Global law firm Clyde & Co has announced a new global private prosecutions service for businesses and individuals as part of its Regulatory & Investigations Group.
Private prosecutions, which are criminal prosecutions brought by an individual or a company rather than a public prosecutor, can be raised in relation to a broad range of offences, including fraud, intellectual property and trademark infringements and regulatory offences. They offer businesses a greater amount of control over proceedings, a faster resolution in comparison with public prosecutions, and an approach better tailored to their specific needs.
Partner Charles Kuhn comments: "Private prosecutions are becoming an increasingly popular course of action for both individuals and companies. State prosecution and investigatory authorities are having to deal with limited resources, and criminal court proceedings in most countries are being impaired by large backlogs and delays due to the COVID-19 pandemic. Against this backdrop parties are assessing more and more how they can pursue cases which police either cannot or will not. We are continually looking for new and better ways to work with clients, and help them achieve the result they need."
The offering will draw on Clyde & Co's strong multi-jurisdictional team of litigators and advocates with experience in civil and criminal proceedings, defending and prosecuting, both on behalf of the state and regulators – and complementing the firm's existing offerings in relation to claimant related civil fraud. The team is aided by the firm's in-house forensic accountants, investigators and business intelligence department based in the UK which can research open source material and uncover valuable information, as well as its close working relationships with a number of world leading forensic accounting and asset tracing firms.
The assembled team has a global reach, with experts based in the UK, Canada, Dubai, Hong Kong, Australia and New Zealand. A number of lawyers behind the offering have worked as prosecutors and regulators in previous roles, including Charles Kuhn, Keith Geurts, David Leckie, Matthew Shanahan, Matthew Lam and Katy Fisher.
Partner Keith Geurts adds: "The benefit of private prosecutions will undoubtedly surge as resources to investigate and prosecute 'civil' crimes such as intellectual property theft and fraud are increasingly limited. Our global team can provide an avenue for clients facing challenges with traditional paths, and provide access to justice where these crimes might otherwise be overlooked."
Clyde & Co's Regulatory & Investigations Group helps clients build resilience against increasingly complex regulation, both locally and internationally, providing cross-border and multi-jurisdictional support to ensure they achieve and maintain compliance across their organisation. The group has the experience and knowledge to bolster compliance in established regulatory frameworks, and the capability to provide rapid, detailed responses to new regulations and legal requirements.