Criminal Litigation

Criminal Defence and Police Investigations

We are recognised as the leading criminal defence firm in the UK.  We represent clients at police station interviews through to proceedings at the Magistrates’ and Crown Court.  Our reputation is based on over 80 years of discreetly yet fearlessly providing the highest quality legal advice and representation to our clients.

We represent a wide range of clients, including young people, professionals and well-known individuals in government, sports, media, entertainment and financial industries, for whom a criminal investigation can have devastating reputational, personal, financial and professional consequences. We work closely with our reputation and media lawyers to provide a seamless comprehensive service.

White Collar and Financial Crime

Kingsley Napley has been expert in the field of white collar crime and fraud defence for more than 50 years.  The firm has an unrivalled reputation and one of the largest, most experienced and respected teams in the City.

We act for companies and individuals subject to investigation and prosecution by agencies including the Serious Fraud Office (SFO), City of London Police, Crown Prosecution Service (CPS), Financial Conduct Authority (FCA), HM Revenue and Customs (HMRC), Insolvency Service and the Competition and Markets Authority (CMA).  Some of our lawyers have worked for these organisations in the past, so have knowledge of the process from both sides of the fence. We are also regularly instructed in multi-jurisdictional investigations conducted by overseas agencies such as the US Department of Justice (DoJ) and FBI. We also act as independent legal advisers for witnesses.

Corporate Crime

Our heritage as criminal law experts makes us a natural go-to firm for companies which find themselves at risk of criminal investigation and prosecution.

Like individuals, companies are subject to the criminal law and can be prosecuted. The last few years have seen a trend in prosecutors targeting companies, both in the UK and overseas. Prosecutors have been assisted in doing so by the so-called failure to prevent model, introduced into our law by the Bribery Act 2010, and extended to include the failure to prevent the facilitation of tax evasion offence contained in the Criminal Finances Act 2017.

The investigation and prosecution of a company will often run in parallel with proceedings against individuals, which may include the most senior personnel. On conviction, companies can expect a significant fine, as well as being ordered to make confiscation and costs payments. If the company reaches a settlement with the authorities in the form of a deferred prosecution agreement, it will have to make payments to cover a penalty, compensation and costs and it will also have to demonstrate that it is reforming itself. This may lead to the appointment of an independent monitor to assess and report on the effectiveness of a company’s compliance and ethics policies and procedures. However the criminal case is disposed of the company will almost inevitably face risks of debarment from public contracts, follow-on civil claims and reputational fall-out, all of which need to be mitigated and contained.

Frequently, jurisdictional issues arise and a company may find itself subject to investigations based on the same or similar facts but conducted by different investigators, prosecutors and regulators, both from within the UK and abroad.

Having worked on landmark cases in this field, we are well placed to advise on corporate criminal liability issues and we are trusted to guide companies through the process of investigations, self-reporting and negotiating with prosecutors to achieve the most favourable outcome. Our diverse client base spans FTSE and other listed or international companies to traditional smaller enterprises.

Investigations

Kingsley Napley made its reputation on its outstanding criminal defence work and our modern white-collar practice is built on those foundations.

Whether advising corporates or individuals caught up in criminal or regulatory  investigations to conducting internal investigations  for companies or advising individuals affected by internal investigations, we help our clients steer a course through the legal, regulatory and reputational challenges such situations present.

From suspected fraud, corruption, tax evasion or regulatory breaches to allegations of sexual misconduct or human rights abuse, our broadly-based criminal and regulatory practice gives us the experience needed to provide our clients with the best strategically-sound and practical advice.

Financial Conduct Authority Advice

We are market-leading advisers who provide intelligent and tactical representation for individuals and companies in the financial services industry under FCA scrutiny for criminal or regulatory matters. In particular, we advise on FCA enforcement matters, supervisory interventions, and contested approvals.

