Appleby‘s ‘market-leading regulatory team’ handles the full spectrum of advisory and contentious regulatory matters, frequently representing directors and companies facing GFSC investigations concerning breaches of fiduciary duties, AML regulations or sanctions regimes. The team is headed up by Anthony Williams, who handles investigations and court proceedings for clients, including those arising out of insolvencies, allegations of breach of directors’ duties and fraud. Richard Sheldon is frequently instructed by individual and corporate clients facing GFSC investigations for sanctions compliance failures and fraud, with Richard Field specialising in data protection issues and regulations governing e-gaming.
Regulatory and white-collar crime in Guernsey
Appleby
Responsables de la pratique:
Anthony Williams
Autres avocats clés:
Richard Sheldon; Richard Field; Koketso Mathebula
Les références
‘Hugely responsive, reliable and capable of getting to the key issues of a matter very quickly.’
‘Richard Sheldon was exemplary in his advice, manner and delivery.’
‘The team is a cut above those offering the same advice. Client-centric, very responsive and superb technical knowledge. They make you feel as if you are their only client which, considering the number of challenging matters they handle, is a fantastic view to form as a client.’
Principaux clients
Equiom (Guernsey) Limited
RL360 Life Insurance
Standard Chartered Trust
Standard Bank Group
Standard Chartered Bank
Teneo Financial Advisory Limited
Zedra Trust (Guernsey) Limited
Principaux dossiers
- Acted for RL360 in relation to its transfer to Isle of Man Assurance’s book of wealth business, comprising several thousand unit-linked life insurance policies.
Carey Olsen
Carey Olsen‘s regulatory team acts for both financial services clients and regulatory bodies, providing assistance across issues ranging from sanctions compliance, the handling of suspicious activity reports and representation of clients in litigation against regulators. The ‘clear headed’ Mark Dunster leads the firm’s regulatory group, frequently appearing in court for clients in relation to AML and data protection matters, and he is also well versed in overseeing insolvency proceedings. Elaine Gray augments the team’s contentious capabilities, with Simon Florance adding expertise in both AML and sanctions matters in addition to advising in relation to directors’ duties.
Responsables de la pratique:
Mark Dunster
Autres avocats clés:
Elaine Gray; Simon Florance
Les références
‘Excellent advice on sanctions and support with applications to the local authority, able to see the big picture as well as small details, giving us confidence to know when we do and don’t need approvals.’
‘Mark Dunster is clear headed and gives practical advice. Great to have him onside as we navigate our way through ever-changing circumstances. He will often contact me to make sure he fully understands our instructions and objectives, which is hugely beneficial.’
‘Expert knowledge and a fantastic team to work with.’
Principaux clients
Joint administration managers of ITI Trade Ltd.
Sure
Medical Specialist Group
Principaux dossiers
- Represented the joint administration managers of ITI Trade LTD, having previously acted for the GFSC on its application to the Royal Court of Guernsey to place ITI Trade into administration management.
- Acted for Sure in an investigation and enforcement action by the GCRA in relation to alleged collusion and market sharing between Sure and another local telecoms provider, JT.
- Acted for the Medical Specialist Group in ongoing competition law proceedings where a substantial fine was issued for an alleged object infringement.
Collas Crill
Collas Crill ‘offers practical and business-oriented advice’ to its clients, which include individual directors and regulated financial services businesses, on AML compliance and data protections issues; the group is also well placed to support them in the event that the GFSC launches investigations into their conduct. Under Nin Ritchie‘s stewardship, the practice also advises businesses in areas such as crypto-assets and cannabis on the regulatory frameworks governing their industries. Ritchie herself is well versed in matters of financial crime, in addition to her expertise in sanctions regimes. Michael Adkins represents clients facing contentious regulatory proceedings brought by the GFSC and in dealings with the Guernsey FIU.
Responsables de la pratique:
Nin Ritchie
Autres avocats clés:
Michael Adkins; Wayne Atkinson
Les références
‘Nin Richie leads the leading financial sanctions and regulatory team in Guernsey. She is the go-to partner for financial sanctions and regulatory matters, which requires a combination of technical expertise and deep understanding of the Guernsey regulatory landscape.’
‘Michael Adkins is hands on and practical, and well as technically a very capable partner; all in all, a safe pair of hands.’
‘Collas Crill combines a deep knowledge of regulatory law in the Channel Islands with a tenacious and strategic approach to litigation. They possess high quality lawyers at all levels of seniority. The team is willing to test innovative and novel legal arguments to achieve a client’s practical objectives.’
Principaux clients
Butterfield Bank
Albecq Trust
GenTwo
Stonehage Fleming
Bank Julius Baer
BCL LLP
Cannacord Genuity
Van Mossel
Guernsey Post
Accuro
Wilson Sonsini
Zedra
Vistra
Albany
Cannon Asset Management
Investec
Praxis Group
Grant Thornton
Principaux dossiers
- Commenced judicial review proceedings against the Guernsey Financial Intelligence Unit, challenging its decision not to consent to the release of $130m belonging to a US businessman and suspected to be the proceeds of crime by his Guernsey investment manager.
- Defended a former director in connection with sanction proceedings following a GFSC regulatory investigation into the operation and management of a £50-100m private equity fund which collapsed in 2019.
- Advised a Guernsey service provider with regard to digital assets and crypto issues, including a tokenised wine investment scheme, a proposed NFT purchase scheme, various inter-company lending, prime broking and institutional crypto exchange service arrangements and conducting a review of crypto platforms.
Ogier
Ogier is well versed in advising financial services clients on the handling of assets subject to SARs and those potentially affected by sanctions regimes, in addition to assisting with maintaining compliance with the regulatory regimes governing Guernsey-registered funds, and handling insolvency proceedings. The team is led in tandem by Mathew Newman, a specialist in contentious insolvency matters and related fraud and asset tracing processes, and Tim Clipstone, who is particularly well versed in the regulations governing investment funds, in addition to advising on AML/CFT requirements.
Responsables de la pratique:
Mathew Newman; Tim Clipstone
Autres avocats clés:
Bryan de Verneuil-Smith
Les références
‘Ogier has a deep bench of regulatory professionals that gives huge comfort to insolvency practitioners navigating the modern regulatory and sanctions landscape.’
‘Bryan de Verneuil-Smith is excellent.’
Principaux clients
CRGF GP
Opus Trustees Limited
RG Growth Fund LP/RG Growth Fund II LP
International Container Terminal Services Inc.
Principaux dossiers
- Continued to act for CRGF GP, which successfully appealed a decision of the Royal Court in September 2023 as to the correct distribution of funds from a limited partnership.
- Acted for Opus Trustees Limited, which is the trustee of over 12 trusts that own extensive assets across multiple jurisdictions and are subject to an asset freeze imposed due to sanctions.