Investigations, Interviews & Dawn Raids
Our experienced team knows how to tackle allegations (faced by both individuals and corporations) related to business offences that often involve incorporate suspicions of wrongdoing across multiple borders and may result in multi-authority and multi-agency investigations.
Whether the subject of investigation or prosecution proceedings is an individual or a corporation, it is a stressful and daunting experience for all those involved. Decisions made at the outset can have far-reaching consequences and critically affect the overall outcome.
It is therefore of paramount importance that a reassuring and experienced advisor is appointed who understands the potential implications of early decision-making and ensures that these are made correctly; and that investigative steps are challenged appropriately, an effective strategy is put in place and, if necessary, the appropriate tone is adopted with all relevant agencies.
Our experienced team of experts have harnessed experience from both sides, as leading defence lawyers and leading investigative lawyers at investigation and prosecuting agencies. This unique vantage point allows us to assess investigations and prosecutions – and all accompanying decisions – from both a defence and a multi-agency, investigatory and prosecution perspective. In addition, our extensive network of international lawyers means that we can count on assistance in different jurisdictions and strengthen a team where necessary.
We are ideally positioned to provide our clients strategic advice and create a robust defence in relation to all aspects of investigations and prosecutions for financial crime matters. We regularly provide specialist advice in relation to the multiple complex and multi-faceted areas.
Regulatory Agencies and Prosecuting Authorities
Any investigation may involve both prosecuting authorities and regulatory agencies across numerous jurisdictions, including the Department of Justice and Securities and Exchange Commission in the US, as well as UK agencies such as the Serious Fraud Office and Financial Conduct Authority.
We regularly advise on international investigations in which numerous agencies may be acting. Our clients benefit from our wealth of experience leading in international multi-jurisdictional investigations alongside French and US prosecution authorities.
We fully understand that the broad spectrum of agencies in Europe, together with multijurisdictional bodies such as Interpol and Europol, can mean that an investigation has to be defended on a number of fronts. We expertly ensure that a robust defence is put forward for our clients, irrespective of which jurisdiction the challenges may come from. We are also well adept at defending those who find themselves subject to an extradition request.
FCA/SFO Investigations
Individuals and corporates may find themselves under investigation by numerous agencies (both in the UK and abroad).
The Serious Fraud Office (SFO) has a wide range of investigatory powers; besides, it can obtain information from overseas and conduct investigatory steps abroad.
Dealing with an SFO investigation involves a bespoke approach and knowledge of how to challenge (if appropriate) the various investigatory steps implemented. The Financial Conduct Authority (FCA) regulate a large number of firms and have various powers.
If you are under investigation by the above (or other agencies) Gherson LLP are able to offer expert and insightful advice to navigate through the process.
HMRC Investigations
Our team of business crime, investigations and regulatory experts advise clients on all aspects of HMRC investigations.
Where a criminal investigation is commenced, our expert knowledge of the range of offences which could be faced ensures that our clients are provided with a steely defence to be put forward as and when required.
Our stellar reputation allows us to assemble a complementary team of financial and tax experts to deconstruct any case put forward by the prosecution, ensuring that our clients are best positioned to achieve a favourable result.
Interviews
We understand how stressful being interviewed by the authorities can be. Our team of experts recognise the importance of adopting the best legal strategy during the interview as this can have a profound impact on both the progress and the result of an investigation or subsequent prosecution.
Our team of poised and seasoned advisors have extensive experience consulting on all aspects of an interview process, be it conducted under the Police and Criminal Evidence Act 1984 (PACE) or compulsion.
Our team of defence lawyers is headed by Thomas Cattee, who himself once sat on the other side of the table as Lead Investigative Lawyer for the Serious Fraud Office (SFO). With this in mind, we have been involved in thousands of interviews in relation to a whole spectrum of criminal activities under PACE and compulsion on both sides, which makes us well positioned to offer our clients the very best strategic advice.
Our team provides comprehensive advice regarding all aspects of interviews conducted by investigating, prosecuting and regulating agencies, including those conducted voluntarily. We regularly manage interview processes in multi-jurisdictional, multi-agency investigations and provide a bespoke interview strategy, built upon a deep understanding of how the result of any interview will affect the development and potential outcome of a client’s case.
Whether being interviewed under caution, or voluntarily, it would be wise to seek counsel at an early stage. Decisions made here can determine whether a person is released without charge, or prosecuted for offences. Where a decision to prosecute is made, events at the interview stage may shape the outcome of the case, i.e. whether it ends with a conviction or an acquittal.
Dawn Raids, Search and Seizure
Our lawyers understand how the unexpected nature of a search or dawn raid will always be an incredibly stressful and disruptive experience. This is why we ensure that our clients can reach us at any time.
Our business crime, investigations and regulatory team is headed by Thomas Cattee, who himself spent a part of his career as Lead Investigative Lawyer at the Serious Fraud Office (SFO). His insight into planning and executing searches combined with experience of our team of seasoned lawyers enables us to provide reassuring and expert legal advice in these difficult times.
We understand that steps taken in immediate response to such invasive actions are of critical importance to any subsequent investigation. We critically challenge, if appropriate, any actions taken at the outset and establish a solid foundation for responding effectively to any subsequent investigation and proceedings.
We rely on our expert knowledge and experience to challenge (if appropriate) search warrants whilst closely scrutinising the actions taken during any search.
Our experience and meticulous understanding of the stringent legal steps needed to be taken in advance of, and during, any search is second to none. We work diligently with teams across the practice and are able to assist with regard to any subsequent interviews as well as to offer advice on whether to initiate an internal investigation, if appropriate.
Compliance Internal Investigations
Our team of investigation lawyers regularly offer advice and conduct discreet internal investigations to look into areas of potential concern.
We work closely with our clients and understand that every business is different, which is why we assemble a bespoke team of experts for each case.
Your personalised team will provide detailed advice on the steps to be taken, should any issues be uncovered. We also advise clients on how to mitigate the need for an internal investigation by providing bespoke training in anti-money laundering, anti-bribery and corruption, and other similar matters.
Recent cases
Regulatory Agencies and Prosecuting Authorities
- Advised in relation to a SFO UK property freezing order against the backdrop of a complex multi-jurisdictional matter concerning allegations of bribery and corruption;
- Advised a company responding to a request under data protection law and a Crown Court production order;
- Advised several individuals in relation to raids on their property by the National Crime Agency.
Interviews
- Gherson LLP have been instructed separately by two individuals following their detention and interview under Schedule 3 to the Counter-Terrorism and Border Securities Act.
HMRC Investigations
- Gherson LLP have advised an individual and a company who were approached by HMRC as part of an investigation into potential sanctions breaches involving the export of a rare item. The case spanned multiple jurisdictions and entailed extensive investigation and evidence gathering.
Dawn raids, Search and Seizures
- Gherson LLP have been instructed by an individual who was subject to an NCA raid at his property as part of an NCA investigation into alleged sanctions violations.
- Gherson LLP have offered expertise on related account freezing orders imposed and therefore the matter concerned consideration of the interplay between the sanctions and the POCA regimes.
- Gherson LLP have been advising on a matter that has been subject to proceedings before the Westminster Magistrates’ Court and then judicial review proceedings at the High Court.
- Gherson LLP have been instructed by an individual who was arrested and whose house had been subjected to a search initiated by the NCA. The arrest and search were carried out in connection to various offences, including financial crime.
