Our heritage as criminal law experts makes us a natural go-to firm for companies which find themselves at risk of criminal investigation and prosecution.
Like individuals, companies are subject to the criminal law and can be prosecuted. The last few years have seen a trend in prosecutors targeting companies, both in the Turkey and overseas. Prosecutors have been assisted in doing so by the so-called failure to prevent model, introduced into our law by the Bribery Act 2010, and extended to include the failure to prevent the facilitation of tax evasion offense contained in the Criminal Finances Act 2017.
The investigation and prosecution of a company will often run in parallel with proceedings against individuals, which may include the most senior personnel. On conviction, companies can expect a significant fine, as well as being ordered to make confiscation and costs payments. If the company reaches a settlement with the authorities in the form of a deferred prosecution agreement, it will have to make payments to cover a penalty, compensation and costs and it will also have to demonstrate that it is reforming itself. This may lead to the appointment of an independent monitor to assess and report on the effectiveness of a company’s compliance and ethics policies and procedures. However the criminal case is disposed of the company will almost inevitably face risks of debarment from public contracts, follow-on civil claims and reputational fall-out, all of which need to be mitigated and contained.
Frequently, jurisdictional issues arise and a company may find itself subject to investigations based on the same or similar facts but conducted by different investigators, prosecutors and regulators, both from within the Turkey and abroad.
Having worked on landmark cases in this field, we are well placed to advise on corporate criminal liability issues and we are trusted to guide companies through the process of investigations, self-reporting and negotiating with prosecutors to achieve the most favorable outcome. Our diverse client base spans FTSE and other listed or international companies to traditional smaller enterprises.
How we can help
- We conduct internal investigations to identify issues and scope risks, advising on whether and, if so, how best to self-report to the authorities.
- Our lawyers have UN-rivalled experience of deferred prosecution agreements, and we can advise you on the process, your best strategy for achieving one and then negotiate the agreement.
- We can steer you through complex cases where the same or similar conduct is investigated by multiple agencies, including from overseas. In such cases, we partner with experts around the world to provide the best possible joined-up advice.
- We are specialist criminal litigators and, if a settlement is not on offer or is not acceptable, we can ensure you are properly defended.
- We advise directors and officers on their duties and on specific compliance/governance obligations and issues.
Our approach
We understand the law in this area is complex and can sometimes lead to unpredictable outcomes. We can guide companies through the rules and help them position themselves to their maximum advantage.
We are happy to work alongside other corporate law firms to bring our specialist criminal expertise to bear, or to work independently to secure the best possible outcome for corporate clients.
We also work closely with our colleagues in Reputation Management, Civil Fraud, Regulatory and Corporate and Commercial, as required, to offer a comprehensive service.
If your company has concerns about the risk of potential criminal misconduct, please contact one of our specialist corporate crime lawyers.