Financial criminal and regulatory lawyers

Regulatory and Financial Crime Investigations Lawyers

CKE Attorneys has the expertise to provide an all-encompassing professional service to help corporates and individuals navigate the relevant issues when faced with regulatory or financial crime-related investigations and to respond effectively to the challenges as they arise.

Our team of specialist lawyers has extensive experience dealing with regulators and criminal investigators in the UK, in particular the FCA, the PRA, and the SFO. We can assist at all stages throughout the regulatory investigation, as well as in any subsequent enforcement/disciplinary action.

We work to effectively and efficiently identify and respond to the relevant issues as they arise, wherever possible maintaining an open line of communication with the regulator/investigator with the aim of ensuring a swift resolution.

If you are involved in a regulatory or financial crime investigation, our team of specialist lawyers would be pleased to assist you.

Our team of lawyers are specialists in the following areas:

  • Acting as an interface with the police, investigators, and prosecuting authorities
  • Entering into plea bargaining for clients before or after charge
  • Conducting investigation and evidence gathering before trial
  • FCA and SFO investigations
  • Acting to recover funds frozen in the UK in respect of overseas investigations

Frequently asked questions

The FCA, through its Enforcement and Market Oversight Division, conducts formal investigations under the Financial Services and Markets Act 2000. In addition to its investigative powers, the FCA has wide ranging powers including to take disciplinary action against authorised firms and approved persons, to seek civil remedies (for example, injunctions and restitution orders), to bring proceedings for market abuse, and to prosecute certain criminal offences (for example, insider dealing and unauthorised business offences). The FCA's investigation powers include requiring the production of documents (and an explanation in respect of the same), requiring persons to attend interviews, and requiring all reasonable assistance in respect of the investigation.

It is therefore imperative at an early stage to accurately identify the matter being investigated and to fully understand your rights and obligations regarding the investigation, which our regulatory and financial crime investigations lawyers will help you with.

Yes – our regulatory and financial crime investigations lawyers report that regulators and investigators such as the FCA and SFO have powers to conduct dawn raids (i.e. an unannounced inspection of premises) that can extend to unauthorised firms and individuals where there are reasonable grounds to suspect a relevant offence, such as carrying on unauthorised business or involvement in fraud. Indeed, such a search could take place at a person's residential premises.

Notwithstanding the surprise nature of a dawn raid, companies can take steps to be better prepared should one occur, including devising a response protocol which identifies those persons in the firm with specific roles should a dawn raid ever occur.

Our regulatory and financial crime investigations lawyers report that the main financial services regulatory laws are:

  • Financial Services and Markets Act 2000 (FSMA) – this is the principal legislation governing the regulation of financial services in the UK, and the basis for the FCA and PRA's regulatory powers.
  • Proceeds of Crime Act 2002 (POCA) – this sets out the framework for anti-money laundering obligations, confiscation, and civil recovery of criminal property.
  • Bribery Act 2010 – this creates offences of bribery, being bribed, bribery of foreign public officials, and the corporate offence of failing to prevent bribery.
  • Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 – these set out the detailed anti-money laundering and counter-terrorist financing requirements for regulated businesses.
  • Fraud Act 2006 – the principal legislation governing fraud offences, including fraud by false representation, failing to disclose information, and abuse of position.
  • Companies Act 2006 and Insolvency Act 1986 – the main legislation governing companies and corporate insolvency.