Corporate crime is a crime that has been committed in one of two ways
Corporate crimes that are most often committed are classed as white collar crimes such as:
Richard Freeman (AKA Mr. Technicality) is one of Scotland's most prominent Solicitor Advocates with the skills, decades of experience and technical expertise to vigorously defend your position. Its important to enlist the services of an expert defence lawyer with a strong track record such as Mr. Freeman.
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These offences can be committed as an individual, but they are classed as corporate crimes when they are committed by corporations or directors on behalf of corporations for financial gain.
An example of a well known corporate crime is the Volkswagen fraud where employees at Volkswagen installed software, designed to give a false appearance of low carbon emissions, where in fact the vehicles exceeded the legal limit for such emissions. The company was held responsible for the fraud.
Another example of a crime that could be committed by a person, as an individual, or as a corporate crime, is a Ponzi fraud where a false promise of riches is marketed by a company set up to perpetrate the fraud. It involves inducing people to hand over a significant sum of money guaranteeing unusually high returns. At first this seems a legitimate business because investors are receiving the returns and their original investment, but what in fact is happening is that the fraudster is simply paying out other investors' money to the people who want to claim their original investment and their profit. This is clearly unsustainable and a fraud.
If the fraudster has set up a company to trade in this way, the fraud can be classed as a corporate crime.
Many cases are initially investigated by enforcement agencies such as the Health and Safety Executive (HSE) and the Scottish Environment Protection Agency (SEPA). Many investigations are also carried out by Police Scotland. Most agencies are given Lord Advocate's Guidance on enforcement policies, and when they should be consulting with, or submitting a crime report to the Crown Office and Procurator Fiscal Service (COPFS) for consideration of a prosecution.
There are a number of stages where a resolution can be reached, including alternatives to prosecution negotiated with the agencies who have regulatory powers.
At Criminal Defence Solutions we are very well versed with the importance of early and effective advice and engagement with the agencies involved and if necessary, pre-prosecution negotiations.
If the matter requires to proceed to court we have a wealth of experience spanning over 30 years of daily court appearances at all levels, in all courts across Scotland. We spend more working hours in court than anywhere else. Unlike other firms, we harness all our resources to defend criminal prosecutions throughout Scotland, which places us in a unique position, for which we are recognised as formidable negotiators, who are not shy to enter the court battleground if required. Our unenviable success rate speaks for itself.
Company Directors and Managers are finding themselves in the firing line for prosecutions which where previously confined to the company itself. This has exposed such individuals to severe penalties including imprisonment. It is often the case that a conflict can arise between the company, and the directors or managers. It is important that any potentail conflict is identified early on and that they are separately represented from an early stage.
Where there are proceeds of crime the local Procurator Fiscal's Office will often liaise with the Crown Office, and may agree not to prosecute a case, provided the proceeds of the crime are remitted to the Crown Office. The Proceeds of Crime (Scotland) Act 2005 is very far reaching and has very wide powers. The Crown Office can seize assets and property to the value of the proceeds, regardless of whether they were purchased with the proceeds of any crime, provide they obtain a conviction for a qualifying offence or if they are deemed to live a criminal lifestyle.
Our Experienced solicitors and solicitor advocates can provide immediate advice to avoid a professional and economic crisis. We are skilled at quickly identifying the main issues with the most complex of cases, and formulating an effective and reassuring action plan with immediate effect.
Contact us now for an initial free consultation with one of our lawyers at Criminal Defence Solutions.