Rahman Ravelli > Halifax, England > Firm Profile

Rahman Ravelli > Firm Profile

With offices in the City of London, across the UK and in European locations, Rahman Ravelli is a national and international leader in serious and corporate fraud, white-collar crime, bribery and corruption, regulatory matters, complex crime, civil recovery and commercial litigation.

Rahman Ravelli has grown rapidly and provides strategic advice to corporations and individuals. All matters are handled directly by a partner of the firm. As a conflict-free, boutique practice offering top-tier legal services, Rahman Ravelli is regularly engaged by other law firms to provide independent advice to senior executives and to handle discrete legal matters in jurisdictions around the world.

The firm: Since it was established in 2001, the practice has built an enviable reputation in the sectors it operates in. It has earned a strong national and international presence by defending the most significant, high-profile, multi-jurisdictional and multi-agency cases robustly and effectively and by managing high-stakes commercial litigation to obtain the best possible outcome. Its caseload here and abroad grows annually.

Its recent work includes some of the largest and most high-profile global corruption investigations, involvement in some of the UK’s first deferred prosecution agreement (DPA) negotiations and cross-border investment fraud cases. It has become increasingly popular with corporates and senior executives looking to investigate and self-report wrongdoing in order to achieve a civil, rather than a criminal, solution to a problem. The firm is also utilised by corporates and high net worth individuals for its investigative and legal expertise in international and multi-jurisdictional asset tracing and recovery work.

Its heightened US and European Union presence has seen an increase in both its Foreign Corrupt Practices Act workload and its cross-border investigation work. The firm is also at the forefront of cases linked to the investigations into the share selling practice known as Cum-Ex and is increasingly called upon to advise global companies and financial institutions regarding sanctions compliance.

The firm’s representation of clients has also led to a string of notable firsts in cryptocurrency cases in 2020 and 2021.

Rahman Ravelli’s track record of success, ability to recruit top-ranking lawyers, expertise and attention to detail have led to it being recommended to others by past and present clients, other law firms and professionals. Its strong, innovative and robust, proactive approach coupled with its network of worldwide experts has attracted clients from all over the world who need to resolve bribery and corruption allegations, corporate matters, tax investigations and regulatory issues. The firm is available around the clock and anywhere in the world to discuss its core specialisms of serious fraud, serious and white-collar crime, bribery and corruption and civil recovery, as well as defence against actions brought by regulatory bodies.

Types of work undertaken: The firm is known for its tenacious defence of clients’ interests in the face of attacks by governments and agencies. It regularly challenges allegations made by bodies such as the SFO, NCA, FCA and City of London Police and international organisations such as Interpol, FBI, OLAF and the SEC.

Fraud: Rahman Ravelli’s serious fraud expertise includes commercial fraud and business crime defence services, major tax fraud, international corruption and money laundering. SFO prosecutions are a speciality, with acquittals achieved in the UK’s largest-ever investment fraud trial and many large-scale, high-profile cases. HMRC defences, MTIC fraud and BIS, DTI and OFT investigations are handled by its experts.

Bribery/corruption: Rahman Ravelli works on bribery and corruption cases here and overseas that routinely involve billions of dollars, governments and companies of all sizes and from all industry sectors. It advises international companies regarding compliance and internal investigations. The firm’s client list includes corporates and professionals from all sectors, senior officials, high-net-worth individuals and members of the public being investigated by one or more agencies. Its caseload sees it representing the likes of lawyers, IFA’s, accountants, surveyors and bankers, as well as those working in the health and education sectors, charities, the Royal household, forex, pensions, mining and environmental schemes, motor transport and real estate.

Property fraud: Rahman Ravelli handles many of the biggest property fraud cases, including one which almost collapsed a major high-street bank. Rahman Ravelli regularly handles FCA matters and is instructed in major investment fraud cases involving hundreds of millions of pounds.

Regulatory: The firm’s regulatory department handles national and international cases; representing professionals and advising companies, including PLC’s, on corporate risk. Its serious crime expertise includes experience of complex, large-scale conspiracy allegations. The firm has developed specialist knowledge in tackling covert policing evidence relating to the right to privacy; including directed and intrusive surveillance, covert human intelligence sources and entrapment issues – techniques increasingly adopted by investigative bodies. The practice has experience in the fields of abuse of process and public interest immunity. Its case of R v H and C established the law in this area in the House of Lords in 2004. The case is the leading authority on disclosure and brought about a sweeping change regarding prosecution obligations on disclosure – an area where the firm excels.

Civil recovery: Rahman Ravelli’s expertise includes NCA, SFO, HMRC and CPS cases, here and abroad. Its powerful defence arguments saw it take the case of Gale to the Supreme Court and the European Court of Human Rights to protect the clients’ assets. The case defined important civil recovery issues and was the first such case to reach these courts. It also handles cases that involve unexplained wealth orders, which give authorities the chance to take assets from those they suspect of wrongdoing.

Commercial litigation including civil fraud: The firm regularly and aggressively challenges worldwide freezing orders, defends multijurisdictional actions and pursues corporate wrongdoing. Rahman Ravelli is adept at bringing civil fraud proceedings and conducting asset tracing and recovery actions for clients globally.

