My Business Is Under Investigation. Managing Multiple Risk Vectors.
When a business becomes the subject of a criminal or regulatory investigation, the leadership team faces a complex matrix of concurrent risks: legal liability, operational disruption, and reputational damage.
The Immediate Priorities
- Establish the scope: We must rapidly ascertain whether the investigation targets the corporate entity, specific directors, or both.
- Secure documentation: Implement an immediate document retention policy to prevent the accidental or deliberate destruction of evidence, which could lead to separate charges.
- Manage internal communications: Control what is communicated to employees. Internal emails discussing the investigation are frequently seized and weaponised by investigators.
Navigating Multiple Regulators
A single incident may trigger interest from the Police, the Health and Safety Executive (HSE), the Environment Agency, Trading Standards, or sector-specific regulators. Each agency has different powers and objectives. A disjointed response across these different fronts can be disastrous. Craig provides central strategic coordination, through Forbes Solicitors, to ensure a consistent, unified defence.
Protecting Business Continuity
Investigations are inherently disruptive. Seizure of servers, freezing of bank accounts (via Account Freezing Orders), and the distraction of key personnel can threaten the survival of the business. Early strategic intervention aims to minimise this disruption, negotiating with investigators to allow the business to continue trading while the investigation proceeds.
Are You A...
Your profession shapes both the risk and the strategy. See how Craig works with regulated professionals.
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Frequently Asked Questions
Suggested Reading
Understanding Criminal Investigations: A Strategic Guide
The definitive guide to criminal defence in England and Wales for professionals. What to expect, how to protect yourself, and how strategic defence works.
Police Search Warrants: A Strategic Guide for Homes, Businesses and Professionals
A strategic guide to police search warrants in England and Wales: the powers behind a search, what can be seized, privileged and protected material, and why the period immediately after the search may be decisive.
When the Authorities Freeze or Seize Your Money or Property: A Strategic Guide to POCA
A strategic guide to the Proceeds of Crime Act 2002 in England and Wales: cash seizure, Account Freezing Orders, restraint, confiscation and third-party property, and why identifying the precise power comes first.
The wider picture
What else could this affect?
An investigation rarely stays in one place. These are the areas that, depending on the facts, may also need to be considered.
Your business
Where you run or own a business, an investigation can create commercial and operational questions that should be assessed early.
Your board
For directors and executives, a board may need to consider its own position, and how that interacts with the criminal matter should be planned.
Shareholders and investors
Shareholders, investors or lenders may have questions, and how anything is communicated can have lasting consequences.
Your financial position
An investigation can create financial pressure or scrutiny that may need to be managed as part of a wider strategy.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Your employer
An employer may become aware of, or need to consider, the allegation; the timing and approach can matter a great deal.
Before you act
The decision you may be facing next
People in your position often face one of these decisions before anything else. Each one is best made with advice, not under pressure.
Should I tell my board?
Should I provide documents that have been requested?
Should I seek pre-charge representation now?
A parallel process
If this affects your business and board
For directors and executives, an investigation can raise board, business and disqualification questions that are best planned alongside the criminal matter.
Who may become involved
- Your board
- Shareholders and investors
- The Insolvency Service (disqualification)
- Relevant regulators
How it can unfold
- 01An allegation, whistleblower report or regulator raises a concern
- 02A police or agency investigation begins
- 03Your board may need to consider its own position
- 04An internal investigation may be launched
- 05Disclosure and shareholder questions may arise
- 06Director conduct and disqualification risk may be assessed
expertise
Over 700 Trials Conducted Personally
Unparalleled courtroom experience built across two decades. Every case is led by Craig MacKenzie, not delegated.
expertise
Early Intervention Changes Outcomes
Engaging specialist counsel before formal proceedings begin consistently produces better outcomes for clients.
expertise
Forensic Science Background
Craig's forensic science background enables technical mastery of digital evidence, financial records and complex disclosure: a rare advantage in serious criminal cases.
Do You Require Advice About Your Circumstances?
This material provides general information and is not a substitute for advice about a specific investigation or case.
Craig provides legal services exclusively through Forbes Solicitors. To make an initial enquiry, contact Craig at:
craig.mackenzie@forbessolicitors.co.uk
An enquiry does not constitute an instruction. Forbes Solicitors must confirm in writing that it has accepted the matter before any solicitor–client relationship arises.