Baker & Partners is often instructed to investigate and prosecute cross-border cases concerning fraud and mis-selling of investments, in addition to being tasked with co-ordinating international enforcement orders and asset recovery efforts. The practice is also sought out by financial services companies for advice on regulatory risks, including AML procedures, and regularly represents clients under investigation by regulators. Simon Thomas is an external crown advocate, frequently acting on white-collar crime instructions from the attorney general. William Redgrave is also a crown advocate, prosecuting companies whose AML procedures fall below required standards, as well as assisting clients with their internal AML procedures, including in relation to digital currencies. Stephen Baker
specialises in anti-corruption measures and international asset tracing, while Lynne Gregory has extensive experience in fraud claims and insolvency matters.
Regulatory and white-collar crime in Jersey
Baker & Partners
Practice head(s):
Stephen Baker; Simon Thomas; William Redgrave; Lynne Gregory
Key clients
Attorney General – Lumiere Wealth
Viscount of Jersey
Attorney General – Prosecution of ROK Homes
Attorney General – Darius Pearce
Work highlights
- Instructed by the Attorney General and the Viscount of Jersey in relation to the enforcement of the confiscation order imposed following the conviction of the principal of Jersey-based Lumière Finance for mis-selling offences.
- Acting for the Viscount of Jersey in proceedings brought by the Attorney General to preserve trust assets in Jersey for the purpose of enforcement of criminal confiscation orders following criminal convictions in Indonesia.
Bedell Cristin
Bedell Cristin‘s practice covers the full spectrum of regulatory and white-collar issues, ranging from data protection and bankruptcy, to fraud. The firm has also seen a marked increase in sanctions-related instructions. Edward Drummond heads the team, handling insolvency and regulatory matters in addition to white-collar criminal cases. Counsel Michael Gradidge, who joined the firm from Pogust Goodhead in November 2022, is an administrative law specialist, with particular expertise in challenges to tenders handed out by governments. David Cadin was appointed Master of the Royal Court in December 2022.
Practice head(s):
Edward Drummond
Other key lawyers:
Michael Gradidge
Testimonials
‘Good knowledge of Jersey regulatory and insolvency law and simple-to-follow advice on relevant options. Always provide a commercial answer as well as a legal answer and are responsive.’
‘Edward Drummond is regularly sounded out for legal and commercial advice in relation to Jersey regulatory and insolvency issues.’
Key clients
Harbour Litigation Funding
Liquidators of Alpen Partners Ltd
PrivatBank
Work highlights
- Acted on behalf of Harbour Litigation Funding in the £1.2bn Jersey bankruptcies against Dr Cochrane and Orb, and the related saisie over the assets of convicted fraudster Gerald Smith.
- Acted for the Grant Thornton liquidators of Alpen Partners, pursuing claims against former directors linked to an alleged fraud.
- Acted for Ukrainian bank JSC Commercial Bank PrivatBank in Jersey enforcement claims of £2.6bn.
Carey Olsen
The regulatory and white-collar crime team at Carey Olsen represents clients across a broad spectrum of civil and criminal matters, ranging from AML reporting obligations and investigations, to sanctions, compliance, asset recovery and MLAT cases. The practice also assists clients with the regulatory aspects of their daily operations, including in niche sectors such as the cannabis industry. Leading the team is Marcus Pallot, who represents clients in proceedings brought by the JFSC and has particular expertise in the e-gaming sector. William Grace has extensive experience in AML and corruption matters, sanctions and reporting duties. Huw Thomas , whose practice revolves around employment issues in the financial services industry, was made partner in January 2023. Counsel Oliver Lindop focuses on financial regulations and regulated industries.
Practice head(s):
Marcus Pallot
Other key lawyers:
William Grace; Huw Thomas; Oliver Lindop
Testimonials
‘The team has an intrinsic knowledge of the regulatory framework. By understanding the spirit with which it operates, they are able to help clients navigate the complexities thereof.’
‘William Grace is widely recognised as the expert in this field. He is able to blend the regulatory and commercial angles to provide clear advice, helping his clients to move forwards in a compliant and sound way.’
‘The team includes the most experienced practitioners in this space in Jersey. Their breadth of experience both in and out of the courts together with their broad client base allows for strong parallels to be drawn to practical application of legislation to our own situation. They draw on experts across their service areas to provide a holistic response that is based on strong technical analysis across multiple disciplines.’
‘William Grace is a renowned technical expert in his field. He has the ability to address boards, technical compliance professionals and more junior staff members in a way that conveys appropriate understanding of the issues at hand. He offers pragmatic advice that steers the recipient towards the best case scenario of action to take, whilst giving an understanding of all of the options available.’