Lawyer Profiles

Photo	Name	Position	Profile
	Niall Hearty	Niall Hearty is a legal director at Rahman Ravelli. His in-depth corporate…	View Profile
	Syed Rahman	Syed Rahman is a partner at Rahman Ravelli and is recognised as…	View Profile
	Mr Aziz Rahman	As founder and senior partner at Rahman Ravelli, Aziz Rahman orchestrates the…	View Profile
	Nicola Sharp	Nicola is a partner at Rahman Ravelli. She is known for her…	View Profile

Interviews

Aziz Rahman, Senior and managing partner

Since founding business crime solicitors Rahman Ravelli in 2001, Aziz Rahman has overseen its rapid rise to prominence. Having won a number of awards and secured consistently high rankings in national and international legal guides, he took time to talk to The Legal 500.

What do you see as the main points that differentiate Rahman Ravelli from your competitors?

Rahman Ravelli is known for being passionate and driven in support of its clients and for securing the best outcome in all of its cases. Whether they be the biggest global corruption cases or large, complex or multijurisdictional investigations, we get stuck in and come up with innovative strategies for them. We can call on the best QC’s, experts and other professionals to build the strongest possible team for clients.

Our reputation has grown because we have been at the forefront of major cases and the big legal issues as they develop. Whether it is mounting a powerful defence in a complex case, trying to obtain a deferred prosecution agreement (DPA) for a client, carrying out internal investigations or devising procedures to prevent workplace legal problems, we make no apology for being at the cutting edge.

Satisfactory is not enough for Rahman Ravelli. We secure the very best outcome every time, either through negotiation and cooperation with the authorities or through robust, proactive defending that is bespoke to that client. This is achieved because we insist on having the best lawyers and working with only the highest-quality counsel.

This means we are in increasing demand to conduct internal investigations for corporations, professionals, directors and other senior business and financial figures.

Many in business see us as the firm to go to if they fear the effects of tighter regulation. We do what we say, have the experience and expertise to back up our claims and we deal with the likes of the SFO, FCA, NCA, City of London Police and other agencies all day, every day.

Which practices do you see growing in the next 12 months? What are the drivers behind that?

I believe we will continue our growth for the next 12 months. Simply because we have kept growing since the firm was founded in 2001. And fraud, bribery and business and financial crime have seen many changes in recent years; with new legislation and the authorities benefiting from more powers, better technology and increased cooperation between themselves.

I can see us taking on more work relating to obtaining deferred prosecution agreements (DPAs) over the next 12 months. The likely increased use of DPAs is likely to see more corporates requiring specialist legal advice on whether to seek one and, if so, how to go about it.

The past 12 months has certainly seen interesting developments in terms of DPAs:

* Three Tesco executives were acquitted of fraud that the company admitted was to blame for its accounting scandal when it reached its DPA with the SFO in 2017.

* Three former executives of Sarclad were cleared of bribery – three years after the technology company had reached a DPA regarding the allegations.

* The SFO dropped its investigation into individuals regarding systemic bribery at Rolls-Royce – two years after Rolls-Royce admitted there had been bribery when concluding a DPA with the SFO.

All these cases saw DPAs concluded for wrongdoing that nobody was convicted of – and that may see companies requiring legal expertise on the issue of whether to contest allegations rather than agree DPAs based on evidence that later proves inadequate to secure a conviction.

The SFO’s August 2019 issuing of corporate co-operation guidance will see companies seeking legal assistance regarding what they need to do to be seen to co-operate with the  agency in order to obtain the most favourable outcome. The guidance states, among other things, that organisations will be expected to provide certification by independent counsel that material is privileged, should consult with the SFO before interviewing witnesses and suspects and should provide the agency with industry knowledge while under investigation. Such requirements are likely to result in many needing advice on how to both interpret and comply with the guidance in order to self-report wrongdoing.

The demand for our internal investigations services is likely to keep growing. There is also the likelihood of increased demand for representation in tax investigations; as the fall-out continues from the Panama Papers and now the Paradise Papers.

We seem to be gaining more cross-border, global and multijurisdictional work. Certainly the bribery and corruption arena is producing increasingly involved cases. Whether they be in Africa, South America or, more recently, CIS countries, such cases are touching on vitally important sectors such as energy and natural resources.

In such cases, we can utilise the international network of high-quality professionals we have developed over the years. I see that trend continuing. This is partly because investigating authorities are cooperating more and more. But it is also because we have come to be viewed by many foreign firms as the ones to go to if they want advice or assistance on a case that has a UK connection.

What is unique about business crime? And how is this reflected in your work?

Business crime is an area of law that presents many challenges. And anyone operating in this field has to not only be able to meet these challenges – they must be able to master them in order to do the very best for those individuals and corporates that they represent.

Business crime encompasses a very large and very broad range of offences. There can be civil sanctions, civil settlements and criminal prosecutions. Cases can be brought against an individual, a company or both. Investigations can be conducted by one or more agencies, those agencies can be national or international bodies and the investigations can take place in a number of countries.

All this means that any business crime solicitor who wants to be at the top of the profession has to have a wide range of skills and in-depth expertise in a number of very important areas.

It goes without saying that such a solicitor needs to know every aspect of business crime law and must be able to utilise this swiftly, intelligently and forcefully in the very best interests of their clients. They must be alert to every possibility, able to determine the next likely move by prosecutors or investigators before it has happened and capable of always acting in a way that will maximise the benefit to their clients.

