Corporate Crime
BTO’s Corporate Crime team has three former prosecutors and three solicitor advocates who all have extensive experience in appearing in the criminal courts throughout Scotland. The team has a proven track record in dealing with corporate clients, including directors and senior managers, as well as companies, who find themselves dealing with the police and other enforcement authorities and facing the potential of prosecution.
Increasingly there are calls from the public and therefore from the Government that company directors and managers are held personally accountable for criminal offences previously only pursued at a corporate level. This makes the provision of the correct legal advice even more important, as individuals face prisons sentences if convicted.
At BTO we recognise the importance of providing sound advice as early as possible in the investigative process. We are proud of our track record as, on many occasions, we have successfully steered clients through the investigative process whereby they have avoided criminal prosecution by prompt tactical advice and engagement with the authorities at the appropriate time. We understand the criminal justice system instinctively and are best placed to assist corporate clients and individuals alike.
Additionally, we also provide advice to reporting agencies in Scotland who have to report all criminal cases to the Procurator Fiscal who decides whether or not to bring proceedings. We advise investigators on Scottish procedure during investigations and also liaise with the Crown and the reporting agency to improve the success rate of prosecutions which are successfully pursued.
In addition to providing advice to clients facing investigation for fraud, embezzlement, bribery, corruption and other related financial crimes, we can also provide specialist advice to corporate clients who find themselves the unwitting victims of such crimes, and assist them in their in their investigations and in their requirements, potentially, to self report under the Proceeds of Crime Act 2002.
Our services include:
- An immediate response to incidents
- Advice and assistance as to how to deal with requests for evidence and interviews made by the police and other enforcement agencies
- Representation and advice at police and other interviews
- Criminal Advocacy
- Regulatory compliance advice
- Advice to reporting agencies about reporting matters to the Crown
- The personal touch
What we do:
- Corporate Crime, including, fraud, embezzlement and bribery offences
- Corporate Homicide
- Intellectual Property Theft and Infringements,
- Money laundering offences under the Proceeds of Crime Act 2002
- Directors & Officers’ Liabilities
- Regulatory compliance advice
Contact: Vikki Watt, Partner vwa@bto.co.uk / Alasdair Gillies, Partner adg@bto.co.uk T. 0141 221 8012
All of the above are qualified Solicitor Advocates.
Experience
- Fraud and embezzlement
Assisting organisations in relation to employees suspected of committing fraud and embezzlement.
- Bribery and corruption offences
Investigating alleged bribery and corruption offences on behalf of companies and assisting them with self reporting responsibilities.
- Training
Providing training on compliance with the Bribery Act 2010 and Proceeds of Crime Act 2002.
- Raising civil proceedings
Raising civil proceedings to inhibit employees from disposing of their property pending investigation by the authorities.
- Recalling a restraint order
Recalling a restraint order against a client under the Proceeds of Crime Act 2002 at the Court of Session.
- Regulatory offences
Acting on behalf of directors, sole traders and individuals, facing investigation and prosecution for regulatory offences.