Business Crime

Business crime is a particular interest for our fraud department lawyers. The description ‘business crime’ does do us justice as we are just as concerned with helping businesses to understand what they need to do to avoid being the subject of an investigation and most of all a prosecution.

Business crime is an easy target for prosecutors, investigators and the courts. The inference is that it is an acquisitive crime and that there is a money trail to follow so as to grab as much as possible for a confiscation order. The attraction is that prosecutors, investigators and the courts all benefit from the recovery of proceeds of crime. The interest therefore is easily understood even if the system sounds corrupt or at least capable of being corrupt. Giving prosecutors, investigators and the courts an interest in the ordering of payment of monies in this way is a way of incentivising the various agencies in a way that before the Proceeds of Crime Act all these same agencies might have thought to be inappropriate.

The more a business understands where it might be vulnerable to an investigation the more it can plan and organise its business so as to make criminal offending most unlikely but in the event that something does go wrong with an employee, director or some person associated with the business (but over whom the business may have minimal control) it is a good idea to have in place some simple safeguards that might just go a long way to avoiding a prosecution. Putting such safeguards in place can be simple and cheap. Having access to good legal advice that is specialist in criminal law is likely to be an excellent adjunct to the more usual legal advice you are used to seeking.

Bear in mind also that key employees, directors or even family members may need the assistance of a criminal lawyer. If that happens the employee or director will be able to continue to function more effectively for the business if they know there is expert assistance available 24 hours a day and 365 days a year. In our experience the criminal law often and suddenly impacts on many law abiding families. It is never something you can plan for which is why a provider such as Clarke Kiernan is such a valuable asset to so many businesses in the County of Kent and beyond.

We like to be involved in criminal matters even before your first interview with any investigator. Waiting for an arrest is often the completely wrong decision as you will then be looking at the situation through a cell hatch which does not assist you to see the big picture and to think clearly about your position.

Early involvement allows us to give assistance that is meant to help you to avoid criminal proceedings. However, if we are involved later in the process we will analyse the whole picture to help decide how best to prepare and present your case in the best light.We will not insist that you use an in-house advocate to present your case in court. We have excellent contacts at the Bar and would want to agree with you the best choice of advocate rather than look to maximise the costs we can charge. Your interests take precedence.

Contact Daniel Bonich to discuss your case and be satisfied that we can offer the skill and service that you need. If out of office hours ring us on our out-of-hours emergency only number at 01892 523999 and ask to be put through to Daniel Bonich. In normal office hours call us on 01732 360999. Speed of contact is very important.