A business crime solicitor has to be able to instantly pinpoint the best course of action for a client and take immediate and appropriate steps to make it happen. This is not just about using a working knowledge of the law: it is also about recognising the options available, the best way of obtaining the best option for a client and the most suitable way to challenge or negotiate with the authorities.

In business crime, there can be considerable scope for negotiation with investigators. It is vital that any business crime solicitor identifies that scope and acts accordingly to secure the best outcome. If there is little or no scope for negotiation, then the solicitor will be using their legal expertise and skill to challenge all aspects of the allegations against their client. This is about so much more than simply disputing the claims. It can be about questioning the credibility of potential witnesses or evidence, bringing legal challenges to the way the investigators have conducted their investigation, coordinating a legal defence across borders and making strong, logical arguments to explain a client’s behaviour.

What must be remembered about business crime is that there can be both a criminal element and a civil element – and we manage both for clients. On the criminal side, we have a reputation for strong, intelligent representation of corporates, senior business figures and high net worth individuals who are the subject of allegations that can lead to an investigation and charges being brought.

But, on the civil side, such allegations can prompt major, high-stakes, cross-border commercial disputes between both organisations and individuals. In such situations, we have proved adept at tracing and recovering assets on behalf of those who have suffered losses and who wish to bring a civil fraud action against those they believe to be responsible. Conversely, we also have a track record to be proud of in defending the assets of those who are subject to civil fraud action as a result of being accused of being to blame for the losses incurred by others. We are also increasingly being sought to advise those who think they are about to be subject to an unexplained wealth order and / or the civil recovery powers that the authorities have under the Proceeds of Crime Act 2002 to seize assets of a company or individual that they believe to be the proceeds of crime.

What are the reasons for your firm’s growth?

In answering the previous question, I explained the challenges of business crime and how solicitors working in this area of law need to respond to them. I believe that Rahman Ravelli has thrived because we have been able to identify and employ the very best people to take on those challenges and succeed.

Obviously, we insist on our solicitors having an unrivalled knowledge of their areas of law and an unbeatable ability when it comes to using that knowledge effectively. But we only want people working for us who empathise with clients and who will go about their work with a zeal and determination to do the absolute best for those who have placed their faith in us. That means developing strategies for all stages of an investigation: from assessing the best way to stop it going any further through to acting tactically and intelligently when it comes to dealing with the authorities and their approaches at any point in their dealings with our client.

On a similar note, we have also built up a network of professional experts and lawyers based abroad who approach our cases with the same principled drive and ambition to succeed. At Rahman Ravelli, we have developed in a way that has ensured that we are fortunate and privileged to team up with such fantastic, driven professionals. They share our passion to achieve the very best for our clients.

These talented and enthusiastic individuals see what we are looking to achieve in national and international cases and work with us to do everything possible to reach our goals.

As a result, anyone coming into contact with Rahman Ravelli soon comes to understand that we leave no stone unturned for those we represent. I think that our reputation for being so thorough is what has seen the firm grow. It has been a growth due to word-of-mouth recommendations coupled
with the successes we have achieved for clients.

What is the next logical step for the firm?

The next logical step is to continue to handle each and every case with the same determination to succeed that I mentioned earlier. Every day brings new cases or developments in current cases: they are the next logical steps and the most important ones.

At Rahman Ravelli, we have individuals with business expertise who handle matters such as our recent move to bigger premises in London. All such projects are carefully considered and acted upon in the way that is most appropriate for the firm.

But for myself and everyone working with me, the most important, logical steps are the ones we take for the corporates and individuals we represent. They have belief in us – and we need to make sure we obtain the absolute best outcome for them.

If we keep doing that (and I know we will) then the company will continue to grow, we will continue to receive glowing write-ups in the legal guides and I will be satisfied.

What’s the main change you’ve made in the firm that will benefit clients?

At Rahman Ravelli, it’s about working hard and working smart for those we represent. We are protecting the rights of those individuals, companies and organisations. That never changes. There is rarely the need for major change here. Our determination to be at the forefront of our profession
means we are always fine tuning rather than making major changes.

Is technology changing the way you interact with your clients and the services you can provide them?

We use technology to help us gain the maximum benefit for clients. But it does not change the personal interaction with clients; which is of paramount importance to us.

From the electronic serving of huge amounts of paperwork through to more specific analytical tools, technology is a huge aid. But it does not replace or alter either the interaction we have with clients or the services we provide.

Can you give us a practical example of how you have helped a client to add value to their business?

We defend those who are facing major threats to their livelihoods, their businesses, their reputations and even their liberty. Our work is about protecting everything that is important to them rather than any idea of “added value’’.

Each case is different but our defence approach never changes. We do everything to proactively tackle our clients’ accusers and the allegations they make.

Our corporate internal investigations for clients help them identify wrongdoing and those responsible. This can save them huge amounts of money, prevent damage to reputations, keep organisations functioning properly and allow individuals to keep practising without fear of
disbarment by their professional body. This all goes beyond the issue of adding value to a business.

Are clients looking for stability and strategic direction from their law firms? Where do you see the firm in three years’ time?