‘Oliver Lindop has a strong ability to discuss technical matters whilst ensuring that other relevant aspects for consideration are also covered. Oliver is great at highlighting the key points to an issue, allowing us the option of exploring those most relevant to our need for advice or making a quick decision that then negates the need for detailed advice on particular topics, which of course helps in being cost-effective for his clients too.’
‘Great expertise and client base. Available with excellent market practice.’
‘The team offers excellent insights into regulatory and white-collar crime practices. They have a clear understanding of our business and the areas to focus on, and work in a very collaborative manner.’
‘William Grace is exceptional at reading a position, interpreting what is required and removing noise from a situation.’
Key clients
UK government
Accuro
Alter Domus
Aztec
Brooks Macdonald
Butterfield
Crestbridge
Fairway
FCM
Fides
Goldmoney
Hawksford
IQEQ
Intertrust
JTC
Langham Hall
Lloyds Bank
Nordic Capital
Rawlinson & Hunter
RBSI
Royal Bank of Canada
Saltgate
Apex
Stonehage Fleming
TMF
UBP
UBS
Vistra
Work highlights
- Acted for the UK government in relation to a sanctions matter.
- Acted for a client in relation to the criminal investigations and prosecutions of Glencore.
Mourant
Mourant‘s regulatory team comprises experts in both contentious and advisory matters. The group advises on the establishment and operation of regulated Jersey structures, as well as representing them when facing investigations or prosecutions concerning tax and AML issues, and acting in cases where financing of terrorism is suspected. Mathew Cook leads on contentious matters, representing clients facing investigations or prosecutions in relation to AML regulations, sanctions matters and data protection issues. Simon Gould and Sarah Huelin lead the firm’s non-contentious matters, with the former handling restructuring and licensing matters, while the latter advises on international marketing, licensing and AML obligations. Counsel Laurie Child advises on information law and senior associate Jula Le Cornu assists clients navigating Jersey’s financial services regulations.
Practice head(s):
Mathew Cook; Simon Gould; Sarah Huelin
Other key lawyers:
Laurie Child; Jula Le Cornu
Testimonials
‘Excellent technical knowledge.’
‘Simon Gould and Mathew Cook are excellent, user-friendly practitioners.’
‘Mourant are market leaders in the Jersey regulatory space and our ‘go-to’ firm in this practice area. They host a brilliant periodic ‘Fin Reg’ forum for clients, summarising key legislative and regulatory updates – not to be missed!’
Key clients
Triton Administration (Jersey) Limited
JP Morgan
Morgan Stanley
Jersey Financial Services Commission
H1 Trust Company Limited
Concentric Financial Services Limited
Standard Chartered Bank Jersey
Work highlights
- Represented Triton Administration (Jersey) in challenges to tax information exchange agreements.
- Represented H1 Trust Company in a case where a freezing order had been applied as a result of potentially tainted assets.
- Defended Concentric Financial Services, before an employment tribunal, against claims made by an ex-employee.
Oben Law
Oben Law
is instructed by a notable roster of financial services clients - including banks, trust companies and insurers - to handle regulatory investigations and enforcement proceedings, in addition to criminal prosecutions. Leading the team is David Wilson, who acts for the Viscount of Jersey in regard to bankruptcy issues, as well as acting in AML, sanctions, bribery and corruption matters. Jamie Biddle represents clients facing regulatory reviews, including enforcement and compliance proceedings.
Practice head(s):
David Wilson
Other key lawyers:
Jamie Biddle
Testimonials
‘The team is first-rate. They are knowledgeable and able to provide technical advice and guidance in a practical way that enables us to act quickly. They have a detailed understanding of the regulatory environment and have helped us to navigate interactions with the regulator in a positive and collaborative fashion.’
‘They are exceptionally experienced, knowledgeable and commercial. They are always available and provide a value add service.’
‘David Wilson makes the practice unique. His knowledge, experience and pragmatism are unrivalled. The wider team are very collaborative.’
‘David Wilson is a problem solver. He does not grandstand or pontificate but rolls up his sleeves to look for the sensible solutions to difficult problems.’
‘The team is always approachable, knowledgeable and willing to assist where they can.’
‘David Wilson is always available to assist with any queries we may have and we have no hesitation in referring himself or the practice to our clients.’
