Corporate Crime, Compliance and Regulatory Enforcement

As the international centre of finance, understandably there is considerable business regulation in the United Kingdom. Many sectors across the business world are policed by different bodies. These agencies include the Financial Conduct Authority, Environment Agency, Care Quality Commission, HMRC, Heath and Safety Executive to name a few. Important compliance issues for all businesses, large and small, include the Data Protection Act 1998. The UK Corporate Governance Code is issued by the Financial Reporting Council and it sets out standards of good practice in relation to board leadership and effectiveness, remuneration, accountability and relations with shareholders. All companies with a Premium Listing of equity shares in the UK are required under the Listing Rules to report on how they have applied the Combined Code in their annual report and accounts.

In addition to regulation, 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.

The Act firmly places the responsibility on organisations to ensure that their anti-corruption procedures will protect them from potential criminal liability and unlimited fines.  Companies will not only be responsible for the activities of their employees, but also of their agents and affiliates.  This will require enhanced due diligence and systems and controls of those working with you.  Protecting yourself and your company demands a robust approach to corporate governance to address the new changes to the law.  Areas of particular concern include corporate hospitality, facilitation and payments and commissions.

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. 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 skillful negotiation with the regulator before matters are taken any further.

Chambers and Partners 2017:

“Recognised for advising on serious financial crime matters. He regularly defends cases of mortgage, tax and investment fraud ….His written work is particularly good."

Legal 500 2016:

‘His calm persona can cut through complex issues with ease’.

Chambers and Partners 2016:

‘Particularly noted for his expertise in cartel investigations, insider dealing and rate fixing matters. He routinely represents large corporations and individuals’

Legal 500 2015:

‘…often has the prosecution running around in circles’

Chambers and Partners 2015:

Has a nationwide financial crime practice and is regularly instructed to defend in complex fraud cases…….has an A to Z knowledge of fraud work."

Legal 500 2014:

‘An excellent jury advocate’

Chambers and Partners 2014:

‘Has a practice encompassing mortgage, tax and insurance fraud cases.

Legal 500 2013:

mindblowingly experienced'

Chambers and Partners 2013:

praised for his ability to handle cases which combine civil and criminal fraud elements. He has a national fraud profile, and handles mortgage and insurance frauds, money laundering matters and MTIC cases’ 

Chambers and Partners 2012:

‘a diligent professional acclaimed for his fantastic knowledge of his subject’

Chambers and Partners 2011:

'fights really hard for his clients and is very good tactically’

Legal 500 2011:

‘is comfortable with any level of tribunal and is completely au fait with complex legal issues’

Legal 500:

‘is widely experienced in fraud…has good experience in conspiracy trials’

Legal 500:

‘has a serious crime practice for his call and good experience in fraud and conspiracy trials’

Legal 500:

‘has a busy serious crime practice’

“I am delighted with the verdict. I am an innocent man and I’m glad the jury believed in me. This has been a very difficult time for me. My reputation was badly damaged after my arrest but now I can get on with my life as an innocent man with my head held high. I would like to take this opportunity to say I am especially indebted to my Barrister, Mr Ashraf Khan. Without his support I would have been lost”

QM, acquitted after a 5 month sexual abuse trial.

I cannot describe how happy I am today. Thank you Ashraf for all your help through this difficult period in my life. I was so scared I would loose my livelihood. I owe you so much”

TH, an independent financial adviser, acquitted after a 4 month fraud trial.

 

“I am delighted with the verdict! Thank you so much”

DO, acquitted of Grievous Bodily Harm after a trial.

 

“Brilliant result, thanks so much! Thank you for all the hard work and taking the time to understand our case; our previous lawyers just didn’t want to know”.

GH, acquitted of large scale drugs conspiracy.

 

 

“Thank you for everything! I could have spent my whole life in prison for something I didn’t do!

LW, acquitted of gang related murder after a 10 week trial.

 

 

“Thank you Mr Khan for all your hard work during this long and difficult trial. We knew we could always rely on you. You were superb!”

DM, acquitted of large scale drugs conspiracy.