Regulatory litigation

Advising firms in relation to investigations

Alan regularly advises firms in connection with investigations commenced by regulators. He also conducts and advises on internal investigations.

Recent instructions have included: advising an international bank in respect of suspected and potentially significant money laundering and sanctions breaches; advising a major asset manager in relation to serious allegations made to regulators and law enforcement agencies in several jurisdictions; and conducting an investigation for a pharmaceuticals company concerning drug trial results.

Alan is also advising in a number of cases where allegations have been made by a whistle-blower.

Senior executive representation

Advising senior executives, including Board directors and CEOs, of major financial institutions in relation to investigations by regulators and prosecutors both in the UK and overseas.  

Recent instructions have included representing senior managers within the investment banking sector in investigations by the FCA in relation to alleged oversight failures.

Trading conduct and market abuse

Alan has advised a number of clients in respect of market abuse inquiries commenced by the FCA and overseas regulators. He has also recently been instructed in high-profile cases concerning "off platform communications" and the use by bank staff of personal communication devices and applications such as WhatsApp.

Commodities markets

Advising some of the largest global commodities trading houses and banks in relation to alleged market abuse (including spoofing, abusive squeezes and insider dealing). Alan has also advised exchanges on the detection and prevention of market abuse. He also provides training to commodities traders and compliance staff on the market abuse regime as it applies to their markets.

Non-financial misconduct

Advising individuals and firms in the context of investigations into "non-financial misconduct". Advising on, conducting and responding to investigations and on the regulatory impact of the findings of investigations. 

Corporate and directors' criminal liability

Market conduct investigations

Alan regularly advises individuals in the context of investigations undertaken by criminal investigators and prosecutors, including the FCA and SFO, concerning conduct on diverse international markets.

Recent instructions have concerned allegations of spoofing, front-running, dissemination of rumours and false information and benchmark rigging.

Insider dealing / insider trading

Alan has represented individuals in two separate criminal cases taken to trial by the FCA. He regularly advises individuals in the context of internal investigations, often where there has been an allegation of an improper disclosure or receipt of "inside information". He has successfully persuaded the FCA not to prosecute in cases for corporates and individuals.

Bribery and corruption – corporates

Alan advised a multinational 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.

Bribery and corruption – individuals

Advising senior executives in the retail, automotive, pharmaceutical and extractive sectors in the context of bribery and corruption investigations commenced by prosecutors in the US, UK and Asia.

Competition law (cartels / anti-trust)

Advising a senior executive in relation to a major US anti-trust investigation, in which the company concerned paid the largest ever American anti-trust fine.  The case against the client was discontinued.

Advising a major European bank in connection with a competition investigation by the European Commission.

Advising a UK-based person in the context of an investigation by the Brazilian regulator, CADE.

Fraud and false accounting

Acting for individuals in relation to the SFO investigations into Olympus Corporation and Tesco PLC.

Accountancy and HMRC tax investigations

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

SFO – civil recovery of the proceeds of corruption

Alan has advised individuals subject to Civil Recovery and Account Freezing / Forfeiture and Cash Forfeiture applications by the SFO and National Crime Agency, under Part V of the Proceeds of Crime Act 2002 ("POCA"). Alan also acts for the victims of acquisitive criminality, advising on asset recovery. 

Regulatory compliance

FCA / PRA supervision

Advising financial services firms in respect of engagement with regulators, including advice on interaction with supervisors, section 166 skilled person reviews, anti-money laundering ("AML") on-site visits and "desk-based reviews", responses to information requirements and the exercise of other, statutory powers.

Money Laundering Regulations & Proceeds of Crime Act

Alan advises institutions, money laundering reporting officers ("MLROs") and other professionals on AML compliance, reporting obligations and on potential criminal liability under POCA. He provides advice on AML Risk Assessments and Policies, financial crime systems and controls, governance and oversight and delivers training on AML and financial crime.

Senior Managers and Certification Regime ("SMCR")

Advising individuals and institutions on SMCR including: applications for approval to conduct Senior Management Functions ("SMFs") (most commonly for CEOs, Chairs and MLROs); Statements of Responsibilities; Certification Functions; Regulatory References; Notifications; and forward business planning, including with reference to the "12-week rule".

Advice to Boards and Directors on regulatory compliance and individual liability

Alan advises senior executive and non-executive directors on an array of regulatory and governance matters.

Art and luxury goods

Advising galleries, art dealers and luxury brands in relation to compliance with the Money Laundering Regulations and POCA, including in relation to inspections by HMRC in its capacity as AML supervisor for the art and luxury goods markets.  

FCA / PRA reporting obligations

Alan advises financial institutions on reporting obligations, including in the context of market abuse (MAR; UK MAR; STORs), fitness and propriety issues, Principle 11 of the FCA's Principles for Business and PRA Fundamental Rule 7.