Overview

The criminal and regulatory environment UK corporates operate in has changed significantly in recent years. In an era of increasing scrutiny of ESG factors, the cost of non-compliance has never been higher. Our business crime and regulatory investigations team work with clients to protect them against fraud and financial crime, regulatory breaches and non-compliance. We also help our clients navigate the challenges associated with being embroiled in a criminal or regulatory investigation in any aspect of their day-to-day operations.

Our team has an in-depth understanding of criminal and regulatory matters drawn from a range of practice areas including financial crime, financial services regulation, cyber security and data protection, pensions regulationtaxhealth and safetyfood safetyenvironmentemployment and competition and utility regulationOur expertise at the coalface of criminal investigations means we understand how stressful these situations are and we are well equipped to help both corporates and individuals navigate their way through the criminal process. Our breadth of specialism allows us to offer a holistic service by advising clients on other impacted areas, alongside the investigation itself, for example employment issues and civil litigation.

We regularly help clients to review legal risk and map out the ESG factors most relevant to them. We assist with setting up systems, running training programmes, drafting protocols and reviewing key documents to minimise compliance risks and maximise the opportunities available to businesses. We have particular experience of preparing compliance and prevention measures for clients in the areas of bribery and corruption, money laundering and tax evasion, to help prevent them falling foul of the law. These measures are essential given the requirements placed on businesses by the ‘failure to prevent’ corporate crime offences. 

In respect of individual clients, we have vast experience of representing company directors and other senior executives who have been caught up in criminal and regulatory matters. We provide rapid, confidential advice on dealing with investigations as they arise, often in very sensitive and urgent situations.

Our business crime lawyers are frequently instructed on cross-border investigations as enforcement agencies across the globe are increasingly working together to share information and intelligence. In these multi-jurisdictional matters, we work alongside our network of independent firms across the world to provide clients with timely advice wherever they need it.

We regularly receive excellent feedback in legal directories. In Chambers 2019, our clients stated 'they are very skilled and experienced' adding that 'their responses are always fast and reliable.' The team is ranked by legal directories across multiple specialisms and won the Legal 500 Crime & Fraud Team of the Year (National) for 2020.

Areas of focus

Our business crime and regulatory investigations expertise includes the following:

  • Serious Fraud Office, Financial Conduct Authority, National Crime Agency, Her Majesty’s Revenue and Customs, Competition and Markets Authority, Health and Safety Executive and police investigations
  • Bribery and corruption
  • Fraud
  • Money laundering
  • Internal investigations
  • Compliance and prevention 
  • Market abuse and insider dealing
  • Sanctions
  • Cyber-crime
  • Tax and revenue investigations
  • External attacks on financial institutions
  • Cartels
  • Theft and misuse of proprietary industry information
  • Health and safety investigations
  • Environmental investigations
  • Pensions regulatory investigations
  • Private prosecutions
  • Civil recovery actions
  • Asset tracing and freezing
  • Reputational and public relations issues

 

Experience

Representing the National Crime Agency in proceedings brought against it for over £220 million under section 283 of the Proceeds of Crime Act – the first such compensation claim of its type (Perry v National Crime Agency).

Leading investigations for several major national and international corporate entities into allegations of corruption, and dealing with the consequent civil, regulatory and employee issues.

Advising a large engineering group on a police investigation into corrupt payments and benefits provided to employees in return for the awarding of contracts.

Advising a pan-European catering and hospitality group at board, legal and operational levels on its anti-bribery policies, procedures and training programmes.

Advising a UK entity which uncovered corrupt practices following an international acquisition.

Representing a major coal mining company during the failed SFO prosecution of certain of its directors and dealing with the multiple issues arising as a consequence.

Advising individuals based in Europe as to interviews sought by the SFO arising from the Delhi Metro prosecutions.

Advising a global bank on responding to an SFO investigation into certain of its customers accused of fraudulent enterprise.

Attending Section 2 witness interviews with corporate directors.

Advising a global petrochemicals group on anti-money laundering implications of cash deposits made by a group purchasing military specification fuels.

Drafting the Anti-Money Laundering procedures for a major European bank and providing ongoing specialist advice to the bank on AML situations.

