Criminal and financial crime

Risk management for corporate clients

We assist corporate clients to identity and assess risk and enhance their financial crime compliance policies and programmes. Business are at risk not only from rogue employees but also from corporate failings which could lead to the prosecution of the company itself or its directors. Being prosecuted is likely to cause brand damage, be expensive and tie up management resources for a lengthy period. The risks may exist in many areas which for some organisations are largely below the radar. Obvious examples include: anti-money laundering; bribery and corruption; sanctions breaches; health and safety violations including corporate or director level manslaughter or illegal financial operations.

Appellate cases

The team has a strong track record of acting in the appeal courts up to and including the Supreme Court. These have sometimes involved high profile miscarriages of justice requiring determination and persistence over many years to obtain a successful outcome.

Health and safety, trading standards and environment criminal investigations

Our involvement usually arises when things have gone very wrong resulting in death, serious injury or serious environmental damage making serious criminal charges a real risk. Early representation, for example, at an inquest may be essential to mitigate the risk of prosecution.

The team is experienced in dealing with allegations relating to: employees and contractors; pollution and spills; food and hygiene; fire; agriculture, transport and road and rail safety.

The team also deal with inquests and inquiries with a view to mitigating the risk of prosecution.

Extradition and international investigations

Our team has recognised experience and expertise in extradition proceedings, particularly in cases involving: complex or very serious allegations; novel human rights issues; multiple jurisdictions or Mutual Legal Assistance between states.

Private prosecutions

The firm has substantial experience of mounting private prosecutions on behalf of several well-known  international brands. From time to time it also acts in private prosecutions for fraud both for prosecution and defence. This type of proceedings which may be brought by well-resourced individuals after the police have declined to prosecute often on the basis of budgetary constraints, are becoming increasingly important. They present their own special challenges in both prosecuting and defending. A successful prosecutor may expect to be reimbursed their costs from central funds but however, skilfully handled any litigation carries risk. The team are in some cases able to deal with this by undertaking sufficient investigation and analysis to make it more likely that the police will pursue their own investigation.

We have considerable experience in mounting prosecutions for infringement of intellectual property rights including on behalf of the Federation Against Copyright Theft.

Our experience includes defending private prosecutions for fraud including obtaining an acquittal after a six month trial.

Offences involving children, young  and vulnerable adults and families

Russell-Cooke has a nationally leading practice relating to children and young adults. We often come to the assistance at the request of parents when their children need representation. This requires particular skills and understanding of the way that minors are dealt with within the criminal justice system.

The police and the courts take allegations of stalking and harassment much more seriously than once they did. Such allegations often come from the high emotional charge of family breakdowns.

Recent cases include a case in which a four month old baby had sustained multiple fractures involving complex medical evidence as to cause; allegations of modern slavery in a family context. We advise clients in relation to the law and investigations around assisted suicide and “mercy killing” cases.

Farming and agriculture

Within the farming and agriculture sector our specialists represent clients from the farming community throughout the UK, particularly those under investigation and facing prosecution. Our team has a successful record representing farmers facing prosecution from Trading Standards, Rural Payments Agency, BCMS, DEFRA and environmental agencies.

We have successfully defended prosecutions against farmers for:

• breaching cattle identification regulations including BCMS, ear tagging and passport irregularities
• fraud: allegations relating to movement of animals
• animal welfare and animals transport breaches
• animal testing: tuberculosis testing and BSC related allegations and appeals
• dangerous animals or livestock