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36 Commercial launch a dedicated Commercial Crime Team expanding its corporate offering to encompass White Collar Crime and Financial Regulatory Investigations

2nd November 2020

The new 36 Commercial Crime team, led by Philip Hackett Q.C. and Dean Armstrong Q.C, draws on its members’ combined experience to provide clients with integrated strategic advice and representation at the intersection between domestic and international civil, criminal and regulatory law. This ‘one stop’ capacity offers a readily accessible dispute resolution and advisory service for clients that require urgent assistance in matters that potentially involve all these areas and require cross disciplinary expertise and advice. 

Firmly based in its civil financial and commercial excellence, the 36 Commercial Crime team uniquely combines this with counsel, who, in addition to appearing in the High Court, also have a wealth of criminal courtroom advocacy and investigation experience across fraud, financial and market regulation, tax disputes, insolvency, directors and Senior Managers duties, cyber fraud, bribery and corruption, sanctions, asset recovery and proceeds of crime.

We also specialise in advising on the disputes and investigations that precede such multi-disciplinary cases to avoid regulatory action. We have expertise in the interlocutory stages such as freezing orders, search warrants, production orders and negotiating with regulators to achieve outcomes such as civil penalties and Deferred Prosecution Agreements. Our capacity to assist our clients is enhanced by counsels’ experience of acting for the prosecuting and regulatory agencies that prosecute and investigate such matters.

A particular strength is the team’s international expertise and experience, having worked on numerous foreign and multi-jurisdictional civil, criminal and regulatory cases, including Mutual Legal Assistance.

Members have been involved in some of the highest profile financial and regulatory investigations and cases over the past two decades, including BCCI, Celtic Mining, Bae Systems, Food for Oil, Innospec, Forex, Libor, Tchenguiz, Dankse Bank and 1MDB. They have also been instructed in matters such as News of the World, MPs Expenses, Cash for Honours and the Leveson inquiries.

 

Philip Hackett QC, joint head of the 36 Commercial Crime team said:

“In a heavily regulated, globalised economy, it is simply a fact of modern, international business life that companies and their directors have concurrent rights, duties and liabilities in civil, criminal and regulatory law.  The traditional Bar model of segmented specialisms is no longer fit for purpose because ever-more sophisticated clients now demand comprehensive strategic advice on their remedies and defences across these spheres, either to avoid litigation altogether or to ensure that they are as well-prepared for it as possible, but without having to pay thrice.”

 

Steven Newbery, 36 Commercial’s Practice Manager explained:

“Over the last couple of years or so, 36 Commercial has been actively recruiting high-quality, multi-disciplinary specialists to complement and build upon our existing repository of talent and experience.  What started out simply as an idea to form a ‘white collar, business crime and regulatory team’ has grown into something much, much bigger in response to overwhelming demand from the market.  We at 36 Commercial are certain that this is what the provision of legal services in the future will need to look like.”

 

Dean Armstrong QC, joint Head of Chambers said:

“The increasingly international nature of commerce and fraud in our increasingly interconnected society, combined with the new challenges and opportunities constantly being presented by the cyber world in relation not just to commercial assets but reputational risk, meant that this was an obvious step for the 36 Group to take and I have little doubt that other chambers will in time eventually have no choice but to follow our lead.”