Corporate crime and investigations

Our multi-disciplinary team is comprised of internationally recognised lawyers with genuine experience investigating, prosecuting, and defending white collar criminal and regulatory matters; assisting clients to take legal action against employees and third parties, and to recover misappropriated assets; conducting internal investigations and responding to external investigations; and advising clients on legal and regulatory compliance, and the management of regulatory and integrity risks.

Calm in a crisis, we can not only assist you avoid risk, but we can help you respond to incidents, including allegations of potential wrongdoing. The depth of our knowledge and understanding of the wide range of corporate criminal and regulatory risks means we are also well placed to help you analyse and strategise new or unusual situations with a criminal or regulatory element.

How we can help

Regulatory investigations

Assisting clients respond to ‘notices to produce’ issued by government agencies.
Undertaking legally privileged, internal investigations, to assist clients manage external investigations and consider and action potential self-reporting.
Representing clients in interviews, and discussions regarding potential enforcement action, with government regulators.
Representing clients in court following the issue of civil enforcement or criminal proceedings by government regulators.
Assisting clients manage health and safety obligations, including incident response, and investigations by WorkSafe New Zealand and other regulators.

Internal investigations

Employment investigations into suspected wrongdoing, or where the employer has an obligation to investigate matters following complaints (including whistle-blower complaints).
Privileged investigations into potential misconduct or wrongdoing that could give rise to criminal or regulatory liability.
Investigations into potential fraudulent activity to establish root-causes and to identify potential process improvements, as well as grounds for seeking recovery of losses through litigation or reference to government agencies.

Bribery and corruption

Advising clients on appropriate Anti-Bribery & Corruption (AB&C) policies and training.
Assisting clients comply with offshore AB&C obligations, within multi-national business networks, and under foreign AB&C laws (including the US Foreign Corrupt Practices Act and the UK Bribery Act).
Investigating instances of suspected AB&C breaches, both in New Zealand and across multiple jurisdictions (and advising on appropriate steps).
Identifying and reporting on AB&C risk as part of M&A due diligence.

Anti-trust, competition law and consumer protection

Advising clients on legal requirements in mergers and acquisitions (including obtaining and opposing applications for clearance or authorisation from the NZCC).
Representing clients in competition and consumer related investigations, by the NZCC, and offshore regulators.
Advising clients on appropriate competition and consumer related policies and training.
Working with overseas counsel on foreign cartel investigations (including by the United States Department of Justice (USDOJ)).
Advising New Zealand clients on New Zealand’s ‘new’ criminal cartel prohibitions, including in respect of contracts and arrangements, and investigations into potential misconduct.

Financial crime

Investigating instances of suspected fraud or scams.
Advising clients on appropriate risk controls.
Court action to freeze, and then recover, misappropriated funds or other assets.
Employment action in cases of suspected and proven fraud.
Compiling evidence and liaising with government agencies (including the SFO and Police), or conducting private prosecutions, in instances of fraud and related misconduct.

Criminal and regulatory court proceedings

Representing clients in criminal and regulatory court action taken by government agencies.
Advancing claims for clients to recover funds and other assets misappropriated by others.
Assisting corporate clients as third-parties in criminal or regulatory litigation with document production requests, giving evidence, and managing any associated reputational or legal risks.
Advising and representing clients affected by Proceeds of Crime cases.
Acting for clients seeking name suppression for individual or corporate entities (often as third-parties in respect of other’s alleged offending).

Sanctions and international trade

Advising clients on regulatory obligations arising in respect of international trade, including sanctions, export controls, anti-dumping, and broader customs and trade related obligations (including tax, tariffs and the unauthorised release of goods).
Liaising with MFAT, New Zealand Customs, and other government agencies, to represent client’s interests in relation to trade and business operations.
Assisting clients respond to external investigations by MFAT, New Zealand Customs and other regulators on matters involving cross-border trade and transactions.
Advising clients on supply chain ethics and Modern Slavery issues arising in business, including policies and practices, cross-border compliance, and investigations into potential breaches.

AML/CFT

Advising clients on the application of New Zealand AML/CFT regime to their business.
Internal investigations into potential non-compliance with AML/CFT obligations.
Representing clients in external investigations by government agencies regarding AML/CFT compliance.
Representing clients in Court in relation to AML/CFT matters.