Fraud and Regulatory Litigation

Bivonas has extensive experience of representing defendants facing parallel criminal and civil proceedings. The firm advises in relation to all forms of corruption, corporate fraud and related cross-border issues including extradition and mutual assistance. The firm advises and defends corporate clients and individuals concerning suspected bribery and corruption, pursuant to the Foreign Corrupt Practices Act 1977 and the Anti-terrorism, Crime and Security Act 2001. Bivonas manage internal corporate investigations involving suspected fraud or regulatory breaches, advising on strategy, assisting clients to avoid prosecution or to mitigate penalties that may be imposed by regulators in competing jurisdictions.

We have acted 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 the business client, whether claimant or defendant. The firm acts in a range of complex commercial litigation, usually cases that involve financial services organisations and/or disputes requiring expertise in international asset tracing, freezing and search orders, trust litigation, or where there are allegations of fraud, fraudulent misrepresentation or breach of fiduciary duty.

Criminal Investigations and Prosecutions

Bivonas regularly deals with all the major prosecution agencies, industry regulators and professional governing bodies. Our cases proceed in both the criminal and civil courts. The firm’s substantial experience and pre-eminence in proceeds of crime litigation is widely recognised. Bivonas act in a number of high profile and substantial confiscation cases as well as advising in relation to parallel insolvency proceedings.

Members of the firm regularly attend clients in interviews under caution, compulsory interviews (such as responding to Serious Fraud Office “section 2” notices), attend searches of premises and advise in relation to search warrants, restraint and freezing orders.

Advice and representation. 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.

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 the Company Directors Disqualification Act 1986.

The Fraud Act 2006

New offences were 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. 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 Her Majesty’s Revenue and Customs. Frauds on the European Community. Social Security fraud. Public Bribery and Corruption; inducements and rewards to officials of public bodies.

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.

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.

Tax and Special Compliance

Investigations and Prosecutions brought by the Revenue & Customs Prosecution Office. Interviews under caution pursuant to the Police and Criminal Evidence Act 1984. VAT proceedings including representations before the VAT and Duties Tribunals.

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.

ADVICE AND REPRESENTATION AT AN EARLY STAGE:

It is imperative that if you are to be interviewed that you are represented by an experienced team who can provide you with clear advice and ensure you are properly prepared for interview. We will seek disclosure and will deal with matters that are likely to arise at the interview, advising you whether it is appropriate to answer questions, give a prepared statement, or exercise your right to silence.

As well as interviews carried out in relation to individuals as suspects in a case, there is also the power of the Serious Fraud Office under section 2 of the Criminal Justice Act 1987 to require third parties to answer questions, provide information or produce documents for the purpose of an investigation into suspected fraud. Sometimes the SFO require immediate compliance. Our team has assisted on many cases where s2 Notices have been issued, working with our clients to ensure that they understand the ramifications of the process, that they provide what is required, and that they are fully prepared for interview by the SFO.

Search and Seizure

Compulsory document/information request

As far as compulsory document or information production is concerned it is imperative to be advised by a team who can explain the procedures and advise on the scope of the request and its potential impact in relation to both civil and criminal law. For example, former directors of companies in liquidation can find themselves attending compulsory interviews conducted by the liquidator. Information obtained using compulsory powers such as under s.236 of Insolvency Act 1986 can have implications in relation to criminal investigations. Likewise a trustee in bankruptcy has wide ranging powers which may involve investigating trusts and interviewing family members.

Raid on Premises

A raid may take place both at your home and business premises. This can be a very traumatic and disconcerting experience. We can be there immediately to advise you on what is happening, liaise with the officers carrying out the raid, and ensure that they are acting within their powers and that anything seized is within the scope of any warrant or order.