Clients want the best possible outcome from the legal situation that they are in. We give them that.
We give them strong, intelligent representation tailored specifically to them. Stability for clients comes from us helping them understand what is happening and giving them the best chance of a positive result. Our track record shows that.

We are successful because we put together every case carefully, we appoint the right people to the team and we identify and pursue the most appropriate strategy. Stability for clients can only come from success in their case. We ensure that they have the best chance of success.

In 2022, I hope to be looking back on three more years of success and continuing our upward trajectory.

Press Releases

Trading Abroad And Money Laundering Risks

Aziz Rahman explains what those trading internationally need to do to ensure they are not targeted by money launderers.

The Future For Corporate Liability

With the government looking at how to change the law when it comes to prosecuting companies, Aziz Rahman considers the possibilities.

Payment Regulations And Compliance

Ben Ticehurst explains why new regulations regarding company payment practices are a sharp reminder of the need to be legally compliant.

Money Laundering Obligations And Property Professionals

With the housing market facing further scrutiny regarding money laundering, Aziz Rahman outlines what those working in the property sector must do to stay within the law.

The Rolls-royce Dpa – Lessons That Can Be Learnt

Aziz Rahman outlines the lessons that corporates and senior executives under investigation can learn from the huge Rolls-Royce bribery settlement.

Tackling Business Crime In Your Workplace

Failure to prevent fraud and other business crime can prove costly to companies. Ben Ticehurst and Aziz Rahman consider what can be done to identify wrongdoing and the options available when it is found.

Carbon Credit Fraud – Avoiding The Pitfalls

Neil Williams and Aziz Rahman explain the need to make sure your involvement in a carbon credits scheme stays on the right side of the law.

Defending Sfo Accusations

Aziz Rahman explains how the Serious Fraud Office (SFO) builds a case – and how it can be challenged.

Challenging Prosecution Allegations At The Investigation Stage

The Serious Fraud Office (SFO) has decided not to prosecute Soma Oil and Gas regarding corruption in Somalia, due to insufficient evidence. Aziz Rahman looks at what insufficient evidence means and how to challenge prosecution allegations.

Identifying And Investigating Investment Fraud

Autonomy’s chief financial officer has been charged with fraud over allegations he misled investors. But what is investment fraud? And what are your options if you are defrauded? Aziz Rahman and Neil Williams explain.

The Jp Morgan Scandal And The Definition Of Bribery

JP Morgan is paying $264M to settle allegations of bribery over its hiring of children of key Chinese decision makers to try and secure business. Aziz Rahman explains what constitutes bribery and how to prevent it.

Bringing A Private Prosecution

Aziz Rahman and Ben Ticehurst explain what you can do if you have fraud committed against you or your company.

Damage Limitation

Putting right the wrongs and minimising the damage when your company is accused of business crime.

Lengthy Sfo Investigations

Aziz Rahman considers whether SFO investigations could be concluded quicker.

Insolvency And Criminal Investigations

Rahman Ravelli’s Nicola Sharp and Syedur Rahman explain the importance of early legal advice when facing questions regarding a company’s collapse.

Preventing Fraud And Money Laundering

The government wants corporate executives charged when their staff carry out offences such as fraud and money laundering. How can you make sure you’re not one of those prosecuted?

Pensions and the risk of fraud

What those working in pensions must do to avoid being a victim of fraud – or being accused of it.

Why Those In Finance Must Tackle Money Laundering

With the authorities looking for more ways of tackling money laundering, Aziz Rahman explains why those working in finance must stop it for themselves.

Bitter Pill

Aziz Rahman explains why the latest pharmaceutical bribery scandal emphasises the need for companies to have a strong compliance policy.

No Avoiding It

Accountants and advisors could face tougher fines for helping clients avoid paying tax. So how can they make sure they do not fall foul of the law?

Fair Trade?

Aziz Rahman explains the difference between wrongful and fraudulent trading and outlines what those in business need to know to avoid being accused of either.

Collapse

Aziz Rahman examines some of the issues involved before, during and after a company collapses.

Legal Developments

The FCA’s Three-Year Strategy

Cryptocurrency and Jurisdiction

Allowing Spent Convictions to be Used as Evidence

Facilitating Tax Evasion

Technical breach of a freezing order

The High Court’s interpretation of insolvency on an insurance proposal form

European Union law, tax offences and subsequent money laundering

Freezing Orders and the Risk of Dissipation

Lafarge, Aldi, Uniqlo: Business and Human Rights Litigation Is Picking Up Throughout Europe

The European Union’s Plans for Cryptocurrency Transactions

Cryptocurrency and Anonymity

Insolvency Practitioners and DAML requests

Extension of time to serve a claim form

Breach of Trust

Treasury efforts to amend the Money Laundering Regulations 2017

FORUM NON CONVENIENS

The FATF and Proliferation Financing Risk

HMRC’s Approach to Obtaining Communications Data in Criminal Investigations

Cartel Behaviour: The Law and the Appropriate Response to It

THE CPS’ REVISED MONEY LAUNDERING GUIDANCE

Bringing Foreign Court Proceedings in Breach of a London Arbitration Agreement

Litigation privilege and the dominant purpose of correspondence

SPACs and the Need for Change

European Banking Authority AML/CFT Guidelines

The Bongo family’s assets and BNP Paribas

Double jeopardy and Interpol red notices

Judgements in rem

THE FCA’S APPROACH TO CUM-EX

THE PROPOSED EUROPEAN MONEY LAUNDERING DATABASE

The EU’s Five-Year Organised Crime Strategy

GPT Corruption in Saudi Arabia

Control of Documents and Disclosure Obligations

Syedur Rahman of Rahman Ravelli details a case that examined what can be considered to be in a party’s control in relation to the disclosure exercise

The Use of Norwich Pharmacal Orders in Tackling Art Fraud and Theft

Nicola Sharp of Rahman Ravelli outlines a case that illustrates the circumstances when an NPO can be granted.