Key clients
Zedra
TMF
Fiduchi
Aqua
Sanne PLC
Equiom
Oak Group
GFSC
JFSC
Advocate Davida Blackmore
Advocate Davida Blackmore advises corporate, charitable and government clients on the full spectrum of data protection and information law matters, with Davida Blackmore counting the Jersey Office of the Information Commission among her clients. Both civil and criminal sanctions arising out of data protection and freedom of information laws are also areas of strength, as is acting for individuals seeking to enforce their rights against organisations that hold or process data pertaining to them.
Practice head(s):
Davida Blackmore
Testimonials
‘Adv. D Blackmore provides us with a particularly bespoke service; she is extremely knowledgeable but most importantly understands our requirements and effectively communicates options and reasoning. Adv. Blackmore approaches her role with an holistic approach, listening and supporting. She has helped us to develop technological solutions to our challenges.’
‘Adv. Blackmore is extremely personable, considered, applies her knowledge to evaluate our needs and then communicate in a sensible, timely and non-legalist way to allow us to make informed decisions. Adv. Blackmore has helped us to shape our systems and is a respected lady who we are proud to work with.’
‘Attention-to-detail, friendly service and, at the same time, clear-sighted in getting the best outcome for clients.’
Key clients
Jersey Office of the Information Commissioner
Durrell Wildlife Conservation Trust
Marbral Advisory
Work highlights
- Advised the Jersey Office of the Information Commissioner on its regulatory functions under the Data Protection (Jersey) Law 2018, the Data Protection Authority (Jersey) Law 2018 and the Freedom of Information (Jersey) Law 2011, including acting in appeals issued to the Royal Court.
- Handled a contentious subject access request for Durrell Wildlife Conservation Trust.
- Advising a local law firm on an alleged breach of personal data.
Ardent Chambers
Structured in the style of an English barristers’ set, Ardent Chambers specialises in courtroom advocacy and dispute resolution, representing clients in regulatory investigations, as well as asset recovery, AML and fraud cases. Howard Sharp KC, a former solicitor general, handles both criminal and civil fraud cases, in addition to acting in matters concerning international corruption. Caroline Dutot acts at the intersection of regulatory and employment law. Mike Cushing advises trust administrators on issues concerning sanctions, as well as frequently assisting banks with Jersey regulatory issues. Michael O’Connell is instructed in both criminal and civil matters, including fraud and trusts disputes with a regulatory aspect.
Practice head(s):
Howard Sharp KC; Caroline Dutot; Mike Cushing; Michael O’Connell
Testimonials
‘Partner engagement, real expertise and experience, and a practical and commercial approach.’
‘Mike Cushing get great results, is technically excellent and is a pleasure to deal with.’
Key clients
Law Officers Department Jersey
Jersey Financial Services Commission
Jersey Competition Regulatory Authority
Chelsea Football Club
Work highlights
- Advised Chelsea Football Club on Jersey regulatory issues tied to its sale.
- Represented a party involved in the Jersey Roman Abramovich investigation.
Ogier
Ogier‘s team assists regulated Jersey companies with AML duties and obligations, and is also adept at supporting financial services clients’ applications for registrations and licensing. In addition, the practice represents clients subject to investigations and enforcement actions. Leading the team are Nick Williams, who handles regulatory and sanctions matters, and Matthew Shaxson, an AML and competition specialist. James Angus is another key contact.
Other key lawyers:
James Angus
Work highlights
- Advising multiple regulated Jersey businesses on AML issues where wrongdoing, including fraud, has been alleged.
- Advising several Jersey trust companies on sanctions issues.
- Provided contentious regulatory advice to regulated businesses on duties under the Codes of Practice, and handled liasing with regulators in the context of enforcement action.
Walkers
Walkers specialises in assisting financial services clients with all manner of regulatory issues, advising on AML obligations, new products and services, as well as defending clients facing investigations and enforcement proceedings. Leading the team are Dilmun Leach, who handles advisory regulatory matters, including queries on AIFMD regulations and development of asset classes such as cryptocurrencies and NFTs, and Nigel Sanders, who handles competition proceedings and fraud matters. Senior counsel Tom Fothergill advises clients on their responsibilities under Jersey’s financial services regulatory regimes and also has expertise in matters of financial crime, investigations and enforcement.
Practice head(s):
Dilmun Leach; Nigel Sanders
Other key lawyers:
Tom Fothergill
Work highlights
- Advised a global bank on breaches of Jersey AML regulations and represented it in resulting interactions with the regulator.
- Advised a global technology company on the regulation and use of non-fungible tokens.
- Advised a global payments platform on the regulation of payments in Jersey and the use of their platform in relation to gambling and the settlement of winnings.