Proceeds of Crime and Money Laundering

Kingsley Napley has an excellent reputation for proceeds of crime work, born of long-standing experience. This practice area continues to grow as law enforcement agencies target funds alleged to have a suspicious origin and make increasing use of measures designed to tackle illicit finance, including account freezing orders and unexplained wealth orders.

We act for individuals and their family members who may find themselves, unwittingly or otherwise, targets of the asset recovery or forfeiture regimes. We also advise financial institutions, professional services firms and companies – from the property, art market and gambling sectors through to medicinal cannabis manufacturers.

The risks of falling foul of enforcement action under the Proceeds of Crime Act 2002 (“POCA”) can be loss of assets, fines or even imprisonment. Our priority is to deal with allegations as quickly and discreetly as possible. We are recognised as a go-to firm for those alleged to be connected – directly or indirectly – with funds of suspicious origin. We are also frequently approached by individual and corporate clients to conduct preventative checks on their asset base or company processes for monitoring money laundering or POCA compliance.

Extradition and INTERPOL

We are the leading experts in the fields of extradition and INTERPOL Red Notices, ranked in Band 1 of Chambers & Partners UK, with a long and successful track record of working in this field. Kingsley Napley has a long-established reputation for advising on all aspects of international crime.

We represent British and overseas nationals in extradition proceedings, including high net worth individuals subject to politically or commercially motivated proceedings overseas, and we assist clients with the removal of Red Notices and other INTERPOL alerts. We frequently assist people who believe themselves to be at risk, either in anticipation of an investigation or where proceedings have already commenced, and provide strategic advice on protective steps that can be taken at the outset. For British nationals who find themselves subject to extradition requests or investigations emanating from overseas authorities, we are able to utilise our experience in collaborating with and providing guidance to the respective embassies regarding these investigations. We are also one of the few firms to have acted in some of the most high-profile cases relating to war crimes and crimes of universal jurisdiction.

Whether a case involves complex cross-border asset protection or the risk of political persecution, we understand the strategic considerations involved. We have a superb network of international lawyers with whom we work on extradition, mutual legal assistance requests and international investigations into offences such as corruption, cartels, fraud and money laundering. Furthermore, as a multi-disciplinary practice, we can team up with our immigration and asylum, family law and reputation management specialists to cover every area of risk.

Corporate Manslaughter and Health & Safety

In today’s complex regulatory landscape, ensuring a safe and healthy working environment should be right at the heart of any responsible business. Both organisations and individuals have duty to protect the health and well-being of their employees, as well as non-employees who may be impacted by their operations, and may face prosecution and significant penalties if they do not.

We work closely with our clients to help them take the practical steps needed to meet their legal responsibilities, and to respond appropriately when things don’t go to plan. When we are instructed at the outset of a health and safety investigation, we advise on the measures to take to seek to minimise the risk of criminal proceedings being commenced against the corporate body as well as any directors, senior managers, or employees.

Our multi-disciplinary team covers every aspect of health and safety regulation, along internal and criminal investigations and reputation management. We work with individuals and organisations across all sectors, but also have specialist expertise in the fields of construction and the built environment, leisure and hospitality.

Tax Fraud

Our team of expert tax lawyers has a proven track record of successfully defending both individuals and companies in civil and criminal HMRC investigations in the UK and overseas.

This includes investigations regarding the alleged evasion of income tax, corporation tax and VAT (including missing trader/carousel frauds) as well as investigations into tax avoidance schemes (including film investment schemes, pension schemes, patent investment schemes, and schemes investing in contracts for difference) and investigations arising from money laundering proceedings.

Despite headlines of resource constraints within HMRC and criticism that it does not do enough to tackle tax evasion on an individual or corporate level, HMRC’s powers and the zeal of its fraud investigations unit should not be underestimated.

HMRC has ambitious prosecution targets and is under pressure to do all it can to protect the public purse. It also has new legislative tools at its disposal to hold parties to account.