Fiduciary Relationships and the Granting of Relief of Undisclosed Commissions

Syedur Rahman of Rahman Ravelli details a judgement that considered whether a fiduciary relationship is necessary for relief to be granted.

The Pros and Cons of Private Prosecutions

With the use of private prosecutions on the increase, Niall Hearty of Rahman Ravelli considers the advantages and disadvantages of them.

The Money Laundering and Terrorist Financing (Amendment) (High-Risk Countries) Regulations 2021

Syed Rahman of Rahman Ravelli details the changes regarding High-Risk Third Countries.

THE CPS ECONOMIC CRIME STRATEGY

Niall Hearty of Rahman Ravelli gives an overview of the Crown Prosecution Service’s plan to tackle economic crime.

THE NEW APPROACH TO SANCTIONS BREACHES

Syedur Rahman of Rahman Ravelli assesses the Office of Financial Sanctions Implementation’s latest guidance on financial sanctions breaches, which came into effect this month.

The FCA’s Whistleblowing Campaign

Syedur Rahman of Rahman Ravelli considers the Financial Conduct Authority’s attempt to encourage would-be whistleblowers to report directly to it.

THE FCA’S LATEST EFFORTS TO CURB MARKET ABUSE

Nicola Sharp of Rahman Ravelli considers the Financial Conduct Authority’s recent approaches to ensuring market integrity.

The Admissibility of Unlawfully Obtained Evidence

Syedur Rahman of Rahman Ravelli details a case that raises issues around evidence gathering.

The Limits of the Bankers’ Book Evidence Act 1879

Nicola Sharp considers a recent case that highlighted the scope of the Act.

UK Courts’ Authority in Ongoing Fraud Cases

The Art Market’s Money Laundering Deadline

Nicola Sharp of Rahman Ravelli outlines the money laundering obligations facing those in the art dealing world.

The EBA’s Guidance on Money Laundering Risk

Nicola Sharp of Rahman Ravelli outlines the latest guidelines from the European Banking Authority regarding money laundering and terrorist financing.

The UK’s Sanctions Workload

Syedur Rahman of Rahman Ravelli assesses the post-Brexit sanctions challenges facing the UK – and how it has responded.

The FCA’s evolving approach to cryptocurrency

SPACS AND THE LAW

Syedur Rahman, partner at financial crime specialists Rahman Ravelli, assesses the legal issues relevant to the rise of special purpose acquisition companies (SPACs).

The admissibility of opinion evidence

Varying Proprietary Injunctions

Without Prejudice: Privileged Communications and Unambiguous Impropriety

The EU Market Abuse Directive and the right to silence

The Quincecare Duty and APP fraud

KBR, THE SERIOUS FRAUD OFFICE AND SECTION 2 NOTICES

THE UNITED STATES ANTI-MONEY LAUNDERING ACT 2020

INVESTIGATING BRIBERY

THE COLLATERAL PURPOSE RULE OF DISCLOSED DOCUMENTS

DOCUMENT DISCLOSURE FOR MORE THAN ONE CASE

Closure of Bitcoin trading accounts

Summary Judgement and Procedural Defects

Cryptocurrency Fraud: A Significant Judgement

THE G20 AND FATF’S MONEY LAUNDERING MEASURES

6AMLD: THE NEED FOR CLARITY

Nicola Sharp of Rahman Ravelli highlights some questions that need answers regarding the Sixth Anti-Money Laundering Directive

DEFERRED PROSECUTION AGREEMENTS: A COMPARISON OF THE US AND UK

SPOOFING AND MARKET MANIPULATION – 2020 IN REVIEW

Joshua Ray of Rahman Ravelli examines the past year’s notable market abuse events

PRINTING TRADES AND THE FCA

THE SFO SECURES £1.2M AFTER INVESTIGATION LINKED TO BRAZILIAN CORRUPTION

Syedur Rahman of Rahman Ravelli details the Serious Fraud Office’s securing of assets with connections to the Operation Car Wash scandal.

ASSESSING THE SFO’S GUIDANCE ON DEFERRED PROSECUTION AGREEMENTS

WHAT CORPORATES NEED TO KNOW ABOUT THE SFO’S DEFERRED PROSECUTION AGREEMENT GUIDANCE

Nicola Sharp of Rahman Ravelli considers the Serious Fraud Office’s DPA guidance and what it means for corporates’ general counsel.

FURTHER REFINEMENT OF THE DISCLOSURE PILOT SCHEME

Syedur Rahman of Rahman Ravelli examines attempts to tackle disclosure problems in modern litigation.

