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  Our Services

 

Fraud and Regulatory Litigation
Bivonas has extensive experience of representing defendants facing parallel criminal and civil proceedings. The business community is working under an ever increasing regulatory regime; the use of administrative and civil options available to regulators as opposed to pursuing criminal fraud offences has risen exponentially.
We currently act in fraud and regulatory litigation involving commodity trading, insurance, financial services, health authorities, real estate and tax.

Commercial Litigation
Bivonas provides a full litigation and dispute resolution service for business clients, whether claimant or defendant. We act in a range of commercial litigation, usually where the disputes involve financial services, insurance underwriting and broking, professional partnerships and high net-worth individuals.

Criminal Investigations and Prosecutions
Our cases proceed in both the civil and criminal courts. We regularly deal with all the major prosecution agencies, industry regulators and professional governing bodies. We have specialist expertise in the following areas:

Company Fraud
Frauds On Creditors
Frauds on Investors
Frauds on The Public

Extradition and Mutual
Legal Assistance
Money Laundering

Advice and representation at an early stage by an expert team is imperative when dealing with a fraud investigation or prosecution. We advise on a wide range of matters including providing statements, attending interviews, interviews under caution, disclosure, searches of premises, seizure, restraint and property freezing orders.

We have been Legal Services Commission panel members since the inception of the Very High Cost Case (VHCC) system established in 2000. In December 2007 we were appointed to the new VHCC Panel.

 

Investigations
Bivonas advise in relation to document control, corporate governance and the proper utilisation of protections such as legal professional privilege, the implementation of "emergency" procedures to deal with an unexpected raid and advising in relation to the scope of an investigator’s powers and challenging those powers when appropriate.

Property
Civil and criminal litigation often involves detailed examination and understanding of complicated property transactions. Bivonas advise in relation to all aspects of commercial property. We act for a major financial services company in relation to property matters.

 

 

Company Fraud
Offences involving directors' disclosure, financial assistance, prohibited loans and share transactions, insolvency offences, falsification, destruction or suppression of records, false accounting, false statements by company directors, fraudulent trading and directors' disqualification under Company Directors Disqualification Act 1986.

The Fraud Act 2006
New offences are created by the 2006 Fraud Act which came into force in January 2007. These include false representation, failure to disclose information and abuse of position.
It is no longer necessary to prove that the victim was deceived: all that is required is to prove that a person was dishonest in his behaviour and that he intended to make a gain for himself or cause a loss to another.

Frauds on Creditors
Offences in winding up or bankruptcy. False declarations of solvency, concealment or disposal of property. Falsification of documents. Obtaining credit by deception.

Frauds on Investors
Misleading statements, market manipulation, mis-selling and insider dealing.

Frauds on the Public
Cheating the public revenue. Frauds on HMR&C. Frauds on the European Community. Social Security fraud. Public Bribery and Corruption; inducements and rewards to officials of public bodies.

Extradition and Mutual Legal Assistance
On 1 January 2004, the Extradition Act 2003 came into force. The United Kingdom has extradition relations with more than 100 countries under multilateral extradition conventions or agreements, or under bilateral extradition treaties.
Mutual Legal Assistance is the formal way in which countries request and provides assistance in obtaining evidence located in one country to assist in criminal investigations or proceedings in another country.

Money Laundering
Criminal confiscation and money laundering offences are inter-linked. Money Laundering is the process by which criminal proceeds are sanitised to disguise their illicit origins. Money laundering schemes can be very simple or highly sophisticated. Most sophisticated money laundering schemes involve three stages:

• Placement - the process of getting criminal money into the financial system;

• Layering - the process of moving money in the financial system through complex webs of transactions, often via offshore companies;

• Integration - the process by which criminal money ultimately becomes absorbed into the economy, such as through investment in real estate.
Prosecutions for money laundering can involve any of these stages in the money laundering process. Money laundering includes aiding, abetting, counselling or procuring.
Bivonas advise in relation to money laundering offences and money laundering regulations/ compliance.

Tax and Special Compliance
We defend tax cases brought by the Revenue & Customs Prosecution Office. We have extensive experience of representing clients interviewed under caution pursuant to the Police and Criminal Evidence Act 1984 in fiscal investigations by revenue and customs investigators.

Cartels
Since 2003 and the implementation of part 6 of the Enterprise Act 2002, it has been a criminal offence for an individual dishonestly to engage in price fixing, bid rigging, the limitation of supply or production or market sharing.

 

BIVONAS, 24 Cornhill, London EC3V 3ND. Tel: +44 (0)20 7337 2600. Email: