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 2018.

We established the Irish chapter of the Women’s White Collar Defense Association, an international coalition of women lawyers and other professionals with relevant expertise in the corporate sphere. Joanelle O’Cleirigh, Deirdre O’Mahony and Jillian Conefrey are active members of the organisation. Further information on the Irish chapter can be found here.

Our Experience

  • Acting in the defence of criminal investigations and prosecutions, including in prosecutions arising from workplace fatalities and accidents, prosecutions relating to the treatment and shipment of waste and a prosecution arising from a gas leak.
  • Advising regulators in relation to their investigations, enforcement and prosecution functions, including on applications for search warrants and bringing prosecutions.
  • Advising corporate clients where their statutory auditors are reporting the suspicion of an offence under the Companies Act to the Office of the Director of Corporate Enforcement (ODCE).
  • Advising a regulator in relation to drafting an Enforcement and Prosecution Procedures Handbook.
  • Advising various clients on reporting obligations, including reporting obligations under section 19 of the Criminal Justice Act 2011 and child protection legislation.
  • Advising a state body on criminal offences / breach of the NAMA Act and Official Secrets Act (illegal taking of data from former employer).
  • Advising in relation to requests for information in relation to investigations by An Garda Síochána (the Irish police)
  • Successfully representing (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.
  • Irish counsel advising a client in the defence of criminal proceedings in Germany alleging a tax fraud concerning cum-ex trades.
  • Advising various clients, including state bodies and company directors, on US-related investigations, including investigations by: the Securities Exchange Commission (SEC); Internal Revenue Service (IRS)/ Department of Justice (DoJ) investigation.
  • 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 our client 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.
  • Advising a Canadian citizen regarding his indictment from an online gambling company action in the US and his extradition from Dublin to New York.

 

  • Advising an online seller in relation to cross-border fraudulent activity on its online seller account with a large retailer, including advising on Irish and US offences.
  • 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 liquidator of the Cayman-based fund in inter-pleader proceedings (Commercial Court) for the successful recovery of €12.5m held in an Irish bank where the competing interest was the US Trustee in Bankruptcy of the Bernard Madoff Estate.
  • 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.
  • 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.
  • 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.
  • 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 various clients, including financial institutions, in relation to the alleged unlawful misappropriation of funds.
  • 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.
  • 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 an insurance broker in relation to alleged insurance fraud by an employee.
  • 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 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 on Irish anti-bribery/anti-corruption legislation, including in respect of client loyalty programmes, the implications for overseas contracts, and on employee handbooks, procedures and policies.
  • Advising various clients on whistleblowing and the Irish Protected Disclosures Act 2014
  • Advising various clients, including pharmaceutical and medical device companies and energy companies, in relation to obligations under Irish lobbying legislation and the completion of returns under the legislation.
  • Advising an online gambling company on VIP room dealer fraud including allegations of bribery of players and suppliers.
  • Advising a state company in proceedings against its former IT manager and third parties in respect of bribery, secret commissions, embezzlement and deliberate overcharging.

 

  • 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 alleged proceeds of crimes committed against that state.
  • Advising a client in relation to an application to lift approximately 60 freezing orders made by An Garda Síochána (the Irish police) pursuant to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 in respect of trusts accounts and funds over a five year period.

 

  • Advising on Mutual Legal Assistance Treaty (MLAT) requests, including:
    • advising a UK client on an 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 client on an MLAT request from the Italian authorities in respect of documentation allegedly held by two Irish registered media companies; and
    • advising a client in respect of a dawn raid 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 client in respect of a dawn raid 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 MLAT obligations.
  • 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.