THE FCA IN THE PANDEMIC

The Financial Conduct Authority has disclosed information about the size of its caseload this year. Syedur Rahman of Rahman Ravelli considers how it is functioning in the pandemic.

The Financial Conduct Authority and Liquidation Stays

TAX FRAUD – A CIVIL AND CRIMINAL ISSUE

Nicola Sharp of Rahman Ravelli assesses a case that clarifies HM Revenue and Customs’ scope for deciding whether to bring criminal or civil proceedings.

ESMA AND CUM-EX

Syed Rahman of Rahman Ravelli details the main points from the European Securities and Markets Authority report on withholding tax schemes.

THE LAW COMMISSION’S CONSULTATION ON REFORM OF THE CONFISCATION REGIME

THE FCA, ITS NEW MAN AT THE TOP AND THE ISSUES HE MUST ADDRESS

COMPANIES HOUSE AND CORPORATE TRANSPARENCY

PROPOSED NEW DISCLOSURE POWERS FOR HMRC

The limits of reflective loss are redrawn

The Standard of Proof in Civil Fraud Claims

CFTC Continues to (Wrongfully) Target Small Overseas “Spoofers”

Nicola Sharp of Rahman Ravelli considers the principle of waiver of privilege.

LEGAL PROFESSIONAL PRIVILEGE AND FOREIGN LAWYERS

ANTI-SUIT INJUNCTIONS AND FOREIGN PROCEEDINGS

SEARCH ORDER VARIATIONS DUE TO COVID-19

FOREIGN CLAIMS AND UK JURISDICTION

HM REVENUE AND CUSTOMS AND HYBRID ARBITRAGE

FAILING TO PREVENT TAX EVASION

Freezing orders and asset recovery after litigation

Private Prosecutions: The Process, Defendants’ Options and Mixed Motives

Civil Recovery: Comparing POCA to the US approach

Freezing injunctions and crypto-related investment fraud

Foreign Claims and UK Jurisdiction

Cost Protections Under a Part 36 Offer

U.S. extradition challenges

FCA regulation and pensions advice

WHAT YOU NEED TO KNOW WHEN CONSIDERING BRINGING A PRIVATE PROSECUTION

Nicola Sharp of Rahman Ravelli outlines the procedure for bringing a private prosecution and the issues that have to be considered before going ahead.

FREEZING ORDERS AND ASSET RECOVERY AFTER LITIGATION

Nicola Sharp of Rahman Ravelli outlines a case that demonstrates the extent to which courts will award freezing orders to assist in asset recovery after litigation.

PRIVATE PROSECUTIONS: THE PROCESS, DEFENDANTS’ OPTIONS AND MIXED MOTIVES

THE EVER-EVOLVING APPLICATION OF LEGAL PROFESSIONAL PRIVILEGE

Nicola Sharp of Rahman Ravelli assesses a case that establishes that it is the duty of an auditor to gauge whether a document is protected by legal professional privilege.

CRYPTOASSETS AND MONEY LAUNDERING REGULATION

FCA REGULATION AND PENSIONS ADVICE

CIVIL LITIGATION – EXCEPTION TO THE WITHOUT PREJUDICE RULE

Syedur Rahman of Rahman Ravelli considers a case that emphasises the protection offered by the without prejudice rules is not absolute.

ESTABLISHING THE RISK OF DISSIPATION WHEN APPLYING FOR A FREEZING ORDER

CORPORATE CRIMINAL LIABILITY AND THE BARCLAYS JUDGEMENTS

CYBERCRIME, COVID-19 AND THE COMPUTER MISUSE ACT 1990

CLARIFICATION OF DISHONESTY

CORPORATE CRIMINAL LIABILITY AND THE BARCLAYS JUDGEMENTS

LIMITS ON BRINGING CIVIL FRAUD CLAIMS IN MULTIPLE JURISDICTIONS

THE TORT OF DECEIT AND CLIENTS’ INTERESTS

THE CHALLENGES OF BRINGING A CLAIM FOR DECEIT

FREEZING ORDERS – THE IMPORTANCE OF CAUTION

WHISTLEBLOWING AND THE FINANCIAL CONDUCT AUTHORITY

TACKLING PUSH PAYMENT FRAUD

CONTESTING ACCOUNT FORFEITURE ORDERS

TRUSTEE CLAIMANTS’ ABILITY TO USE NORWICH PHARMACAL RELIEF AND BANKERS TRUST ORDERS TO RECOVER MIS

Syedur Rahman ofRahman Ravelli considers a case with significance for those acting as trusteeswho are seeking to recover assets.

CIVIL LITIGATION: USING PART 36 OFFERS TO SETTLE A DISPUTE EARLY

THE REGISTRATION OF OVERSEAS ENTITIES BILL

MISCONDUCT: THE FINANCIAL REPORTING COUNCIL’S VIEW

EVALUATING COMPLIANCE PROGRAMMES – THE SERIOUS FRAUD OFFICE’S GUIDANCE

FREEZING CRYPTOASSETS

CARTEL BEHAVIOUR: DEFINING IT AND DEFENCES TO IT

THE FINANCIAL CONDUCT AUTHORITY, THE WOODFORD DEBACLE AND RULE CHANGES

MULTI-AGENCY INVESTIGATIONS: HOW AGENCIES APPROACH THEM AND HOW THOSE INVESTIGATED SHOULD RESPOND

WHAT THE FINANCIAL CONDUCT AUTHORITY GUIDANCE ON CRYPTOASSETS MEANS FOR THOSE IN THE MARKET

THE UK AND THE EUROPEAN ECONOMIC AREA – THE APPLICATION OF STRONG CUSTOMER AUTHENTICATION (SCA) UN

THE MAIN ASPECTS OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT

Parallel Proceedings – Civil And Criminal

Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.

