We advise and represent clients in relation to matters of corporate fraud including VAT and Corporation Tax cases, corporate or business theft (for example between owners, shareholders or company directors), dishonesty, embezzlement, fraud, breaches of financial legislation, money laundering under the Proceeds of Crime Act 2002, proceeds of crime criminal matters, bribery and corruption.
These are all cases commonly described previously as White Collar Crimes. We undertake all manner of business-related criminal defence work. In each case we are instructed, our extensive experience and technical knowledge are brought to bear in assisting in the preparation and presentation of these cases. We have extensive experience instructing the correct expert witnesses such as forensic accountants and tax experts to allow the best presentation of the defence case.
Consequences for Businesses, Directors and Shareholders
For businesses, company directors, owners and shareholders, a finding of guilt or conviction for a dishonesty offence can have serious consequences for the business, its employees, company directors or shareholders, in addition to affecting an individual's professional registration, regulatory requirements and reputation.
We are here to achieve the best possible outcomes, making use of our considerable experience and resources to protect our clients, assets, businesses and reputation.
Our Approach, Track Record and Early Advice
By making use of all available technologies we are able to effectively and appropriately consider, arrange and present significant quantities of documents — vital in cases of this nature due to the highly complex and technical documents involved. Through regularly instructing Counsel, principally senior advocates and King's Counsel (KCs, formerly QCs), we have forged strong working relationships invaluable for case preparation and presentation. We provide at all times a discreet, confidential, compassionate and dedicated approach whilst remaining alive to the tactical, strategic and overall aims of these cases.
We have successfully represented company directors accused of fraud or embezzlement against other business owners and directors. We recently achieved a not guilty verdict after trial for a client involved in a multi-million pound VAT and associated proceeds of crime criminal allegation — securing an acquittal of all charges following extensive preparation and presentation of the case.
Early instruction and contact with our firm ensures the optimum ability to achieve the best outcome, particularly in advance of any prosecution. Early communications with the Police, Serious Fraud Office, Procurator Fiscal's Service, NCA, HMRC and other organisations can allow us to have matters discontinued at the earliest opportunity. We fight your case from the very beginning.
Investigations, Proceeds of Crime and Confiscation Orders
High-value fraud cases are typically investigated by Police Scotland's Serious and Organised Crime Division or, in some cases, by HMRC or the Serious Fraud Office. These investigations can be lengthy and complex, involving extensive financial disclosure, digital evidence and expert witnesses. We advise at every stage of investigation, ensuring that interviews under caution are managed correctly, and prepare a comprehensive defence in respect of all evidence in the case.
We work with financial experts to present the best possible case for our clients and challenge the Crown's evidence, as well as presenting legal objections to the admissibility of evidence obtained through search and seizure. A number of cases where a finding of guilt has been reached trigger proceedings under the Proceeds of Crime Act 2002. The Crown may apply for a confiscation order, seeking to recover an amount equal to the benefit obtained from criminal conduct. These orders can significantly exceed the value of the original offence if the court accepts a broad benefit calculation. We advise on all aspects of POCA proceedings, instruct financial experts, and challenge benefit and available amount calculations. Restraint orders, which can freeze assets before conviction, can also be challenged.
We are regularly called upon to advise and assist individuals who are subject to investigations or enquiries by professional bodies, regulators or other organisations. It is vital that all aspects of these matters are considered and discussed prior to any investigation process attendance or interview, given the considerable consequences for the individual concerned. The detailed and multifaceted approach we adopt protects our clients from the outset.
Contact Us
If you or your business are under investigation for fraud or a dishonesty offence, or have been charged, contact Charles Ferguson Solicitors as soon as possible on 0141 345 5735 to arrange a meeting at our Glasgow office, or 01698 285 885 to arrange a meeting at our Hamilton office. Early advice allows us to engage with any ongoing investigation, advise you on your rights during police interviews, and begin your defence strategy.