Regulatory and white-collar crime in Jersey

Baker & Partners

Baker & Partners houses some of Jersey’s leading regulatory and white-collar crime specialists, including co-heads Simon Thomas and William Redgrave. The team is currently instructed by the Jersey government in high-stakes regulatory breach prosecutions under POCA; similarly, the group regularly represents global financial institutions in JFSC investigations and subsequent actions. Fellow co-head Stephen Baker’s anti-corruption and KYC knowledge is highly sought after by international government departments and municipalities. Promoted to partner early in 2021, Lynne Gregory has a broad set of expertise encompassing asset tracing, fraud and shareholder disputes.

Practice head(s):

Stephen Baker; Simon Thomas; William Redgrave

Other key lawyers:

Lynne Gregory

Key clients

HM Attorney General of Jersey

Work highlights

  • Conducted the Attorney General’s reference to the Court of Appeal seeking to establish the proper limits of the customary law offence of Fraudulent Conversion.
  • Handled an appeal to the Court of Appeal against a confiscation order in the Proceeds of Crime Law concerning the extent to which outstanding tax liabilities should be taken into account when assessing realisable property.
  • Handled a successful prosecution of a Jersey professional trust company for breaches of Proceeds of Crime Law by failing to have effective policies and procedures to combat money laundering.

Carey Olsen

Notable clients of Carey Olsen’s contentious regulatory practice include regulated financial services institutions and online gambling companies. Representative matters saw William Grace (who is 'an encyclopaedia of legislative and regulatory laws') acting for international banks in AML prosecutions initiated by the Attorney General, while practice head Marcus Pallot successfully represented regulated investment business entities against JFSC enforcement actions regarding high-risk stock investments. Oliver Lindop is a key senior associate who recently advised on a judicial review into a contested TIEA notice. The team also provides non-contentious support on internal regulatory compliance issues.

Practice head(s):

Marcus Pallot

Other key lawyers:

William Grace; Oliver Lindop

Testimonials

‘There is a real depth in the knowledge of the spirit of the regulatory framework. This understanding helps Carey Olsen provide meaningful and commercial advice giving their clients and industry a clear direction.’

‘William Grace – he is an encyclopaedia of legislative and regulatory laws.’

‘Always willing to discuss matters and will look at the whole picture rather than just concentrating on a single matter.’

‘Sound and experienced legal advice backed up with strong commercial acumen and a good understanding of their client’s specific/practical needs in any given situation.’

‘I have worked with William Grace in the regulatory practice on a number of matters and have always found his advice to be business focused and practical. William’s knowledge of the rules and their application is second to none and he is able to be very clear and is able to distil complex challenges into layman’s terms.’

‘The team is always available to discuss regulatory issues and also make us understand the challenges that may be encountered in resolving the issues. Their knowledge of the underlying laws is particularly impressive within the firm and Carey Olsen remain our key ally in staying abreast of current and future legislative changes.’

‘There are two key individuals within the firm that I would consider go-to partners, namely William Grace and Marcus Pallot. William Grace is always the first point of contact in relation to reciting and understanding the regulatory framework that we operate under in Jersey. Marcus provides the “air cover” when I am unable to locate William and is both concise and decisive when we need action.’

‘Oliver Lindop is very practical and calm. Very responsive.’

Key clients

ADCB

Brooks Macdonald

Fairway

LGL Trustees

Work highlights

  • Defending LGL and Abu Dhabi Commercial Bank in high-profile prosecutions for breaches of the Money Laundering Order, the key AML legislation which the industry has to comply with.
  • Resolving a long-running regulatory investigation for Brooks Macdonald.
  • Acted for a trust company on the Jersey aspects of a high-profile Vatican scandal involving London property investments.

Mourant

At Mourant, contentious regulatory mandates are led by Mathew Cook, whose primary strengths include representing the interests of financial institutions in freezing orders and challenges to information requests under the TIEA framework. Heading up the non-contentious contingent, Simon Gould (who is 'extremely personable and technically brilliant') advises global banks, insurance companies and other regulated entities on licensing requirements, AML obligations and the restructuring of regulated corporate businesses. With 'extensive knowledge and a safe pair of hands', Sarah Huelin is another key partner for non-contentious work, often advising on the transparency issues of beneficial ownership.

Practice head(s):

Mathew Cook; Simon Gould

Other key lawyers:

Sarah Huelin

Testimonials

‘The team is a joy to work with and is the biggest hitting and specialist financial services regulatory team in the Channel Islands.’