Sfo Guidance, Privilege And Internal Investigations: Some Brief Advice For Corporates

Businesses, App Fraud And Recovering Losses

A new code of conductaims to give individuals greater protection against authorised push payment(APP) fraud. Syedur Rahman explains what the best available options are forbusinesses looking to recover such losses.

The Competition And Markets Authority: New Powers And The Need For Compliance

The Fifth Money Laundering Directive And The Uk

Taking The Right Steps To Ensure You Do Not Commit The Offence Of Failure To Prevent The Facilitatio

The Right Way To Report A Company’s Failure To Prevent The Facilitation Of Tax Evasion

What General Counsel Need To Know About Money Laundering

WHAT GENERAL COUNSEL NEED TO KNOW ABOUT MONEY LAUNDERING

Nicola Sharp explains what money laundering is and outlineshow businesses can reduce the dangers it can pose.

Account Freezing Orders: Why We Can Expect More Of Them. A Practical Guide

With account freezing orders havingbeen used for the first time, Aziz Rahman of Rahman Ravelli examines theireffectiveness and considers why they may come to be used frequently

Unexplained Wealth Orders: Their Potential And The Right Way To Respond If Faced With One

Aziz Rahman considers why we may see an increase inunexplained wealth orders (UWO’s) and the implications for law enforcement and individuals.

Deferred Prosecution Agreements: The Best Option? Or A Flawed Idea?

Tescoadmitted wrongdoing over its accounting scandal in order to obtain a deferredprosecution agreement and avoid a conviction. But with everyone charged overthe scandal having been cleared, Aziz Rahman examines whether the deferredprosecution agreement process needs revising.

Deferred Prosecution Agreements: Obtaining One And Seeing It Through To Completion

With Standard Bank having become the first organisation to conclude a DPA, Aziz Rahman explains why gaining one is only the start of the challenge.

Dismissal At Nissan And Workplace Crime Prevention

The sacking of Nissan’s high-profile chairman may have beenproof that nobody is infallible. But Nicola Sharp argues that it should also beseen as an indicator that no company can be considered safe from wrongdoing.

Bribery Allegations In More Than One Jurisdiction: The Importance Of Ensuring A Joined-up Defence Ap

Aziz Rahman considers the Ericsson bribery investigation and outlines how best to respond if you are investigated by more than one law enforcement agency

Bribery And The Risk It Poses To Technology Companies

With Microsoft’s activities in Hungary having come underinvestigation, Nicola Sharp explains why those at the cutting edge oftechnology need to be aware of the age-old dangers of bribery.

Conducting An Internal Investigation

Nicola Sharp and Syedur Rahman explain the value to companies of internal investigations and the importance of carrying them out correctly.

Preventing Money Laundering In The Gambling Industry

With a bookmaker being ordered to pay millions for failing to prevent money laundering, Nicola Sharp and Syedur Rahman examine how the gambling industry can tackle the problem.

Obtaining A Dpa

With the SFO laying down tough conditions to those seeking adeferred prosecution agreement (DPA), Aziz Rahman examines what companies need todo to have a chance of securing one.

Dealing With Agencies That Investigate Business Crime

Aziz Rahman outlines the powers and functions of the Serious Fraud Office, Financial Conduct Authority and National Crime Agency and explains how defence teams should respond to them.

Failing To Prevent Bribery

Following the first conviction of a company for failure toprevent bribery, Aziz Rahman considers the implications of the case for thosein business.

Money Laundering And The Gambling Industry

With a bookmaker being ordered to pay millions for failingto prevent money laundering, Nicola Sharp and Syedur Rahman examine how thegambling industry can tackle the problem.

Politically Exposed Persons And The Legal Restrictions They Face

Aziz Rahman and Ben Ticehurst consider the Novartis scandaland the business restrictions on those holding high office.

Corporate Liability And The Individual

With much still to be decided regarding the prosecution ofindividuals over the financial scandals at Rolls-Royce and Tesco, Aziz Rahmanexamines how the fate of investigated companies can differ to that of those whoworked for them.

Defending Yourself When International Bribery Allegations Are Made

Syedur Rahman and Nicola Sharp explain how corporates shouldrespond if investigated over bribery allegations abroad.

How To Prevent Workplace Fraud

Aziz Rahman examines the scale of fraud in business andexplains how it can be prevented, identified and reported.

Unexplained Wealth Orders

With unexplained wealth orders now part of UK law, Aziz Rahman assesses their likely effect and how people should respond to them.

Vat And Dubai

With Value Added Taxnow a part of business in Dubai, Aziz Rahman and Ben Ticehurst consider theprecautions that those in business must take.

