Serious Fraud Defence

Berkeley Square Solicitors are leading London criminal defence lawyers, recognised for their expertise in defending professionals and companies against allegations of Fraud and Business Crime

As one of the UK's leading fraud defence law firms, Daniel Godden and Roger Sahota are recognised experts in the field and write and lecture extensively on the subject. Business Crime prosecutions are on the increase, reflecting a growing trend away from the State dealing with company and corporate misconduct by administrative sanction. BSQ have a track record of dealing with these types of investigations and prosecutions and will help you promptly and effectively respond to any allegations of fraud or regulatory misconduct.

We can assist you in financial investigations conducted by:

• Revenue and Customs Prosecutions Office (RCPO)

• HMRC Special Compliance Office

• Department for Business Enterprise and Regulatory Reform (BERR)

• Serious Fraud Office (SFO),

• City of London Police,

• Financial Services Authority (FSA)

Recent BSQ cases include the SFO investigation into AMEC Foster Wheeler and the SFO enforcement proceedings against BSQ client Dr Gerald Smith (concerning the largest confiscation order ever made in excess of £40m.) BSQ are also presently acting for a number of companies and high-net worth individuals in pending criminal and regulatory investigations.

In particular Roger and Daniel have a niche in challenging pre-charge investigatory measures common in fraud and business crime prosecutions such as restraint orders, disclosure orders, AFO’s and search warrants.

With a background in representing professionals and businesspeople BSQ can also assist you on how best to deal with any reputational damage that may follow an investigation or prosecution – injuncting or responding to prejudicial pre-trial news coverage for example - and refer you to the right external advisers where necessary.

Berkeley Square Solicitors also advises Directors and individuals in relation to their responsibilities under the Companies Act, Proceeds of Crime Act, Taxes Management Act and Directors Disqualification proceedings.

​Read our briefing on the Government’s proposals to reform the law on corporate criminal liability by introducing a new failure to prevent economic crime offence here.

If you require advice and assistance in relation to a financial crime matter please contact our London offices.

Client A was one of 13 suspects which included 7 city investment bankers charged with a £2.5 million tax fraud relating to a film funding scheme which was purportedly set up to cheat the public revenue. Whilst a decision to charge was made against our client it was discontinued against him after forceful and detailed representations were made by BSQ partner Daniel Godden avoiding the need for him to stand trial. Read about the case in the Evening Standard.

Client B was prosecuted by the CPS Specialist Fraud Division for fraud by false representation resulting from a HMRC investigation in relation to an alleged Montpellier tax avoidance scheme. B had purchased a Contract for Difference which the CPS/HMRC believed was a device for securing a tax advantage based on an artificial capital loss. BSQ successfully applied to dismiss all charges in the Crown Court. This brought to an end a significant criminal investigation by HMRC for both B and many others under investigation for similar conduct. See the article in Taxation.Co.Uk.

Client C was the Director of a Construction / Demolition company who was the lead Defendant in a case involving 11 people and 10 separate companies which was alleged to have caused a multi-million-pound loss to the Revenue over a number of years in a complex construction industry ‘cash back fraud’ involving VAT and CIS. The majority of the case effectively collapsed after Daniel Godden identified significant disclosure problems which had been concealed by the Prosecution.