Contact details

David Hamilton

T: +44 20 7809 2400 M: +44 7780 480 671 Email David | Vcard Office: London

David Hamilton Senior associate

Contact details

David Hamilton

David Hamilton
Senior associate

T: +44 20 7809 2400 M: +44 7780 480 671 Email David | Vcard Office: London

David is an experienced senior associate in the firm's regulatory litigation practice, specialising in financial services and corporate crime. He has represented clients in the highest profile regulatory cases of recent years, including Libor, FX and post-banking crisis enforcement.
  • Profile
  • Services
  • Sectors

​He is a ​senior associate in the firm's regulatory litigation practice, with wide-ranging experience of domestic and international regulatory and criminal matters. His representation of individuals and institutions has been recognised by the Legal 500, with clients singling him out for particular praise.

​David has particular experience in the financial services sector, advising clients in the context of supervisory and enforcement actions brought by regulatory and prosecuting authorities, including the FCA, the PRA, the SFO, HMRC and the CMA in the UK; the Department of Justice and Department of the Treasury in the US; and the European Commission.

Areas of expertise include banking and markets regulation, senior management obligations, corporate crime and directors' criminal liability, corporate internal investigations, anti-money laundering and corruption, tax evasion, market abuse and retail consumer redress schemes.

David has represented clients caught up in the wake of the banking crisis and the Libor and FX manipulation scandals, including senior executives and trading and sales staff. He has also recently successfully defended a UK mortgage intermediary against allegations of mis-selling, secured the discontinuation of an FCA market abuse investigation into a client and defeated a significant cash forfeiture case instituted by HMRC.

David has authored numerous articles on diverse regulatory subjects, most notably the Bribery Act 2010. He is a member of the International Bar Association and its anti-corruption sub-committee.

"…singled out for praise"
The Legal 500 UK 2012

  • Regulatory litigation
  • Corporate crime and directors' criminal liability
  • Regulatory compliance
  • Fraud and asset tracing

Foreign exchange – systems and controls failures

Acting for the CEO of a multinational bank under investigation for alleged systemic failings in the G10 FX trading desks which contributed to large scale fraudulent activity by desk traders.

Foreign exchange – internal corporate investigation

Representing senior executives in the context of an international bank's internal corporate investigation into alleged manipulation of the FX markets.

Libor – market manipulation

Advising traders in respect of various FCA investigations into alleged manipulation of the LIBOR benchmark, and assisting with associated employment claims.

Gold – systems and controls failures

Advising in respect of an FCA investigation into alleged manipulation of the London Gold Fix.

HBOS – regulatory implications of risky lending

Representing the former CEO of HBOS Corporate in connection with an FCA investigation into his conduct at the bank. This was the largest investigation of a bank executive which the FCA had hitherto mounted.

Consumer redress scheme – insurance add-ons

Advising the world's largest loyalty programme firm in respect of an innovative consumer redress scheme involving two million retail customers; successfully securing FCA, High Court and creditor approval to the scheme's terms.

Matthew Brumsen (UBS) – reviewing business

Representing an individual in respect of an FCA investigation into his alleged failure to conduct an adequate business review on assuming his new role.

Mortgage mis-selling – suitability and affordability

Successfully defending a large mortgage intermediary and its senior management against three parallel FCA investigations into alleged selling of unsuitable and unaffordable mortgages.

Market abuse

Successfully defending a portfolio manager against an FCA investigation into alleged market abuse relating to certain fixed income instruments.

Financial Ombudsman Service – investment fund manager

Successfully defending an investment fund manager against a FOS complaint relating to disclosures in an investment prospectus.

More: Regulatory Litigation

Tax evasion – cash forfeiture application

Defeating an application by HM Revenue & Customs to forfeit cash which the police seized from a client on the grounds of tax evasion and theft.

Tax evasion – VAT fraud

Currently advising in connection with a criminal investigation by HMRC into an alleged seven-figure VAT fraud and related attempts to pervert the course of justice.

Corruption – IT kickbacks

Advising in respect of an investigation into kickbacks received by a client's employee in exchange for lucrative IT contracts; preparing notifications to the Serious Fraud Office and Serious Organised Crime Agency.

Corruption – client gifts

Advising in respect of an internal investigation into allegedly inappropriate gifts made to customers by staff; reviewing reports and advising on interaction with the criminal authorities.

Money laundering – police investigation into MLRO

Representing a Money Laundering Reporting Officer in connection with a police investigation into alleged money laundering offences.

