurisdictions at play. Your legal team needs to be knowledgeable not just in matters in the UK, but also how to liaise with other jurisdictions.

Who Prosecutes Business Crimes?

While initial investigations may begin internally, prosecutions will be conducted by any number of government or legal bodies.

From the investigation stage to the prosecution stage, criminal proceedings for business crimes may involve any of the following agencies:

  • The City of London Police
  • Serious Fraud Office (SFO)
  • Financial Conduct Authority (FCA)
  • National Crime Agency (NCA)
  • Financial Services Authority (FSA)
  • Crown Prosecution Service (CPS)
  • HMRC Special Compliance Office

The team at BSB Solicitors have broad knowledge of all the relevant government agencies, and how to deal with the investigations carried out by each.

Different Types of Business Crime

Offences that fall under the umbrella of Business, corporate or white-collar crime can include:

  • Bribery & corruption
  • Money laundering
  • Competition & cartels
  • Criminal fraud
  • Insider trading
  • Embezzlement
  • Tax crimes
  • Environmental crimes
  • Cyber Security crimes under the Computer Misuse Act (1990)
  • Trade & export violations

The list above is not exhaustive of the nature of offences or legal issues that you may face. Indeed, the umbrella of business crime is so large, it is advisable to instruct  solicitors and counsel experienced in business crime to be able to sufficiently manage your investigation and defence.

Corporate Criminal Liability

Establishing liability for a corporation convicted of business crimes comes largely under two principles.

Vicarious liability covers cases or offences in which there needs no mental element, such as intent, knowledge or dishonesty. For these offences, only the facts need to be proven – for example, breach of regulations or unlawful actions.

Non-vicarious liability, or the identification principle covers most other offences. For these offences, the prosecutors must identify and establish a “directing mind and will” (DMW) of the company in relation to the offence. Put simply, it means there must be a mental element, such as intent or dishonesty, in order to prove criminal liability.

The exception are three pieces of legislation that cover certain offences in corporate offences .

These are;

  • Corporate manslaughter (Corporate Manslaughter and Corporate Homicide Act 2007)
  • Failure to prevent bribery (Bribery Act 2010)
  • Failure to prevent the facilitation of tax evasion (Criminal Finances Act 2017)

Our team of business crime solicitors will be able to clearly explain what liability, if any, you or your company may be facing, and how to build upon your defence in the face of such liability.

Sentencing for Business Crime

If convicted, sentencing for business or corporate crime s will be conducted  in accordance with the Criminal Justice Act 2003, and the relevant crime being prosecuted.

Sentences range from custodial terms to fines depending on the seriousness of the offence, or in the case of the latter, the financial means of the offender. Convicted offenders may also be subject to proceedings whereby the prosecuting authority seeks to confiscate assets based upon any assessment of the benefit obtained from the offending .

Further Info on Corporate Prosecutions

For more in-depth reading on corporate law, liability, prosecutions and sentencing, see this guidance from The Crown Prosecution Service:

https://www.cps.gov.uk/legal-guidance/corporate-prosecutions

For guidance on bribery and related information (what constitutes bribery, principles for prosecuting bribery cases and case studies), see The Bribery Act 2010:

https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf

For a list of offences laid out in the Companies Act 2006, see this:

https://www.cps.gov.uk/sites/default/files/documents/legal_guidance/Companies-Act-2006-Schedule-of-Company-Offences-update-November-2019.pdf

 

How We Can Help

Any time you are faced with criminal prosecution or investigation, it’s vital that you seek legal representation as soon as possible, and this is all the more true for complex matters such as corporate or business crime.

Without the help of legal defence experts, you’re at risk of self-incrimination, poor handling of the investigation, on top of significant stress and potential reputation damage. Criminal proceedings often take a large toll on individuals and those around them, especially when they involve one’s livelihood.

BSB Solicitors are here to help in each step of criminal proceedings, from investigation to prosecution defence. Because of the nature of corporate investigations, and the complex nature of both investigation and prosecution stage, it’s important to get in touch with legal professionals early.

To discuss any aspect of your case please contact partners Jonathan Black or James Skelsey on 0207 8373456, or contact us here.

Client Testimonials

“I am so glad that I am writing this review because it means my case is officially done. My case is about Money Laundry, but compare with other normal cases, it was quite complicated and special. The most challenge was from the cultural differences between the UK and China to every bank transfer method and behaviour of Chinese. A foreigner like me, who can not speak English like a native, it was a big challenge as well. However, James Skelsey was very patient to listen and transfer the correct meaning to officers. He always knows how to make me understand the whole process and which stage we were, also kindly gave me advice and recommendations. Finally, James help me get all suspect off, and I got all my money back. During this process, James helps me from hopeless to confident. I really appreciate it!” – Peiyun Zhang ⭐⭐⭐⭐⭐

“In my experience, BSB Solicitors acting with utmost professionalism. They exhibited a great deal of care for my sensibilities as a client and kept good lines of communication open at all times. There was never any attempt to build up false hopes but rather a commitment to do the very best in representing my case. I am delighted that we had an extremely positive outcome. I would strongly recommend this highly professional and discreet team to anyone. Be assured the money is well spent. A big thank you to Team BSB Solicitors.” – Mikhail Lumanov 2023 ⭐⭐⭐⭐⭐

“I had the best support from BSB solicitors for putting together all the necessary documents to help me with my case. It was the hardest case around, but I had the best outcome possible. I’m really happy and I would like to thank Victoria for everything she did for me. All the best!” – Liljana Sufaj 2023 ⭐⭐⭐⭐⭐

“I highly recommend this solicitor. Their expertise, professionalism, and dedication to my case were exceptional. They communicated effectively, kept me informed throughout the process, and achieved a favourable outcome. Five stars for their outstanding legal services.” Nick 2024 ⭐⭐⭐⭐⭐

“BSB solicitor are one of the best in the business I have been with BSB since 2012 and they always been there on time and always ready to help and all the lawyers are always very clear specially Jim he’s absolutely very clear and honest and does very very best to help you in a situation” Mo D 2023 ⭐⭐⭐⭐⭐