Corporate Crime

The Practice

Our Corporate Crime Group has extensive experience dealing with law enforcement agencies in Ireland and globally, as well as other investigative and prosecutorial bodies and regulators.  Our experience extends to the defence and enforcement of regulatory and criminal breaches and our lawyers act for clients at all stages of regulatory and criminal enforcement processes from investigation to prosecution, including addressing the increasing commercial, regulatory and reputational risks which can arise in this area.

We are the only Irish member of FraudNet an international network of fraud litigation specialists founded by the International Chamber of Commerce.  We are also the Partner Law Firm in Ireland for the global anti-bribery organisation, TRACE and provide expertise in anti-bribery laws and regulations for the benefit of TRACE’s multinational and intermediary members.

The Corporate Crime Group is listed as one of the top 100 firms for international investigations by Global Investigations Review 2017.

Relevant Partners:

Our Experience

Fraud & Asset Tracing

  • Advising an online seller in relation to cross-border fraudulent activity on its online seller account with a large online retailer, including advising on Irish and US offences.
  • Acting for a financial institution in Commercial Court fraud proceedings to unwind an alleged scheme by a debtor involving the dilution of shareholdings in offshore companies to seek to dissipate an interest in a €130m London office complex.
  • Advising a number of financial institutions in relation to investigations in respect of the alleged misappropriation of funds by employees.
  • Advising First Active in the successful defence of claims against it for €150m – including advising on allegations of fraudulent and reckless lending.
  • Advising a telecoms operator on injunctive proceedings and subsequent enforcement proceedings for the sale of property relating to alleged fraud by a former business unit director estimated at €1m.
  • Acting for the Joint Liquidators of the Cayman-based Harley International Fund in inter-pleader proceedings (Commercial Court) for the successful recovery of €12.5m held in Fortis Bank Ireland where the competing interest was the U.S. Trustee in Bankruptcy of the Bernard Madoff Estate and for ABJ Vermögensverwaltung GmbH & Co. KG in its claim against the Thema Fund and HSBC (Commercial Court) arising from the fraud perpetrated by Bernard Madoff.
  • Acting for UBI Banca in respect of their claim of over €12m regarding sums invested in Thema, a UCITS Fund, in respect of which HSBC acted as custodian. It is alleged that all of the monies invested by UBI Banca and other shareholders in Thema were channelled to the fictitious “hedge fund” operated by Bernard Madoff.
  • Acting in Commercial Court summary proceedings commenced by a fund shareholder for the recovery of redemption payments allegedly due following the fund’s suspension of redemptions in the aftermath of the fraud perpetrated by Bernard Madoff.
  • Advising a financial institution in relation to a Ponzi scheme operated by a deceased former employee targeting funds from a series of other financial institutions.
  • Defending a state financial institution against claims from victims of an investment/cheque fraud operated by an employee.
  • Advising a client on the alleged unlawful misappropriation of funds from a partnership through cheque fraud.
  • Acting for the court appointed receiver in aid of a Mareva injunction obtained by IBRC in proceedings against members of the Quinn family and related companies, claiming a €500m conspiracy to place assets beyond the reach of IBRC.
  • Advising clients on the alleged unlawful misappropriation of funds by employees.
  • Advising a client in relation to the alleged unlawful misappropriation of funds through an international financial institution.
  • Advising an insurance broker in relation to alleged insurance fraud by an employee.
  • Advising a client in dealing with reports made to An Gardaí Síochána (the Irish police) alleging offences under the Criminal Justice (Theft and Fraud Offences) Act 2001 arising from the alleged falsification of documents for financial gain.
  • Acting for a financial institution in obtaining a Black Swan injunction in aid of foreign proceedings in the British Virgin Islands, and the concomitant appointment of an asset receiver to secure those assets.
  • Acting for financial services clients in tracing, securing and liquidating assets in multiple jurisdictions, including the UK, France, Luxembourg, Portugal and the British Virgin Islands.
  • Acting for financial institutions in unwinding fraudulent conveyances of significant domestic and international assets to spouses.
  • Representing a State agency in proceedings concerning the alleged misappropriation by the defendant of our client’s assets and converting the assets for its own commercial benefit and to our client’s financial detriment.
  • Successfully represented a US/European plc against an employee who was secretly selling overpriced goods to our client through a third party company which he controlled. With the aid of an Anton Piller Order from the Irish Commercial Court, in conjunction with asset freezing orders, a successful recovery and a settlement of several million euro was achieved.

