Nadeem Afzal defends individuals  who may be or are under the threat of investigation or prosecution for serious fraud and financial crime. He prides himself on providing advice that is clear, and easy to understand.

There are few worse experiences than being the subject of a police fraud squad financial crime investigation. Criminal investigations can lead to interviews under caution, compulsory document or information requests, execution of search warrants at homes and office premises, seizure of property, restraint orders or property freezing orders against your assets, being charged with a criminal offence, then facing prosecution in the magistrates' and crown courts.

Law enforcement agencies such as Police Fraud Squads and Economic Crime Units, the Serious Fraud Office (SFO), the Financial Services Authority (FSA), HM Revenue & Customs (HMRC), the Office of Fair Trading (OFT), the Department for Business, Enterprise and Regulatory Reform (BERR). the Crown Prosecution Service (CPS), Asset Recovery Agency (ARA) and Serious Organised Crime Agency (SOCA) use these powers. The use of these powers and investigations can cause distress, confusion and disruption to the lives of individuals and to businesses.

Nadeem specialises in defending individuals at risk of or under investigation for serious fraud and financial crime offences. He has defended on high profile, complex and heavy weight criminal fraud litigation.

Nadeem is skilled in advising and representing those under investigation for offences such as corruption and bribery, conspiracy to defraud, fraudulent trading, fraud and dishonesty offences under the Fraud Act and Theft Act, money laundering, false accounting, insider dealing, market abuse and misleading statement, illegal price fixing and cartel offences under the Enterprise Act, offences under the Data Protection Act, offences under Company Director Disqualification Act, perjury and perverting the course of justice.

Compulsory information gathering powers

If a suspect, witness or third party is the subject to a compulsory document or information production or disclosure order or request, Nadeem Afzal can advise on the scope, negotiate to limit or reduce the scope of the request, and facilitate the logistics of the disclosure exercise. The logistics of document or information requests can be complex and time consuming particularly if the information requested is electronic and spread over a number of locations. Nadeem works closely with forensic technology teams to identify, preserve and extract relevant electronic information.

Police, financial crime investigators and lawyers may interview a suspect under caution either voluntarily or under arrest. It is vitally important that a suspect obtains clear and knowledgeable advice from experienced fraud and financial crime defence lawyers to prepare for the interview. Nadeem Afzal will aim to seek disclosure and anticipate the matters that are likely to be raised in the interview and advise on whether a suspect should answer questions or exercise the right to silence.

If your home or office premises are the target of a search warrant or 'dawn raid' then immediately contact Nadeem Afzal who can immediately act as an interface between the police officers executing the warrant and conducting the search, and where appropriate limit the scope of material to be seized, and minimise the disruption to home life and business.

Restraint, Civil Recovery and Asset Forfeiture Law

If you are the subject of a criminal or civil investigation order made under the Proceeds of Crime Act for example a restraint order or a property freezing order which freezes your assets, then you can contact Nadeem. He understands the draconian powers and legislative framework that the police, economic crime units, Asset Recovery Agency and Serious Organised Crime Agency (SOCA) have and use. Nadeem can advise on the grounds to vary or discharge restraint or freezing orders, provide advice and assistance if you are required by compulsion to provide information or documents, or answer questions.

What happens if you have been arrested and charged?

If you have been arrested, are on police bail or have been charged, or you believe that you may at risk of arrest or are under suspicion of a criminal offence, then please contact Nadeem  as soon as possible. An investigation can be brought against a company or individual - He represents both.

As a criminal fraud defence solicitor, Nadeem Afzal understands that investigations can commence at any time so he is available 24 hours a day 7 days a week to deal with urgent requests to defend and represent client interests. He can discuss the various funding options available to defend your case.

Additional Powers of SFO in Overseas Corruption Investigations

Extended powers were given to the Serious Fraud Office in July 2008 which augment section 2 of the Criminal Justice Act 1987 in cases involving overseas bribery and corruption. The amendments to the 1987 Act were inserted by the Criminal Justice and Immigration Act 2008, Section 59 (1) and (2), which came in to force on 14 July 2008. 

Section 2 powers allow the Director of the SFO to require persons to produce documents and/or answer questions once a serious or complex fraud investigation has commenced under Section 1 of the Act. The new power, inserted as Section 2A of the Criminal Justice Act 1987, grants the Director the ability to use these powers at a 'pre-investigation stage' in relation to overseas bribery and corruption matters. 

The effect is to allow the SFO to gather evidence in order to make a determination whether it wishes to open an investigation or not. For practical purposes, this will give the SFO an increased opportunity to screen allegations it receives and gather evidence for that purpose. Previously, section 2 powers could only have been used by the SFO once it was satisfied that there was sufficient evidence to embark upon an investigation. 

It is important for recipients of a section 2 Notice to seek legal advice wherever this is practicable. Important sanctions exist where persons fail to comply with Notices. The changes to the 1987 Act mean that it may now be particularly important in corruption cases to establish with the SFO whether their exercise of Section 2 powers is as a consequence of an investigation having been commenced under Section 1, or whether it is part of a screening process using section 2A. 

At present section 2A applies only to cases involving overseas bribery and corruption. However, it remains to be seen whether the 1987 Act powers are further extended to cover other serious fraud cases in due course.