Withers Bergman LLP

Fraudulent and illegal activities

Clients we advise include directors, partners and employees of organisations where it is alleged that fraudulent and/or illegal activity has occurred within their businesses and/or as a result of their personal activities. Such activity may have been identified internally or as a result of an investigation, for example by the tax and regulatory authorities such as HM Revenue & Customs, US Internal Revenue Service, the US Department of Justice, the Securities Exchange Commission, the Serious Fraud Office, the Police, National Crime Agency, Trading Standards, the Health & Safety Executive, the UK Environment Agency, Food Standards Agency, Civil Aviation Authority, DBIS and the Financial Conduct Authority.

Fraudulent and illegal activity includes bribery and corruption, fraud, false accounting, commodities and currency frauds, bank fraud, tax fraud, insider dealing, money laundering, cartels, LIBOR and FX benchmark fixing. Other business crime including trading standards and health and safety and environment breaches.

Specialist fraud services we offer include:
 

• defending those against whom allegations of fraud have been made, both corporate entities and individuals
• defending those involved in LIBOR and FX benchmark fixing allegations
• helping the victims of fraud to find, preserve and recover stolen money or assets
• representing witnesses in fraud cases
• advising whistleblowers
• advice and representation in all types of investigation including regulatory, tax and company investigations and investigations of a disciplinary nature
• representation in restraint and confiscation proceedings
• representation in extradition proceedings
• urgent advice and assistance following a dawn raid

Restraint and confiscation

Clients often require advice on the impact of restraint of assets, asset forfeiture and confiscation. The consequences of restraint and confiscation for defendants (and their families and dependents) are often as serious as those in the criminal proceedings themselves. The default sentences imposed in confiscation proceedings can often be longer than those for the original offence.

Bribery Act

We are experienced in defending bribery and corruption investigations and prosecutions, advising on the conduct of internal investigations where there is a suspicion of bribery and corruption and providing due diligence and risk management advice to individuals involved in contracts and making payments abroad.

Investigations – Criminal and regulatory

We have considerable experience of investigations including HM Revenue and Customs investigations and prosecutions; SFO investigations into bribery, corruption and other suspected fraudulent activity, HSE deaths or serious injury in the workplace, FCA investigations into insider dealing and other parallel criminal enforcement agencies’ investigations and DBIS investigations into wrongful and fraudulent trading. We also have extensive experience in dealing with investigations by the Professional Regulatory Bodies and with Coroners’ Inquests.

Sanctions

There are a few countries which have enhanced restrictions by way of sanctions. These sanctions include freezing the assets of key individuals and their families and arms embargos. We can advise you to make sure that you do not breach UN, EU or UK sanctions as well as being available to advise you in the event of a criminal investigation or prosecution.

Money laundering

The money laundering regime in every international jurisdiction brings with it very serious criminal penalties, including imprisonment, for breaches, whether negligent or deliberate. All individuals, whether in the regulated sector or not, need to be aware of the personal implications of money laundering regime(s).

We advise individuals on money laundering issues and provide representation in money laundering investigations and prosecutions.

Extradition and European arrest warrants

Given the increased focus on multi-jurisdictional investigations and prosecutions, we advise individuals in relation to potential extradition or European Arrest Warrant proceedings and their rights.

Recent work in the white collar crime and investigations area includes advising:
 

• individuals involved in LIBOR and FX benchmark fixing allegations
• in a high profile hacking case
• on an SFO investigation into a £52million multi-jurisdictional fraud, supervising disclosure globally and managing parallel proceedings working closely with the client throughout extradition proceedings from Australia
• the director of a major Hong Kong company throughout an SFO investigation addressing two allegations of fraud
• an individual facing investigation for corruption by the SFO
• on defending regulatory proceedings brought by the Council of Lloyds of London
• in the largest ever FCA criminal prosecution for insider dealing
• directors/employees of companies interviewed and/or prosecuted as a result of SFO investigations into company contracts/corruption
• and litigated some of the biggest corruption scandals  including ‘Cash for Honours’, ‘Oil for Food’, ‘Arms to Iraq’ and the BAE case.

We are an equal opportunity employer committed to enhancing diversity within the workplace.

We recognize and value the benefits that a diverse workforce can bring to the organization. Diversity is not limited to gender and ethnicity, and includes factors such as religion or belief, disability, age, marital status and sexual orientation. All our employees and Partners are responsible for the promotion and advancement of equality and diversity within the Firm.

Much of our work on diversity in the last three years has been about putting good monitoring tools in place to ensure that we understand where the gaps are within our workforce, making changes to our strategies and communicating our policy on equal opportunities and diversity to our staff and training those involved in managing and recruiting others.

Since 2002, Withers has experienced a period of growth. The expansion of our client base has highlighted our clients' need for a highly skilled and diverse workforce. The business need to support diversity is evident and Chris Priestley (a Partner in our Commercial group) has been nominated to ensure that Diversity is high on the partnership agenda.

Diversity Audit

In 2006 we undertook our first diversity audit of our workforce, monitoring age, sexual orientation, religion, ethnicity and disability. New joiners are monitored on an ongoing basis. Our diversity statistics are published below.

Communication of our commitment to Diversity

Each year our staff are asked to acknowledge their understanding of and commitment to the Firm’s Equal Opportunities Policy as part of our annual audit.

Our Supervisors and Partners receive training to ensure they understand their obligations in implementing our equal opportunity policy in the workplace.

In addition, all interview panelists are trained in the Firm’s approach to diversity and given guidance on our structured skill based approach to interviewing.

Promotion and Access to Development

Opportunities for promotion are communicated and made available to all staff on a fair and equal basis. A skills framework is used in all promotion, appraisal, and pay discussions to ensure a consistent and fair approach across the Firm.

Selection of candiates for promotion to 'Of Counsel or Partner' status is undertaken by a panel of Withers Partners, whose selection decisions are based upon technical expertise and pre-defined partner competencies.

Training is made available to all staff and Partners in line with our business needs. Training needs are recognized formally via our appraisal process, which is objective and skill based, to ensure a fair and equal approach.

Recognition for Diversity

Withers was ranked 2nd (out of the top 100 law firms) for having a high percentage of female equity partners in The Lawyer Career Report Survey 2006.

Withers also ranked 2nd (out of the top 50 firms) for Diversity with respect to women and ranked 1st for Diversity with respect for Gay and Lesbians in the Vault survey 2006.