How Executives Can Protect Themselves If A Company Collapses

Syedur Rahman and Nicola Sharp take an overview of the Carillion crisis and explain how those who ran a failed company can defend themselves

Airbus And The Risks Of Bribery Across Borders

Syedur Rahman and Nicola Sharp examine the risks of bribery in international trade and how corporates should respond if they face such allegations.

Investment Fraud And Dishonesty

Aziz Rahman explains the latest legal test for dishonesty and its importance in investment fraud cases.

The Paradise Papers – Defending Tax Evasion Allegations

Aziz Rahman considers how anyone under investigation following the Paradise Papers leaks can mount the strongest possible defence.

What Accountants Must Do To Avoid Money Laundering Accusations

With the Treasury warning about accountants’ vulnerability to money laundering, Aziz Rahman examines what they can do to protectthemselves.

The Rise Of The Dpa

With deferred prosecution agreements (DPA’s) now part of theFrench, UK and US legal systems, Aziz Rahman explains their value – and how toobtain one.

Collusion And Competition Law

Syedur Rahman and Nicola Sharp look at the Financial ConductAuthority’s action to tackle alleged breaches of competition law.

The Need To Prevent Money Laundering – Everywhere

China is toughening its money laundering prevention by taking a closer look at many more business sectors. Aziz Rahman explains the thinking behind this – and what it means for everyone trading abroad.

Compliance After The Event In Bribery And Corruption Cases

Syedur Rahman and Nicola Sharp examine the merits of compliance committees and how improving your compliance measures can help you, even while you are under investigation, in global corruption cases.

Formula One, Bribery And The Serious Fraud Office

Aziz Rahman explains why the SFO’s enquiries into Formula One are relevant to all senior executives and corporates.

The Sfo, The Future And Securing A Dpa

Now that the SFO’s future appears assured, Aziz Rahman considers what this means for those seeking deferred prosecution agreements.

Health And Safety: The Corporate Implications

Syedur Rahman and Nicola Sharp consider how companies can minimise the problems that can be posed by health and safety prosecutions.

Automation And Money Laundering

Aziz Rahman explains how automation can bring its own risks of money laundering – and how they can be reduced.

Challenging Witness Credibility

The SFO has been criticised for its use of an expert witness in trials.  Aziz Rahman examines how the SFO can be challenged over its use of such witnesses.

Managing The Problem Of Bribery In High-risk Countries

Aziz Rahman considers the corruption problems energy and resources companies have encountered and assesses how they can be minimised.

Increased Insolvency Powers

Ben Ticehurst explains the new powers at the Insolvency Service’s disposal – and what those in business need to do to ensure they do not fall foul of them.

Frc Investigations

The Financial Reporting Council appears to be taking a tougher stance. Aziz Rahman explains what auditors must do to avoid falling fall of it.

The Serious Fraud Office: Ways To Deal With It

Aziz Rahman explains how to respond to a Serious Fraud Office (SFO) investigation in order to secure the best outcome.

Emissions Testing And Fraud

Porsche is the latest car maker to be investigated over emissions test fraud. Syedur Rahman and Nicola Sharp explain the wide-ranging effects of workplace fraud and the way to eradicate it.

Making Sure You Do Enough To Prevent Money Laundering

With money laundering coming under ever-closer scrutiny, Aziz Rahman explains why you need to make sure your preventative measures are good enough.

The Dangers Of Cartels.

Syedur Rahman and Nicola Sharp consider two recent cartel cases and examine why businesses must take care not to become involved in such behaviour.

The Sfo And Section Two Interviews: Why Robust Defence Is Needed

Aziz Rahman explains why the SFO’s insistence that solicitors cannot be present for interviews under Section 2 of the Criminal Justice Act can be and should be challenged.

The Fourth Eu Anti-money Laundering Directive: What It Means For Business

With the Directive coming into effect, Aziz Rahman examines its implications.

The Huge Costs Of Bribery

Aziz Rahman looks at the case of Petrofac, explains how bribery can ruin a company and emphasises what must be done to prevent it.

Cross-border Investigations

The huge Petrobras bribery scandal has engulfed companies in many countries. Syedur Rahman and Nicola Sharp explain what needs to be done if your company is investigated in more than one country.

Corruption: How To Defend Yourself

Aziz Rahman outlines why allegations of corruption in football should act as a warning to everyone in business about the need to prevent wrongdoing.

Challenging Fca Accusations

Nicola Sharp and Syedur Rahman explain how changes to the way the FCA investigates cases will make it easier for companies and individuals to negotiate the best possible outcome.

Obtaining A Dpa

With deferred prosecution agreements (DPA’s) becoming more common, Aziz Rahman considers how a company under investigation can enhance its chances of obtaining one in order to avoid prosecution.

What The Criminal Finances Bill Means For Asset Seizure And Forfeiture

Syedur Rahman and Nicola Sharp examine the changes likely when the Criminal Finances Bill becomes law.

The Policing And Crime Act 2017

Aziz Rahman talks through the Act’s implications for those in business in the UK.

The Laundromat Saga: The Fca And Money Laundering Risks

With banks being investigated over alleged Russian money laundering, Aziz Rahman examines the precautions financial professionals must take.

Tesco: A Question Of Corporate Criminal Liability?

Aziz Rahman examines what the deferred prosecution agreement the supermarket giant has reached with the SFO may mean for other corporates.