Criminal Allegations Against Company Directors Dismissed Following Pre‑Charge Engagement
We have previously published articles outlining the benefits of pre‑charge engagement during police investigations before a charging decision is made. We have also highlighted the importance of having a solicitor present during police interviews, and how their guidance can help prevent individuals from unintentionally making incriminating statements that could later be used against them.
In this article we share how early and proactive engagement, including careful management of police interviews and effective pre‑charge engagement, enabled KANGS to successfully assist three directors of a long established family run company, defeat allegations of conspiracy to commit fraud by false representation and money laundering following a complex criminal financial investigation.
Mohammed Ahmed of KANGS explains how this extremely successful outcome was achieved.
Background
Our clients are directors of their family company, which conducted trade with another company which employed a senior project manager who acted as the main intermediary between the two parties. Part of the project manager’s duty was to oversee the purchase of tools and materials from our clients’ company, as well as organising delivery and invoicing.
Following allegations that the project manager had been secretly selling items received from our clients’ company for his own personal gain, an inquiry was conducted into transactions occurring in 2022 and 2023.
Our clients faced allegations that they had knowingly engaged in fraudulent trading with the project manager.
Given the seriousness of the allegations including money laundering, and the fact that they were completely innocent of any criminal wrongdoing, the three directors jointly instructed KANGS to represent them throughout the investigation.
How We Assisted Our Clients
Upon instruction, the team at KANGS immediately undertook all requisite procedures including:
- obtaining and examining in detail, all available documentation including that relating to interviews,
- attending on each director, discussing at length the normal nature of trading and business, the relationship with the company involved in the dispute and the nature of the commercial activities conducted with it. Additionally, their respective roles within their company including the division of their responsibilities and their individual involvement in the projects under scrutiny,
- considering and advising upon the personal position of the three directors and that of their company and upon the appropriate steps to be taken to satisfactorily resolve the issue,
- collating and examining all contemporaneous evidence including emails, invoices, purchase orders, quotations, payment records and delivery information,
- preparing detailed Witness Statements for each director,
- attending our clients as necessary throughout including accompanying them at the Police Station for Voluntary Police Interviews.
The Highly Successful Outcome
Following consideration of the detailed Witness Statements, Pre charge Representations and extensive Exhibit Bundle, the Officer in Charge confirmed that the investigation would be concluded with ‘No Further Action’ being taken.
The Officer also confirmed there was absolutely no evidence to suggest that our clients’ or their company were involved in any criminal wrongdoing of any nature.
The Importance of Pre-Charge Engagement
This case highlights the importance of early, proactive engagement with the police or any other investigating authority wherever possible. Through the preparation of detailed statements, the careful collation and analysis of extensive documentary and digital evidence, and the advancing of comprehensive pre-charge representations, KANGS was able to demonstrate not merely that the evidential threshold for prosecution could not be met, and that prosecution was not in the public interest, but that there was no evidence at all linking the directors to criminal involvement.
How Can We Assist
If you are a company director facing an investigation by a prosecuting authority and would like to know more about pre-charge engagement, contact the team at KANGS. We can advise you on whether early pre-charge engagement is appropriate in your case and, where it is, prepare detailed submissions tailored to the allegation and your circumstances.
In addition, if you are invited to attend a voluntary police interview, our team can provide you with clear expert legal advice and representation. Contact us using the details below to speak with an experienced lawyer.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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