Criminal Investigations & Prosecutions 

  • Irish counsel advising a client in the defence of criminal proceedings in Germany alleging a tax fraud concerning cum-ex trades.
  • Advising a construction organisation in relation to notification to An Garda Síochána (the Irish police) pursuant to section 19 of the Criminal Justice Act 2011.
  • Advising a charitable organisation in relation to Reporting Obligations under the Children First Act 2015 and advising on potential reporting obligations of volunteers pursuant to section 19 of the Criminal Justice Act 2011.
  • Advising a regulator on the provisions of the Children First Act 2015 in relation to mandatory reporting.
  • Advising a state body on a C&AG Investigation / SEC Investigation.
  • Advising a company director in relation to an IRS/DoJ Investigation.
  • Advising an Irish citizen in relation to an application to lift approximately 60 freezing orders made by An Garda Síochána (the Irish police) pursuant to section 17 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 in respect of trusts’ accounts and funds over a five year period.
  • Advising regulators on search warrant applications.
  • Advising regulators on a food safety prosecution in relation to breaches of labelling regulations and food hygiene regulations.
  • Advising a state body on criminal offences / breach of the NAMA Act and Official Secrets Act (illegal taking of data from former employer).
  • Advising a religious order on requests for information in relation to investigations, by An Garda Síochána (the Irish police)
  • Advising a religious order on financial irregularities and reporting obligations.
  • Advising an Irish citizen on an SEC Investigation/CBI and investigation by US Department of Justice into the affairs of a US company.
  • Advising a regulator on a Draft Enforcement and Prosecution Procedures Handbook and producing same.
  • Advising clients on assault allegations.
  • Advising clients on child protection legislation.
  • Successfully represented (with US Counsel) an Irish national in a US Federal criminal trial for alleged US securities violations which resulted in the US Department of Justice filing a Motion to Dismiss the US indictment against him with prejudice.
  • Successfully assisted an Irish Managing Director and instructed US counsel in a US Securities Exchange Commission investigation concerning Ireland on Revenue recognition issues which successfully resulted in the SEC case in the US being dismissed with prejudice.
  • Successfully represented (with UK solicitors) an Irish person who was charged with alleged VAT carousel fraud in the United Kingdom. After a six week trial in London a jury found our client not guilty.
  • Advising a Canadian citizen regarding his indictment from an online gambling company action in the US and his extradition from Dublin to New York.

Anti-Bribery and Corruption & Lobbying

  • Advising an online gambling company on VIP room dealer fraud including allegations of bribery of players and suppliers.
  • Advising an aircraft leasing company on the anti-bribery and corruption section of its employee handbook.
  • Advising a finance / tax organisation on the making of a whistleblowing complaint under the Irish Protected Disclosures Act 2014.
  • Advising various state and semi-state bodies on protected disclosures.
  • Advising a hotel chain in relation to anti-bribery considerations in respect of its loyalty programme.
  • Advising a corporate hotel chain investor in relation to anti-bribery / anti-corruption legislation in Ireland.
  • Advising an online gaming company in relation to anti-bribery measures and implications for potential overseas contracts.
  • Advising a theatre company in relation to obligations under Irish lobbying legislation.
  • Advising pharmaceutical and medical device companies in relation to obligations under Irish lobbying legislation and the completion of returns / queries under the legislation.
  • Advising an energy company on obligations under Irish lobbying legislation and in relation to queries on lobbying through an intermediary.
  • Advised a state company in proceedings against its former IT manager and third parties in respect of bribery, secret commissions, embezzlement and deliberate overcharging.

AML & Compliance

  • Advising a foreign sovereign state regarding the freezing of €100m by An Garda Síochána (the Irish police) under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, which represented the proceeds of crimes committed against that state.

Cross-Border Mutual Legal Assistance

  • Advising a client in respect of a dawn raid by on foot of orders obtained through the Criminal Justice (Mutual Assistance) Act 2008 in respect of alleged tax evasion offences arising from the Cum-Ex trade scandal.
  • Advising a foreign sovereign state on obtaining orders to trace and monitor transactions relating to the proceeds of crime through Ireland’s Mutual Legal Assistance Treaty obligations.
  • Advising a UK citizen on a Mutual Legal Assistance Treaty (MLAT) request from An Garda Síochána (the Irish police) in relation to providing a statement in respect of a criminal investigation into Anglo Irish Bank.
  • Advising a US citizen in relation to a Mutual Legal Assistance Treaty (MLAT) request from the Italian authorities to the Irish authorities in respect of documentation allegedly held by two Irish registered media companies.
  • Advising a consultancy firm on a Mutual Legal Assistance Treaty (MLAT) request/Revenue dawn raid.
  • Advising a Kazakh financial institution on obtaining a declaration of enforceability of a discovery and gagging order made by the English Commercial Court against Yahoo Ireland.  The order supported the English proceedings – one of the largest fraud cases to be heard by the English Commercial Court concerning fraud in excess of €2.5billion.