Investigations

We represent clients in Jersey in Guernsey seeking deferred prosecution agreements. There are financial and criminal intelligence and enforcement bodies in each of our Ogier jurisdictions and we have extensive experience in each of them in representing our clients in respect to preliminary investigations and enforcement actions brought against them.

It is crucial to have an experienced team who know the regulatory environment as well as understanding the business you do in order to achieve the best outcome of any enforcement action. Ogier has that experience and knowledge.

Learn more on our dedicated Enforcement of Judgments and Awards page.

External investigations are often triggered by regulatory and criminal authority enquiries or investigations which may be locally driven or in response to cross-border requests for co-operation.

We have significant experience of dealing with regulatory and criminal authorities and have an in-depth knowledge of their priorities and strategies, the challenges they face and their expectations of individuals and entities. Senior members of our teams have experience of working in regulatory bodies and bring that expertise and insight to bear for the benefit of our clients.

We have a sophisticated network of firms and consultants available to assist with cross-border matters where we do not have a presence and are experienced in managing large-scale complex investigations in multiple jurisdictions, as well as tracing assets and recovering funds.

We have a sophisticated network of best friend firms and consultants available to assist with cross-border matters where we do not have a presence and are experienced in managing large-scale complex investigations in multiple jurisdictions, as well as tracing assets and recovering funds.

Internal investigations are usually triggered by issues found or reported to business by employees, contractors, or third parties. Most often such reports relate to business conduct, behaviours, and sometimes to fraud, financial crime or regulatory breaches. They are incredibly sensitive, and balancing integrity and transparency with business pressures can be challenging. We have guided our clients through these processes across a plethora of challenging scenarios. 

In a number of Ogier jurisdictions, companies can benefit from Deferred Prosecution Agreements which are reliant on co-operation. When to report and how to safeguard privilege are two of the most challenging elements of an internal investigation.

Having an investigation policy and procedure, which ensures protection for whistleblowers and delivers objective and full reports and recommendations with integrity is vital. The internal investigation process is under more public scrutiny than ever before and is challenged by regulators around the world.

In addition, ensuring, as much as possible, from an early stage that legal privilege is engaged to maintain confidentiality over the process and the findings is crucial. To do this, companies need a clear understanding of the investigation process, to put training and guidance in place for investigators, and have a clear governance and reporting structure that ensures oversight of the investigation program whilst maintaining and nurturing the integrity and independence of the investigation process.