Business Crime
With a wealth of experience in criminal law in the courts of the Cayman Islands (as well as England and Wales), added to sound technical knowledge of the regulatory and financial crime framework of the Cayman Islands and international standards, our lawyers are uniquely placed to assist in matters of business crime representing both individuals and companies in criminal proceedings, pre-charge advice, production orders, extradition and international cooperation matters.
The risk of committing a money laundering or terrorist financing offences arises in many different contexts and the consequences can be severe. We advise those subject to investigation and prosecution for substantive money laundering and terrorist financing offences as well as those subject to potential breaches of preventative compliance obligations. The Anti-Money Laundering Regulations carry criminal and regulatory penalties at both the firm and individual level and the overlap in this regard means that Claritas is uniquely placed to assist and advise. We also assist with responses to mutual legal assistance requests and production orders in support of such investigations and prosecutions. Our specialist team advises on all aspects of an investigation and prosecution including search and seizure, arrest, interview, plea, trial and sentencing. We have strong relationships with the Bar of England and Wales and are able to put together a team of counsel (including both King’s Counsel and junior counsel) where this is required.
With the experience of a former senior prosecutor, we are able to give insight into how operational decisions are made, which is invaluable when advising strategically on criminal proceedings. We enjoy a good working relationship with prosecution and investigation bodies as well as the regulators (The Cayman Islands Monetary Authority (CIMA), the Cayman Attorneys Authority (CARA), The Cayman Islands Institute of Professional Accountants (CIIPA) and the Department of Commerce and Investment (DCI) as well as the Registrar of Companies ROC)).
In an increasingly international arena, our expertise in related public law matters, such as Interpol Red Notices, Mutual Legal assistance requests and extradition proceedings comes to the fore.
Our Business Crime team is integrated with our Litigation team as well as Regulatory Law. This is particularly important for clients whose cases carry the risk of both civil and criminal liability who receive a comprehensive and joined-up service.
