Businesses are facing challenging times. An increase in cross-border enforcement and cooperation between authorities is becoming the norm, obliging companies and their advisors to create coordinated and comprehensive responses to any investigation. The withdrawal of the United Kingdom from the EU hinders the effective cooperation of national law enforcement agencies, and adds a further layer of complexity to the formulation and execution of an effective response strategy.
We partner with businesses to proactively navigate complex situations, including internal or government investigations, economic sanctions, trade violations, criminal defence and monitorships. Our business crime experience includes defending individuals and companies in investigations and prosecutions relating to corruption, insider trading and market manipulation, fraud, and money laundering.
We have an unparalleled team operating around the globe - willing to find cutting-edge solutions to the most challenging problems. We understand that winning in these cases does not mean having your day in court - but formulating and executing strategies to minimise the impact of any investigation on the business and personal lives of all involved.
Imminent Brexit Issues to Consider
European Investigations Orders (EIOs) issued before 31 December 2020 remain enforceable. New EIOs may not be issued by or to the UK, where more cumbersome mutual legal assistance arrangements must now be relied upon.
The UK is no longer a member of Europol and Eurojust, the EU’s cross-border law enforcement and prosecution agencies. Whilst it will continue to cooperate with these agencies, and is entitled to attend meetings, the UK’s influence and standing have been significantly reduced.
European Arrest Warrants are no longer available to the UK. The replacement ‘surrender’ system, while more flexible than most extradition arrangements between countries, is more limited than the prior regime. EU states may, for example, decline to extradite their own nationals to the UK.
UK and EU member state authorities must now rely on mutual legal assistance agreements when sharing information or seeking investigative measures in another country. Responses to such requests should generally be expected to be slower and less certain. Direct access to certain intelligence sharing databases has been lost.
The UK may still form and participate in Joint Investigation Teams with European partners.