Legal Specialists in Business Crime

Transcription

1 Legal Specialists in Business Crime Bribery and Corruption Corporations Cartels and market manipulation Sanctions International Other Fraud Private Prosecutions

2 QEB Hollis Whiteman are a set of barristers offering business-related crime and regulation, representing in the courts and regulatory tribunals. Recent Work Mabey & Johnson prosecution of a company for international corruption and breach of sanctions Marine Hose defending executives in this landmark cartel prosecution and settlement 2010 Pharma prosecute price- to defraud Tchenguiz brothers acting for the Director of the Serious Fraud judicial review Cotswold Geotech new act corporate manslaughter Langbar defending in the largest AIM market fraud prosecution Carbon Capital defending the CEO of Carbon Capital in HMRC/RCPO s largest direct tax prosecution Google advising on the criminal law implications of Google s street view data capture Bribery advising companies in relation to global and domestic bribery and money laundering issues and investigations

3 Communications Sanctions advising and defending companies and individuals in relation to SFO investigations into sanctions busting in Iraq Insider dealing advising and representing the FSA and defending individuals charged in relation to a range of insider dealing cases EU representing foreign notables in asset-freezing litigation before the General Court of the European Union MPs advising on criminal investigations into the expenses of Members of Parliament and donations to political parties advising witnesses attending the Leveson inquiry into the phone hacking scandal advising individuals subject to international asset tracing and recovery following regime change advising the Government in relation to the proposed use of intercepted communications as evidence in criminal proceedings Prosecutions prosecuting a range of criminal offences on behalf of various private entities Internal assisting companies in relation to internal investigations British Airways defending executives in the British Airways/ Virgin Atlantic fare a strong white-collar crime unit with real pedigree. Chambers & Partners

4 Bribery and Corruption Since the introduction of the BriberyAct 2010 we a member of chambers has co-written a book on the topic. overseas corruption Defending in a bribery case involving corrupt Defending in the Millennium Dome corruption case Local authority corruption involving councillors receiving bribes for planning permission Many allegations of police corruption Advising a variety of companies and individuals on bribery and corruption Advising in the cash-for-honours enquiry into the Advising on the merits of prosecuting senior in party donations. Neils Tobiasen prosecution for overseas corruption 4

5 Corporations The changing nature of the criminal and regulatory company (Mabey and Johnson Ltd) for overseas corruption and the prosecution of sanctions busting legislation (Cotswold Geotech) and several cases of gross negligence manslaughter Internal investigation and advice in relation to professional negligence and SOCA suspicious activity reports Advising Google on the UK criminal law implications of its street view personal data capture Advising a variety of corporate entities on bribery and corruption including those pursuant to the Bribery Act 2010 Advising and representing companies in relation to UK and EU tax issues Cases involving workplace deaths and breaches of health and safety legislation Potential and actual breaches of consumer protection, trading standards and intellectual property legislation. Google advising on the criminal law implications of Google s street view data capture 5

6 Cartels and market manipulation Defending British Airways executives in the British Defending in Operation Holbein, the largest ever to defraud Defending executives in the Marine Hose [price- scrutinised by the Court of Appeal Acting in the Balfour Beatty case the use of a Civil Recovery Order by SFO Defence of one of the few prosecutions brought by the London Stock Exchange for prosecution of share manipulation offences Defending in the largest Alternative Investment Market market manipulation case R v Pearson (Crown/Langbar) Advising senior bank executives in relation to LIBOR investigations. British Airways defending executives in the British Airways/ Virgin Atlantic fare 6

