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  • / Mutual legal assistance and international investigations
  • "He takes a client-focused approach" and is "exceptionally personable"

    Chambers UK 2018

  • "He is a standout because he has the ability to speak to clients in a language they understand."

    Chambers HNW 2017

  • David Corker is highlighted in Chambers as "very personally interested in the law," as well as being "sensible, assured and thoughtful" when providing advice.

    Chambers UK 2017

  • What the firm lacks in size, it more than makes up for in the experience and expertise of its practitioners, who cover all the key areas of financial and regulatory enforcement. Corker Binning regularly represents large corporations and high-profile individuals in FCA and SFO investigations and prosecutions and clients are impressed by the “sensational level of support on offer”.

    Who’s Who Legal 100 2016

  • Peter Binning is right at the top of financial crime.

    Chambers HNW 2016

  • Peter Binning is "extraordinarily smooth and unflappable".

    Chambers UK 2018

  • Jessica Parker is ‘a dynamic and bright individual who works well with clients’.

    The Legal 500 UK 2017

  • "They know what they are talking about, they have good ideas and they take the lead."

    Chambers UK 2018

Mutual legal assistance and international investigations

In today’s global economy, almost every serious business crime case will involve the gathering of evidence from several jurisdictions and often there will be joint investigations, particularly between UK, US and EU regulators. Mutual legal assistance (MLA) is the means by which countries request and provide help in obtaining evidence located in one country in order to assist with a criminal investigation or proceedings in another country. This may be done through international treaty or convention arrangements, sometimes involving the UK courts, or by memoranda of understanding or less formal agreements.

Our MLA lawyers have extensive experience in representing businesses and individuals who are either witnesses or suspects in transnational criminal cases and all types of international investigations. Sometimes those clients will be individuals based overseas, or companies seeking advice on UK law. We advise clients about the risks of extradition as well as their rights and obligations under MLA arrangements, and how best to pre-empt those risks and engage tactically with the investigating authorities. We advise if there is a risk of an investigation outside the UK where investigation or enforcement is sought in the UK, or where UK prosecutors request information or action from agencies overseas. We have particular expertise in advising on external restraint orders sought by overseas prosecutors, which have the effect of freezing assets located in the UK, as well as requests for individuals in the UK to give evidence as witnesses in foreign criminal proceedings. In many cases, advice will also be required about law and procedure in the overseas jurisdiction. Our MLA lawyers have excellent contacts with foreign lawyers with whom we work frequently on cross-border cases.

This is a complex area of the law, involving difficult multi-jurisdictional issues. It is important to get advice from experienced MLA lawyers who can react quickly to requests, are familiar with the different MLA arrangements that exist between the UK and other countries, and can provide co-ordinated advice.

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Our international investigations and MLA lawyers have recently advised on the following:

  • The US/UK/German LIBOR, EURIBOR AND FOREX investigations.
  • A multinational natural resources company on an MLA request from within the EU relating to allegations of genocide and crimes against humanity.
  • A UK company whose funds were frozen under an external restraint order applied for by the Italian authorities in a high-profile bribery/corruption investigation.
  • A household name company on a criminal tax investigation into its Italian subsidiary and how best to pre-empt an external restraint order or requests for information.
  • The CFO of a major bank concerning the deposition of evidence at Westminster Magistrates Court arising from an Irish MLA request in a high-profile banking investigation.
  • A major firm of accountants on an MLA request for information emanating from Latvia.
  • Mutual legal assistance in the context of a complaint to the International Criminal Court relating to the killing of civilians in South Ossetia by Georgian military forces in 2008.
  • The US/UK AIG credit default swaps investigation.
  • A transnational investigation by the Metropolitan Police and US Department of Justice (and others) relating to a senior individual in the former Libyan regime.
  • A cross-border investigation by the UK and Swiss police into sexual offences committed by a Swiss national, including advice on prisoner transfer arrangements.
  • An investigation by French police relating to an Englishman alleged to have committed a serious sexual assault against an American while in France.
  • The US/UK Halliburton/M W Kellogg investigation.

For more information about Corker Binning’s expertise in this area, visit our extradition page or ring our MLA lawyers on 0207 353 6000 to find out how we can help you.

Named as key individuals in the field of Crime: Extradition by Chambers UK 2018:

chambers-2017
Top_tier_firms

Peter Binning – Band 2

Edward Grange – Band 1

Andrew Smith – Band 2

  • Corker Binning is ranked in Band 1 of recommended firms for Crime: Extradition by Chambers UK 2018.
  • Corker Binning is ranked as a first tier firm for Crime by The Legal 500 2017 and Robert Brown is named as a leading individual for Crime.