Money laundering – criminal trial in foreign jurisdiction

Advising an asset management firm in connection with money laundering charges brought against one of its senior managers in a foreign jurisdiction.

Statutory notice for information – failure to comply

Currently advising in connection with a criminal investigation by HM Revenue & Customs into an alleged failure to comply with a statutory disclosure notice issued in the context of a Crown Court trial for tax fraud.

Aviation – laundering of aircraft parts

Representing an aviation professional interviewed by US government officials in connection with an investigation into the alleged laundering of scrap aircraft parts.

Health and safety

Advising corporates and senior management on investigations by the Environment Agency and the Environmental Health teams for various local councils, including contamination of local waterways and food hygiene.

More: Corporate crime and directors' criminal liability

Bribery Act

Advising on and drafting anti-bribery policies and procedures for numerous clients, including a UK oil & gas company operating in Western Africa, a pharmaceuticals firm, a multinational construction company and an international bank.

Consumer redress scheme – insurance add-ons

Advising the world's largest loyalty programme firm in respect of a consumer redress scheme involving two million retail customers; successfully securing FCA, High Court and creditor approval to the scheme's terms.

Insurance mediation

Advising in connection with a significant migration of retail insurance policies and conduct of business issues relating to insurance add-on policy design, sales processes and renewals.

Consumer credit

Advising clients on various aspects of the FCA's consumer credit regime, including applying for full consumer credit permission, the provision of credit references and credit brokerage services.

Collective investment schemes

Advising on the applicability of collective investment scheme legislation and regulation to a property investment scheme.

Senior managers regime

Advising and providing training on the scope of the senior managers' regime established by the Banking Reform Act 2013.

Transactional

Advising in transactions, including M&A and stock market listings, to ensure that regulatory issues relating to corruption and money laundering are properly managed.

More: Regulatory compliance

Money laundering – criminal trial in foreign jurisdiction

Advising an asset management firm in connection with money laundering charges brought against one of its senior managers in a foreign jurisdiction.

Market abuse – portfolio manager

Successfully defending a portfolio manager against an FSA investigation into alleged market abuse relating to certain fixed income instruments.

Market abuse – brokerage firm

Advising a UK brokerage firm in connection with an FCA investigation into alleged market abuse, breaches of the short-selling rules and systems and controls failures.

Financial Ombudsman Service – investment fund manager

Successfully defending an investment fund manager against a FOS complaint relating to disclosures in an investment prospectus.

More: Fraud and asset tracing
  • Insurance
  • Banks and banking

Consumer Redress Scheme – insurance add-ons

Advising the world's largest loyalty programme firm in respect of a consumer redress scheme involving two million retail customers; successfully securing FCA, High Court and creditor approval to the scheme's terms.

Insurance Mediation

Advising in connection with a significant migration of retail insurance policies and conduct of business issues relating to insurance add-on policy design, sales processes and renewals.

D&O Insurance/Indemnity Coverage

Advising corporates and individuals in respect of D&O insurance coverage and related indemnity provisions in the context of regulatory investigations.
 
More: Insurance

HBOS – regulatory implications of risky lending

Representing the former CEO of HBOS Corporate in connection with an FSA investigation into his conduct at the bank. This was the largest investigation of a bank executive which the FSA had hitherto mounted.

Libor – market manipulation

Advising traders in respect of various FCA investigations into alleged manipulation of the LIBOR benchmark.

Foreign Exchange – systems and controls failures

Advising a senior executive and two key managers in connection with the FCA's and banks' investigations into alleged manipulation of the FX markets.

Foreign Exchange – internal corporate investigation

Representing senior executives in the context of an international bank's internal corporate investigation into alleged manipulation of the FX markets.

Gold – systems and controls failures

Advising in respect of an FCA investigation into alleged manipulation of the London Gold Fix.

Matthew Brumsen (UBS) – reviewing business

Representing an individual in respect of an FCA investigation into his alleged failure to conduct an adequate business review on assuming his new role.

More: Banks and banking

Latest news & insights

12 Aug 2015

From Insights

Strengthening accountability in banking: the next piece of the jigsaw

We highlight the key points following the FCA's release of near final rules for the extension of the proposed Senior Managers, Certification and Conduct Rule regimes.

More

15 Oct 2013

From News

The National Crime Agency: re-arranging the deckchairs?

The National Crime Agency supersedes the Serious Organised Crime Agency as the UK's elite policing agency.

More

print-footer
logo
© Stephenson Harwood LLP 2016. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.