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Financial Crime

Our experts provide advice and assistance across a wide range of investigations and prosecutions instigated by the criminal and regulatory authorities relating to business crime (fraud/conspiracy), money laundering, bribery and corruption, market manipulation/insider dealing.

We have particular experience in acting in cross border investigations by multiple authorities in different jurisdictions.

We are regularly called on by our corporate clients to advise on bribery risk under the Bribery Act 2010, specifically in relation to sensitive aspects such as extra-jurisdictional exposure and self-reporting.

We also act for individuals caught up in major criminal investigations and prosecutions.

By way of example, our experts have recently acted:

For multiple individuals in connection with FCA, US DoJ/CFTC investigations into LIBOR, EURIBOR and F/X manipulation;
As Co-counsel with US lawyers in defence of criminal proceedings instigated by the US DoJ against a UK national relating to LIBOR manipulation – trial in October 2018, post trial motions ongoing;
For a senior trader in defence of criminal proceedings instigated by the SFO against a German national relating to EURIBOR manipulation;
For a listed company in connection with a criminal market abuse investigation;
For individuals under investigation and witnesses to investigations by the FCA in connection with criminal market abuse; and
For an individual charged for Fraud by false representation (charged dropped).

Banking and finance dispute resolution

By Jonathan Brogden

For the latest news and comment on banking and finance disputes.

Keeping Up with Crypto Fraud – Social media Influencers beware!

By Jonathan Brogden

In October 2022, the US Securities and Exchange Commission (“ SEC ”) fined Kim Kardashian US$1.26m for unlawfully “touting” the EthereumMax (“ EMAX ”) token on her social media account without disclosing that she had received compensation, and the…

Business Crime Update: Much Ado about Nothing - SFO issues Corporate Co-operation Guidance

By Jonathan Brogden

It has long been a problem for criminal prosecutors that corporate crime is difficult to detect. The criminal act can remain concealed and the effects of the crime may not be felt for some time. The criminal authorities have come up with various…

Private Prosecutions – An Update

By Jonathan Brogden

In light of continuing budget restrictions faced by enforcement agencies and the police, private prosecutions remain on the agenda and an option to be considered in the right circumstances.

Banking & Finance Disputes Update - June 2018

By Jonathan Brogden

DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory sectors that give rise to or concern contentious matters, civil or regulatory.

Banking & Finance Disputes Update - May 2018

By Jonathan Brogden

Is the FCA softening, or just shifting its approach?

Last year the amount of fines issued by the FCA dropped dramatically. Only £23m was issued in fines against companies and individuals in the financial services sector, compared with nearly £1bn handed down in 2015. In fact, 2016 saw among the lowest…

The Insolvency Rules 2016 – improved outcome for creditors or debtors' charter?

By Pippa Ellis

The Insolvency Rules 2016 ("IR 2016") are due to come into force in England and Wales on 6 April 2017. Its purpose is to modernise and streamline the insolvency process in England and Wales in order to reduce the costs and potentially increase…

Ventra Investments Limited v Bank of Scotland

By Jonathan Brogden

Court strikes out parts of swap claim against bank In a recent decision in the Commercial Court, parts of a £81m claim against a bank relating to interest rate swaps have been struck out. Background Bank of Scotland ("BOS") began lending money…

FOS jurisdiction in the limelight as High Court Judge considers that the relationship between what is fair and reasonable, and what the law lays down, is not altogether clear

By Jonathan Brogden

The High Court has confirmed that the Financial Ombudsman Service ("FOS") does have to consider relevant law when considering complaints but does not have to apply it strictly if in the view of the Adjudicator, it would lead to a conclusion contrary…

SFO continues crack down on Unregulated Collective Investment Schemes with investigation into Ethical Forestry Limited's alleged fraudulent scheme

By Laura Berry

The SFO announced this month that it has opened a criminal investigation into an alleged fraudulent investment scheme marketed by Ethical Forestry Limited and its associated companies. The FCA also carried out an investigation into these companies…