Director Under Investigation: Navigating Personal & Corporate Liability.
Company directors face a unique set of vulnerabilities. The concept of the "corporate veil" offers no protection against criminal investigations into your personal conduct, nor does it shield you from regulatory sanctions if you have failed in your statutory duties.
The Conflict of Interest Problem
When an investigation involves both the company and its directors, a critical conflict of interest often arises. The company's legal counsel cannot advise both the company and the individual directors if their interests diverge.
Crucially: The company's lawyer works for the company, not for you. If it serves the company's interest to cooperate with investigators by providing evidence against a director, they will do so. You require independent, specialist representation immediately.
Areas of Exposure
- Fraud and Financial Crime: Allegations of false accounting, tax evasion, or bribery.
- Health and Safety: Personal liability for corporate manslaughter or gross negligence leading to workplace accidents.
- Directors Disqualification: Proceedings brought by the Insolvency Service that can ban you from acting as a director for up to 15 years.
Strategic Protection
Craig's focus is on separating your personal liability from corporate failings. He scrutinises board minutes, delegation of responsibilities, and internal compliance structures to demonstrate that you acted reasonably and within the scope of your duties.
Are You A...
Your profession shapes both the risk and the strategy. See how Craig works with regulated professionals.
Related Services
Business Crime
Protecting directors, business owners and professionals facing corporate criminal allegations.
Fraud & Financial Crime
Expert fraud and financial crime defence in England and Wales.
Private Defence
Strategic private criminal defence for professionals and business owners facing high-stakes allegations.
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 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 business
Where you run or own a business, an investigation can create commercial and operational questions that should be assessed early.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Your financial position
An investigation can create financial pressure or scrutiny that may need to be managed as part of a wider strategy.
Your career
An allegation can raise longer-term career questions; early advice can help identify how to protect your position.
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
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.
expertise
Experience in the Most Serious Cases
From murder and terrorism to organised crime, large-scale conspiracies and cross-border investigations, Craig MacKenzie has extensive experience defending clients in the most serious and complex criminal cases. That experience shapes every decision, from the first police interview through to trial.
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.