Corporate and directors' criminal liability

LIBOR investigations

Advising individuals in relation to investigations undertaken by criminal prosecutors including the US DoJ and UK SFO.

Foreign exchange (forex) investigations

Advising traders at major financial institutions in relation to internal, regulatory and criminal investigations into alleged confidentiality breaches, market manipulation abuse and price fixing.

Cartel / anti-trust

Advising a senior executive in relation to a major American anti-trust investigation, in which the company concerned paid the largest ever American anti-trust fine. The client was not proceeded against.

Fraud – Olympus Corporation

Acting for an individual in relation to the SFO investigation into Olympus Corporation.

Bribery and corruption

Alan advised a multi-national corporate entity in relation to a large-scale, high-profile investigation into allegations of bribery and corruption. Advice included managing responses to enforcement agencies' requests and advising on individual and corporate criminal liability.

SFO – civil recovery of the proceeds of corruption

Alan has advised individuals subject to Civil Recovery applications by the Serious Fraud Office, under Part V of the Proceeds of Crime Act 2002.

Tesco – alleged false accounting

Advising a director in relation to allegations that corporate accounts were manipulated to give a false impression of profitability.

HMRC tax investigations

Advising accountants and IFAs in relation to HMRC investigations. Alan acted in the only criminal trial brought by HMRC to date in which an accounting professional was acquitted of cheating the revenue, in the context of a tax avoidance and mitigation scheme.

Regulatory litigation

LIBOR

Advising individuals in relation to investigations undertaken by financial institutions and regulators, including the FCA and CFTC. Recent instructions have included senior managers in banking, investigated by the FCA in relation to alleged oversight failures. 

Foreign exchange (forex)

Advising senior management at major financial institutions in relation to internal and regulatory investigations into systems and controls failures.

Market abuse

Alan has advised clients in respect of a number of market abuse inquiries, commenced by the FSA and FCA. Many of the allegations were novel and complex in nature.

Regulatory compliance

Approved Persons (APER / SIF) applications

Advising individuals and institutions on applications for Controlled Function and Significant Influence Function approval from the FSA, FCA and PRA.

The Proceeds of Crime Act 2002

Alan advises institutions, MLROs and other individuals on money laundering (AML) compliance, reporting obligations and on potential criminal liability under POCA.

FCA / PRA reporting obligations

Alan advises financial institutions on reporting obligations under the FCA / PRA handbook, in the context of market abuse, fitness and propriety and Principle 11 of the Principles for Business.