Representing a major UK financial institution in multiple legal actions arising from a multi-limbed £50 million property finance fraud.

Advising a property trust on recovery of unsecured sums from a group owned and operated by a family, members of which were convicted of £200 million pan-European VAT carousel fraud.

Advising a global engineering group on a fraudulent employee scheme, utilising both criminal and civil remedies against the perpetrators.

Acting in litigation for a major international engineering group to recover secret commissions earned by a former employee and supplier. The judgment is now a leading authority on the fiduciary duties owed by employees and the consequences of their breach.

Advising a company operating in Sub-Saharan Africa in relation to matters concerning the SFO’s ongoing investigation into ENRC.

Advising corporate entities on cyber-crime matters including on how to respond to computer hacking and phishing.

Advising a large manufacturer and importer in relation to a Chapter I Competition Act investigation by the Competition and Markets Authority.

Advising and defending a range of clients in the chemicals, construction, energy and transport sectors on a range of health and safety investigations and prosecutions following fatalities, serious injuries and other incidents at client or project sites.

Advising leading accountancy firms in relation to investigations by the Financial Reporting Council and the Institute of Chartered Accountants in England and Wales.

Advising regulated entities in relation to investigations by the Financial Conduct Authority regarding alleged breach of the FCA’s Principles for Business and the FCA Handbook.

Advising on the leading regulatory investigation relating to the Brunel Group.

Advising scheme trustees and acting as the main point of contact with the Pensions Regulator for a high-profile moral hazard investigation involving a financial support direction being sought against a UK and overseas listed plc.

Successfully bringing to an end a long-running dispute between HMRC and a corporate taxpayer, achieving dismissal of the claim and securing compensation from HMRC for the way in which the taxpayer had been treated.

Successfully concluding a multi-million pound dispute with HMRC over a s425 ITEPA planning arrangement in which HMRC withdrew its case entirely.

Advising a UK importer in a regulatory investigation when its products were discovered to be non-compliant with RoHS.

Representing a petrochemicals company in a pan-European investigation into its products conducted by the Dutch police.

Representing a major ship maintenance business in a prosecution for pollution of harbour waters.

Meet the team
David Hall

David Hall Partner

  • Dispute Resolution
  • Banking Disputes
  • Business Crime and Regulatory Investigations
Guy Bastable Corporate Image

Guy Bastable Partner

  • Corporate Crime & Regulatory Investigations
  • Dispute Resolution & Crisis Management
  • Internal Investigations & Corporate/Director Liability
 
Andrew-Burnette---PGP_3989

Andrew Burnette Partner

  • Dispute Resolution
  • Professional Negligence
  • Banking Disputes
Ann Metherall

Ann Metherall Partner

  • Head of Dispute Resolution
  • Head of Health and Safety
  • Transport
Headshot of Adrian Martin

Adrian Martin Partner

  • Head of Employment
  • TUPE: Business Transfers and Outsourcing
  • Restructuring and Redundancy
Michael Barlow

Michael Barlow Partner

  • Head of Energy and Utilities
  • Environment
  • Water
Sian Edmunds

Sian Edmunds Partner

  • Food and Farming
  • Food and Drink
  • Partnership Disputes
  • Private Wealth Disputes
Chris Worrall

Chris Worrall Partner

  • Head of Competition
  • Mergers and Acquisitions
  • Financial Services
John Barnett

John Barnett Partner

  • Head of Private Client Services
  • Head of Partnerships
  • Tax
Matthew Walker

Matthew Walker Partner

  • Dispute Resolution
  • Financial Services
  • Insurance
Clive Pugh

Clive Pugh Partner

  • Pensions Regulatory
  • Pensions Services
  • Pensions Legal Advice 
Richard Pettit

Richard Pettit Partner

  • Pensions Regulatory
  • Pensions Services
  • Pensions in Northern Ireland

What others say...

Burges Salmon assisted us with a complex fraud investigation. They were highly professional, skilled and a pleasure to work with. I would recommend this firm to anyone who is seeking top-notch legal assistance.

Chief Compliance Officer, multi-billion dollar US group

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