In the United Kingdom businesses are subjected a highly complex regulation designed to maintain the highest standards of governance and commercial practice. Many sectors across the business world are policed by different bodies. These agencies include Local Government, the Financial Conduct Authority, Trading Standards, Environment Agency, Care Quality Commission, HMRC, Heath and Safety Executive to name a few. Important compliance issues for all businesses, large and small, also include the Data Protection.
If your business is under investigation by a regulator and you need help, get in touch. The power of proactive and early engagement cannot be stressed enough.
The Bribery Act 2010 has wide-ranging implications in the business world and could expose you or your business to a criminal investigation of bribery and/or corruption if you do not manage your affairs carefully. Companies and individuals can now be found guilty of offences under the Act and be sentenced to pay significant fines and/or serve terms of imprisonment up to 10 years. The impact is massive.
I have in depth expertise and experience of providing high quality, and where necessary, discrete, legal support to businesses, directors and shareholders on issues of corporate governance and regulation. In appropriate cases, where a solicitor(s) is/are already engaged; I am instructed to join the defence team as a consultant to help navigate through difficult parts of an investigation. Handling these matters with sensitivity and care is of paramount importance as any bad publicity can affect the future of the business or the individuals concerned. Most issues can usually be resolved with early involvement and skilful negotiation with the regulator before matters are taken any further.
In recent years there has been an increase in the use of regulatory prosecutions for the purpose of confiscation sanctions as local enforcement authorities (local councils and government agencies in particular) recognise the deterrent potential of substantial orders well in excess of fine guidelines and which permit realisations to be retained by the authority. If your business has been convicted of a criminal or regulatory offence, the courts have started to look carefully at whether and how confiscation orders can be made in business crime or regulatory cases. The impact of such orders can be catastrophic. Get in touch if you need help.