‘They provide focused and succinct advice on complex compliance and regulatory matters. They are specialists in their field. Key individuals include Simon Gould (extremely personable and technically brilliant) and Sarah Huelin (extensive knowledge and safe pair of hands).’

‘In addition to their depth of technical knowledge it is their ability to listen and understand the issue or query so they can ensure their advice and guidance is appropriate and accurate. Their willingness to engage, discuss and debate means their clients fully understand the issue and resolution being put forward.’

‘This team are a cohesive group who clearly work effectively together, in a modern and effective manner. They are innovative and forward thinking and seek to bring their experience and their learning from other relevant departments to bear in their regulatory and white-collar crime work.’

‘Matthew Cook leads the contentious regulatory side, and has become the go-to person in Jersey for businesses and individuals facing regulatory or financial crime issues. I have experience of him dealing with matters raised by the JFSC, the Attorney General or directly by clients. He provides reassuring and commercial advice to identify the multiple risk issues which may arise. He guides his clients through the best way to tackle each issue to achieve the best outcome.’

‘Simon Gould and Sarah Huelin lead the non-contentious side of the team. They have genuine expertise in financial services regulation built up over many years. They have been involved in the development and implementation of a number of key pieces of financial services regulation over the years and I know they have been instrumental working with government and the regulator in that regard.’

‘Mathew Cook is a well-rounded partner who gives commercial and pragmatic advice. He is proactive and sensible and steers the client through the sometimes uncharted waters of the regulatory space.’

Key clients

H1 Trust Company Limited

Triton Administration (Jersey) Limited

Jersey Financial Services Commission

The Royal Bank of Canada

Work highlights

  • Advising H1 Trust Company Limited on a trust structure subject to a foreign freezing order and potential criminal confiscation.
  • Advising a North American bank on the sale of a regulated part of its business with assets under administration of £11bn.
  • Represented Triton Administration in a challenge to a notice under the TIEA regime.

Oben Law

Boutique dispute resolution firm Oben Law is home to David Wilson, one of Jersey’s leading regulatory and white-collar crime experts. Global financial institutions, trusts companies and professional services companies instruct the firm in asset tracing and recovery actions, AML investigations, bribery and corruption allegations, sanctions, and all other similar issues. The team also sits on the legal panel of the JFSC. The Oben Regulatory consultancy wing — which houses chartered accountants and former members of the JFSC — provides strategy, training and due diligence services; Nicola Ingram and Jamie Biddle are key directors.

Practice head(s):

David Wilson

Other key lawyers:

Nicola Ingram; Jamie Biddle

Testimonials

‘Oben Law are, in my view, a provider of choice as they are straightforward, dynamic and client-focused. Their response times, business acumen, industry knowledge, appropriateness of advice, strength-in-depth of team, and value for money make Oben Law our default go-to legal provider.’

‘David Wilson’s experience in regulatory and white-collar crime matters makes Oben very strong. I am sure that the depth of regulatory knowledge across the Oben team, which includes Nicola Ingram who was with the JFSC for years, is also very helpful in solving complex regulatory and white collar crime questions.’

‘David Wilson is completely unflappable and very practical. He works through difficult legal problems methodically and always with an eye for the pragmatic solution. David wears his skills and experience very lightly and is a pleasure to work with. His diplomacy is particularly useful in the regulatory context.’

‘Oben has a very strong regulatory practice indeed in terms of quality and knowledge, I would say the best in Jersey.’

‘Nicola Ingram is someone who can quickly and in detail examine complex structures and arrangements, highlighting the risks and issues that need to be dealt with. Jamie Biddle has a commercial confidence that puts clients at ease.’

‘Oben Law has been exceptional in their service offering, their understanding of the subject matter presented to them and for providing a quick turnaround when required. The team work very well together drawing from their diverse skills to give an all-round measured response to any matter raised.’

‘The ability to deliver end-to-end financial services regulatory advisory and remediation services is what sets Oben Law and Regulatory apart from other dispute resolution practices in Jersey. In particular, the ability to access high-quality Jersey lawyers and regulatory specialists under one roof is truly unique.’

‘David Wilson, Jamie Biddle and Nicola Ingram are all exceptional. What makes them different from competitors is their ability to formulate commercially relevant solutions for clients to the most complex of technical legal and regulatory problems.’

