Corporate Crime, Regulatory Investigations and Enforcement
Our team at ByrneWallace has extensive experience advising and representing clients across all aspects of Corporate Crime and Regulatory Enforcement.
With a strong background in criminal law, we have proven experience dealing with investigations carried out by regulatory bodies including the Central Bank, Office of Director of Corporate Enforcement, The Competition and Consumer Protection Commission, the Central Bank, the Revenue Commissioners, the Data Protection Commissioner and the Environmental Protection Agency.
We also have particular expertise in financial services investigations, anti-money laundering, criminal sanctions and judicial reviews. We also have experience both prosecuting and defending in the area of criminal and regulatory enforcement, acting for companies, directors and private individuals as well as representing a number of State Agencies undertaking their enforcement role in a fair and balanced manner.
Our team of lawyers includes specialists with an in-depth knowledge of the laws and procedures governing regulatory enforcement mechanisms and of the courts system and the process involved in prosecuting and defending regulatory offences. We also have experience analysing a broad range of complex legislation and expertise on the parameters within which such investigations can operate. Our senior lawyers also have expertise in risk management, managing strategic relationships with regulators and risk prevention.
We understand the pressures clients face when under investigation by a regulatory authority and aim to manage the investigation in a manner that will limit the potential impact on our client’s business. By proactively engaging early and offering strategic advice, we can help clients avoid the risks posed by such investigations.
In seeking to resolve a matter, we forensically analyse the issues, providing comprehensive focused advice and can assist in managing any reputational risk associated with criminal and regulatory investigations.
Our focus is on delivering excellent service in a timely, efficient and cost effective manner.
We provide advice in relation to:
- Regulatory Investigations
- Defence of Criminal/Regulatory Prosecutions
- Unannounced inspections/Dawn Raids
- Mandatory Reporting Requirements
- Managing clients relationships with Regulators
- Managing Reputational Risk
- Fraud and White Collar Crime
- Competition Law investigations
- Data Protection and Privacy
- Environmental Law
- Health and Safety Law
- Misleading and Comparative Advertising Regulations
- Food Law
- Public Health Law
- Advising banks in relation to the tracker bond investigation in Ireland by the Central Bank
- Advised clients in relation to investigations and prosecutions brought by the ODCE, including advice and assistance on the provision of witness statements.
- Advised directors on their statutory duties to comply with the relevant legislation and penalties for non-compliance including non-compliance with the Companies Act 2014.
- Advised clients on mandatory reporting requirements, in particular the obligations of individuals, companies and directors to report information concerning white collar crime pursuant to the provision of the Criminal Justice Act 2011.
- Advised companies and directors on investigations by the Competition and Consumer Protection Commission, including advice on cartel and dominance investigations and on the workings of the Cartel Immunity Programme.
- Attended dawn raids advising clients on the process.
- Advised clients in relation to the Central Bank’s investigation and inquiry process pursuant to Part IIIC of the Central Bank Act 1942 into suspected prescribed contraventions of financial services legislation.
- Advised senior executives on their privilege against self-incrimination and the associated risks with the voluntary disclosure of evidence.
- Successfully represented clients in defending regulatory prosecutions taken by the Environmental Protection Agency, the Pharmaceutical Society of Ireland and the Revenue Commissioners in summary prosecutions in the District Court.
- Advised leading retailers on Misleading & Comparative Advertising Regulations, preparing letters of complaint to the Advertising Standards Authority of Ireland.
- Advised clients on compliance with the Data Protection Acts 1988-2003, the Data Protection Commissioners’ guidelines, the Article 29 Working Group Recommendations, developing case law in the area of privacy, and the impending Data Protection Regulation.