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Economic Crime and Regulation

Building on the excellence and experience of The 36 Group in other areas of practice, Chambers has a team specialising in economic crime and regulation.

Members have acted in many of the major regulatory investigations and prosecutions for economic crime for over 25 years including BCCI, Maxwell, Wickes, TransTec, Asil Nadir, Operation Elvedon, Celtic Mining, LIBOR and FOREX. Our track record includes the most complex commercial fraud and corruption investigations and cases prosecuted by the SFO and other Regulators, involving banking, auditing, financial markets and products and insurance.

This experience extends to pre-investigation advice and preparation, whistleblowing, self-reporting and other co-operative procedures.

We advise in relation to the appropriate response to regulatory notices to compel production of documents, the correct approach to LPP and the preservation of confidentiality. The 36 Group has extensive experience of the conduct of internal investigations, whether solely for the corporation’s purposes or collateral to an investigation by a Regulator. Our civil expertise means we can also advice on collateral civil proceedings.

Members have acted in numerous international corruption cases such as BAE Systems, Food for Oil, Innospec and V Mobile. We advise on compliance issues, UK and international, in terms of due diligence in anti-bribery and corruption prevention, taxation and reporting obligations. A particular focus is on the potential responsibilities of senior management, officers and directors as well as corporate liability in allegations of non-compliance. This experience includes international and cross border investigations dealing with several different national regulators and co-ordinating the international response, as well as obtaining evidence from off shore jurisdictions and responding to request for mutual legal assistance.

An important focus of chambers international practice is providing advice on international sanctions compliance in respect of economic, dilomatic, military and sports sanctions. This includes assisting clients in reporting and permission obligations under the UK Strategic Export Control Lists. Members have also appeared in criminal prosecutions alleging breach Iranian and Iraq sanctions.

The 36 Group has particular expertise in cyber law and most areas of economic crime and regulation are strongly connected to this. .  Members have appeared in many of the leading cybercrime cases over the last few years, including R v Ackroyd [the ‘Lulzsec’ case], R v Neale [former company director launching cyberattack on corporate client] & R v Gamble [cyberattack on Directors of the CIA, FBI & HS].

We advise corporations and individuals on FCA compliance, investigations and enforcement in relation to market abuse, mis-selling, non-compliance in the regulated sectors and implementation of the Senior Managers Regime.

Members have experience in all aspects of HMRC investigations and prosecutions in relation tax and money laundering compliance in the regulated sector.

The ability of The 36 Group to provide across the board advice in the most complex cases is assisted by the overlap and expertise with other groups in chambers who also specialise in civil fraud, commercial, extradition, POCA, civil freezing orders, tracing, insolvency and directors’ liability.

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