Key clients

GFSC

JFSC

Zedra

Sanne Plc

TMF

Fiduchi

Aqua

Equiom

Oak Group

Work highlights

  • Acted for a corporate trustee of a trust holding sovereign wealth, in respect of sanction issues against the country.
  • Acting for financial services business TMF in the second civil penalty imposed in Jersey.
  • Acting for a financial services business in regards to directions issued by the JFSC, providing advice and remediation support.

Advocate Davida Blackmore

At Advocate Davida Blackmore, sole practitioner Davida Blackmore is one of Jersey’s leading data protection regulatory experts and is retained by local and international companies, as well as public authorities, for advice on regulatory compliance issues, reporting requirements, subject access requests, data breaches, and all other related advice.

Practice head(s):

Davida Blackmore

Testimonials

‘This practice led by Davida Blackmore is outstanding, Davida and the team go the extra mile and look after clients as if they were family and work alongside us to help achieve our goals quickly and with the level of accuracy you would expect from a much larger firm.’

‘I am so happy that we work with Davida Blackmore and her firm and since doing so we feel assured that we are looked after and that we have the advice on hand that we need.’

‘The clarity and directness that Davida Blackmore deals with is valuable and something I have personally looked for from legal counsel for years.’

‘Davida Blackmore is the only niche/boutique data protection firm in the island. She is very progressive in terms of her use of technology, etc.’

‘Davida Blackmore is a true expert in her field with a unique position and perspective as legal counsel to the local regulator.’

‘As well as an extremely capable legal advisor, Davida Blackmore is also a genuinely nice person, very personable and always thinks of others before herself. She has provided training for our case officers, developed new policies and procedures for case handling and has been a huge asset to the team. I am personally not convinced we would have been able to secure better services elsewhere.’

‘Ms Blackmore offers a highly personable, no-nonsense approach to client service which quickly generates trust.’

Key clients

Jersey Office of the Information Commissioner

Work highlights

  • Providing advice and assistance to the Jersey Office of the Information Commissioner regarding its regulatory functions under the Data Protection (Jersey) Law 2018, the Data Protection Authority (Jersey) Law 2018 (and Regulations thereunder) and the Freedom of Information (Jersey) Law 2011.
  • Advising a number of firms/lawyers on general data protection compliance issues, policies and procedures and providing bespoke training to in-house DPOs and staff.
  • Advising a local organisation on a hack of its systems, including strategy for responses to affected data subjects and reporting requirements.

Bedell Cristin

Bedell Cristin’s regulatory and compliance offering is headed up by Edward Drummond and Martin Paul, who are retained by regulated telecoms and insurance entities to provide competition and broader governance advice. Richard Le Liard contributes financial regulation knowledge. Contentious and non-contentious support concerning limited investment partnerships is a particular strength. Litigation partners Robert Gardner and David Cadin lead on white-collar crime proceedings; recent instructions relate to handling $1bn fraud and criminal freezing orders for multinational banks.

Practice head(s):

Edward Drummond; Martin Paul

Other key lawyers:

Richard Le Laird; Robert Gardner; David Cadin

Testimonials

‘Robert Gardner is consistently very high in his commercial and legal judgement.’

‘The Bedell Cristin team understand our business and are very easy to deal with. They speak to us in plain language that is easy to understand and are always pragmatic in their approach to providing legal advice.’

‘Our business is complex and the team at Bedell Cristin have built up a deep understanding of our business and therefore are able to support us in a way we have not experienced from any other Jersey firm.’

‘Bedell Cristin provides both a flexible and commercial approach to its clients while providing a very professional service.’

‘In all dealings, in respect of complex regulatory matters, advice has been provided in a timely manner whilst remaining straightforward and succinct.’

‘Richard Le Liard stands out – he has been contactable at short notice, is amiable, and shows a high level of knowledge.’

‘This firm provides simple, clear and practical advice. Its strengths are the ability to understand a company’s needs and tailor their advice to ensure that there is a clear balance between the commerciality and practicality of the client’s needs.’

Key clients

JT

Atlantic Leaf

EC Insurance and Markel Insurance

Rradar

Credit Suisse (Singapore)

Privat Bank

Harbour Litigation Funding

Alpen Partners Limited

Oakbridge Fund Services (Jersey) Limited

Work highlights

  • Advising telecoms company JT on a range of complex regulatory and governance matters.
  • Devised a law governing how to hold a scheme meeting during a pandemic as part of a £152m members’ scheme of arrangement for Atlantic Leaf.
  • Acting for PrivatBank pursuing fraud claims in Jersey of over $1.2bn.