7 Sanctions In recent years there has been a marked increase in international state co-operation and the use of international law and regulations. This has had an of this has been the imposition of sanctions and prosecution of breaches of such sanctions. QEB Hollis Whiteman has considerable experience of defending and prosecuting alleged breaches of sanctions legislation. pre-charge process. and scope of UK and international sanctions measures and other like regulations, the application of International law, and negotiations with domestic and foreign regulators and prosecutors. Advice to shipping insurers on exposure to EU sanctions legislation in continuing cover on Iranian owned shipping Advice about investigations into breaches of the Iraq Oil for Food programme, the case of Mabey & Johnson Ltd which resulted in a novel plea agreement by the company setting out suggested monitoring requirements Advised in the sanctions element of Re: Innospec Ltd L.R. 665) Sanctions violations by the attempted supply of embargoed destination R v X (March 2012) - defence of allegations of breach of sanctions by the attempted export of carbon R v PD and EB (2011) lead counsel for one of two defendants charged with breaching the 2003 United Nations Sanctions Order, in respect of the supply of material to the Iraqi MOD. Sanctions advising and defending companies and individuals in relation to SFO investigations into sanctions busting in Iraq 7

8 International of the criminal world. Members of chambers are members of the International Bar Association and the European Criminal Bar Association. Our recent to local bars asset-freezing litigation before the General Council of the EU recovery following regime change Washington, Ireland and Hong Kong example of cross-jurisdictional settlement acting on behalf of foreign governments joint prosecutions. EU representing foreign notables in asset-freezing litigation before the General Court of the European Union 8

9 Other Fraud of the largest fraud cases in the past twenty years. Practice and Procedure. defending solicitors in frauds on clients, the legal Christopher Grierson (ex Lovells) defending in multiple cases of multi-million pound VAT and tax fraud defending the CEO of The Money Portal who was alleged to have defrauded 52m in pension funds hospital for defrauding healthcare trusts defending directors in a variety of allegations of conspiracy to defraud and fraudulent trading: - Versailles fraud, Innospec, Dougal mortgage frauds Services Authority under s397 of Financial Services & Markets Act insider dealing and share-ramping cases boiler room frauds ponzi schemes pension frauds. Tchenguiz brothers acting for the Director of the Serious Fraud judicial review 9

10 on behalf of major multinationals, global copyright protection organisations such as the Federation Against Copyright Theft and the British Recorded Music Industry and major international brands. Property rights of their members and pursue those whose actions damage their image and reputation. As resources in the public sector come under concern to them become of lower priority, we expect The potential of costs from central funds and advising and acting for the Federation Against Copyright Theft in the landmark prosecution of the operator of surfthechannel.com for facilitating copyright infringement, R v Vickerman prosecuting on behalf of Virgin Media Ltd an organised crime network responsible for the invention, manufacture and supply of approximately half a million set-top-boxes modified to access Virgin Media s subscription cable network without payment, resulting in 12m in confiscation, R v Zinga and others prosecuting a company on behalf of the British Recorded Music Industry for the supply of unlicensed karaoke systems in pubs and clubs, R v Wylie and other prosecuting the majority of the trade mark and piracy based private prosecutions undertaken in recent years including matters which have become seminal Intellectual Property authorities such as the House of Lords decision in R v Johnstone, and R v Scopelight Association Premier League Vickerman Landmark FACT prosecution 10

11 We have eighteen Queen s Counsel and over thirty junior barristers of acknowledged ability. Sir David Calvert-Smith, recently retired from the High Court bench and ex-director of Public Prosecutions has recently returned to chambers and is able to assist in advising upon and the conduct of investigations and the preparation of reports. James Bagge, who started his professional life in chambers and then spent the larger part of his career so far with Norton Rose, has also joined us recently, with his vast experience in fraud and the regulation of investment and banking business. What clients say... QEB Hollis Whiteman is in the small group of elite sets of Chambers that deals with the most demanding and challenging cases that come before the courts. The ability of counsel makes them stand out from many, many other sets. Michael O Kane, Partner, Peters and Peters Solicitors therefore the ability to refer work to a set of chambers, knowing that it will be properly supported and carries risks. Matthew Lohn, Managing Partner, Field Fisher Waterhouse Solicitors 11

12 1-2 Laurence Pountney Hill, London EC4R 0EU Telephone Fax DX 858 London City Web: