Insolvency Service Investigation Solicitors
If you or your company is under investigation for suspected financial or other misconduct, JMW can provide the expert legal advice and representation that you need. It is vital that you seek legal help as soon as possible, and we have a specialist business crime department and unrivalled legal team with the experience and knowledge to successfully fight your corner.
Our business crime solicitors have worked with corporate clients and directors, and been involved in complex investigations. We are here to provide the tailored legal advice and support you will need. We can help you communicate with the Insolvency Service throughout the investigation to ensure that your rights are protected, while providing legal representation if any court proceedings are brought.
We understand that Insolvency Service investigations and prosecutions can be highly damaging to the reputation of a company and its directors, which is why we offer pragmatic advice and tailored solutions to minimise the impact of the investigation and ensure we secure the best possible outcome. We have extensive knowledge of this area of the law and a track record of success in defending individuals in Insolvency Service investigations and proceedings.
To receive expert guidance and support from our expert Insolvency Service investigation solicitors, contact JMW today by calling 0345 872 6666. You can also fill in our online enquiry form to request a call back at your convenience.
How JMW Can Help
JMW Solicitors has years of experience and a strong track record of helping companies facing Insolvency Service investigations to manage this process effectively, ensuring they are able to provide a strong defence and achieve as favourable an outcome as possible.
We can support your business in the following ways:
- Provide initial advice after the Insolvency Service has confirmed it will be launching an investigation or prosecution
- Communicate with the Insolvency Service on your or the company’s behalf and help you prepare for any interviews and meetings required by the government agency
- Ensuring yours and the company’s rights are protected and upheld throughout the process, including when dawn raids and searches of corporate premises are being carried out
- Represent you, the company or any of its officers if a prosecution the case ultimately goes to court
The legal consequences of a prosecution by the Insolvency Service can be serious for directors, the company and its officers, therefore, it is important that those in this position seek the advice of JMW’s expert solicitors as soon as possible.
We offer initial free consultations for all business crime cases, so if you have been contacted by the Insolvency Service, give us a call today to ensure you have the legal advice and support you need.
What kind of cases does the Insolvency Service investigate?
The Insolvency Service is the government agency responsible for administering bankruptcies and debt relief orders, and to look into the affairs of companies in liquidation to identify potential instances of wrongdoing or criminal activity.
Possible examples might include:
- Fraudulent trading or business practices
- Conduct with intent defraud creditors or any other person
- Individuals acting as company directors while disqualified
- Company members being denied access to necessary information about the running of the business
- The reuse of a company name following insolvency
When the Insolvency Service has reason to believe that misconduct may have occurred, it can pass the findings to a prosecuting authority to prosecute the case or alternatively, another regulatory body.
How does the Insolvency Service’s investigation process work?
If the Insolvency Service’s criminal investigations team is given cause to launch an investigation of a company, the process will unfold as follows:
- Investigation officers will gather evidence and take witness statements. This may require these officers to search the company’s premises by obtaining a search warrant and carrying out a dawn raid
- Where necessary, those suspected of wrongdoing may be invited for an interview under caution. This can include company directors, managers, employees and other company officers
- A legal representative from the Insolvency Service will decide whether there is enough evidence to provide a realistic prospect of conviction against each proposed defendant, and whether it is in the public interest for the case to be taken to court
- Where there is sufficient evidence, and it is in the public interest, a prosecution will then take place
This investigation process can lead to a number of potential outcomes:
- An official warning notice may be issued
- The company in question may be wound up
- The directors involved may be disqualified from further involvement in business for up to 15 years
- Criminal proceedings may be initiated, potentially leading to a fine or prison sentences