Ogier

Ogier’s regulatory group provides a broad client roster of regulated financial services entities with contentious and non-contentious regulatory advice. Ongoing mandates for co-heads Nick Williams and Matthew Shaxson include defending clients in enforcement actions and investigations by the JFSC, as well as providing guidance on internal AML and sanctions compliance issues.

Practice head(s):

Nick Williams; Matthew Shaxson

Testimonials

Sensitive, highly focused and clear advice delivered with skill and tact.

Ogier are market leaders in banking and finance and regulatory law. Their advice is pragmatic, easy to digest, timely and well considered. They have a deep bench from partner to associate and the team are approachable and well liked.

Matt Shaxson is Ogier’s go-to regulatory and corporate expert. Not often you get the unique quality combination of a commercially minded lawyer who at the same time is technically gifted, particularly in a large firm which also has the benefits of well-resourced, attentive and technically competent senior and managing associates.

Work highlights

  • Advised a Jersey trust company on an immediate response to substantial JFSC concerns and the steps to be taken to remediate those concerns.
  • Advising a financial services client from the outset of its first referral to JFSC enforcement.
  • Assessing possible instances of criminal intermeddling and advising on how to engage with the authorities for an international financial services group.

Steenson Nicholls LLP

Paul Nicholls and David Steenson comprise the regulatory and white collar partnership at Steenson Nicholls LLP, receiving instructions from foreign governments, beneficiaries and Jersey-based families. The team is currently defending clients in litigation pertaining to global fraud and fiduciary breaches, and also acts in asset forfeiture proceedings. Principle associate Nicholas Mière supports the team in professional negligence cases.

Practice head(s):

Paul Nicholls; David Steenson

Other key lawyers:

Nicholas Mière

Testimonials

Paul Nicholls inspires confidence. He is quick witted and enthusiastic as well as determined and seasoned. He obviously really cares about what he does.

The range of criminal and regulatory work is broad, and the subject matter of the highest quality and interest. The firm is a recognised leader in its jurisdiction, and quite rightly so. Strong, expert advocates, and excellent advisory services.

Paul Nicholls leads from the front. An impressive tactician, and a formidable presence. Clients feel immediately that they have an expert on their side.

David Steenson- personable, pragmatic, very experienced and able to explain complicated concepts very simply and intelligibly; a sign of someone who really knows their subject. Nicholas Mière – personable, intelligent and showed excellent case management skills. together they made an excellent team.

Nicholas Mière is a first-class advocate. Highly prepared, highly persuasive and very articulate.

Key clients

Guardian Global Capital (Suisse) SA

Work highlights

  • Representing the former Attorney General of Kenya in CMC Holdings Limited and CMC Motor Group Limited v Forster and others in connection with proceedings for fraudulent breach of fiduciary duty, unjust enrichment and knowing receipt.
  • Representing a Swiss trust company in connection with judicial review proceedings to challenge the extra-territorial validity of a compulsory notice to produce documents served by the Jersey Financial Services Commission in relation to an investigation of unauthorised financial services business.
  • Representing the former head of BDO Jersey in connection with criminal and civil proceedings for fraud, falsification of accounts and fraudulent conversion. Also represented the intervenors in the proceedings.

Ardent Chambers

Ardent Chambers is retained by a range of companies and government departments for advice and training on anti-bribery, anti-corruption and financial sanctions matters. On the contentious side, practice co-heads Howard Sharp, Caroline Dutot and Mike Cushing act in POCA prosecutions and multijurisdictional fraud investigations.

Practice head(s):

Howard Sharp; Caroline Dutot; Mike Cushing

Testimonials

‘Excellent knowledge of regulatory issues facing financial services firms.’

‘Caroline Dutot has a wealth of experience and having worked for the regulator she brings the unique combination of commercial understanding with a regulatory outlook.’

Key clients

Law Officers Department Jersey

Law Officers Department Guernsey

Jersey Financial Services Commission

Jersey Competition Regulatory Authority

Garfield Bennett Trust Company

APKS

Hawk Lending Limited

Work highlights

  • Acting for the Law Officers Department Jersey on the prosecution of a Jersey registered company that was used by senior public officials in Kenya to launder the proceeds of corruption.
  • Instructed by the Law Officers Department Guernsey to conduct a review of all SARs filed with the FIU in Guernsey from 2016-2019 in order to report as to whether these reports ought to have triggered criminal investigations and the confiscation of the proceeds of crime.
  • Representing the JFSC in a judicial review seeking to challenge the lawfulness of the authority’s use of its compulsory powers and if those powers have extra territorial effect.