Best White Collar Crime Lawyers in Stonehaven

About White Collar Crime Law in Stonehaven, United Kingdom

White collar crime refers to non-violent offences that are typically financial or business related, such as fraud, embezzlement, bribery, false accounting, insider dealing, market abuse, tax evasion, and money laundering. Stonehaven sits within the Scottish legal system, so cases are investigated under Scots law and usually handled locally by Police Scotland and prosecuted by the Crown Office and Procurator Fiscal Service, known as COPFS. Depending on seriousness and complexity, cases may be heard at the Sheriff Court serving the area, often in Aberdeen, or at the High Court for the most serious matters.

Investigations can involve digital forensics, search warrants, requests for company records, and close collaboration with UK regulators. Outcomes range from no action to prosecution, confiscation of criminal proceeds, director disqualification, regulatory penalties, and in serious cases imprisonment. Because business processes, regulation, and criminal law intersect in this area, early legal advice is crucial.

Why You May Need a Lawyer

People and businesses in and around Stonehaven often need a white collar crime lawyer in situations such as:

- You have been contacted by Police Scotland for a voluntary interview or have been arrested in relation to suspected fraud, embezzlement, bribery, or money laundering.

- Your premises have been searched under warrant, or officers have seized computers, phones, company records, or servers.

- You are a director, officer, or employee of a company that has received inquiries or notices from regulators such as the Financial Conduct Authority or HM Revenue and Customs, or a section 7 Bribery Act issue has been raised.

- Your bank accounts have been frozen or you have been notified of a restraint order, account freezing order, or confiscation proceedings under the Proceeds of Crime Act.

- You need to make or respond to a Suspicious Activity Report, known as a SAR, and you are concerned about tipping off or consent to proceed.

- You must conduct an internal investigation, handle whistleblowing, preserve evidence, and manage privilege while coordinating with law enforcement.

- You have received a citation to appear at court or have been served with a complaint or indictment.

- You face director disqualification, data protection offences, or allegations related to insolvency or false statements to Companies House.

- Your matter has cross-border elements, for example funds, data, or trading on markets outside Scotland, or investigations running in parallel with other UK agencies.

Local Laws Overview

White collar crime in Stonehaven is governed by Scots law, with a mix of common law offences and UK statutes that apply in Scotland. Key points include:

- Offences under Scots common law include fraud, embezzlement, uttering, and reset. Fraud and embezzlement are distinct in Scotland. Fraud covers dishonest schemes to bring about a practical result by false pretences. Embezzlement involves misappropriation by a person who was lawfully entrusted with property.

- Important UK statutes that apply in Scotland include the Bribery Act 2010, the Proceeds of Crime Act 2002, the Money Laundering Regulations 2017 as amended, the Criminal Justice Act 1993 on insider dealing, the Financial Services and Markets Act 2000, the Computer Misuse Act 1990, the Data Protection Act 2018, the Insolvency Act 1986, and the Company Directors Disqualification Act 1986. The Fraud Act 2006 does not apply in Scotland, where fraud remains a common law crime.

- Money laundering law includes the reporting regime for Suspicious Activity Reports to the UK Financial Intelligence Unit within the National Crime Agency, consent requests known as defence against money laundering, tipping off offences, and regulatory supervision of relevant businesses such as accountants, lawyers, estate agents, financial services firms, and high value dealers.

- Bribery Act offences include offering or receiving bribes, bribery of foreign public officials, and the corporate offence of failure to prevent bribery. The corporate offence applies to organisations that carry on business in the UK and has a defence of adequate procedures.

- Tax offences may involve HM Revenue and Customs for UK taxes and Revenue Scotland for devolved taxes such as Land and Buildings Transaction Tax and Scottish Landfill Tax. False accounting and cheating the public revenue can be prosecuted in Scotland.

- Procedure and rights are governed primarily by the Criminal Justice and Licensing framework and the Criminal Justice Scotland Act 2016, which provides a single power of arrest and rights to have access to a solicitor before and during interview. Corporate and individual suspects should seek advice before any police interview.

- Cases may proceed on a summary basis in the Sheriff Court for lower level offences or on a solemn basis with a jury in the Sheriff Court or High Court for serious or complex matters. Summary cases often have a 6 month time limit for raising proceedings, whereas solemn proceedings generally do not have a general time bar, though particular statutes can impose specific limits.

- Proceeds of crime measures include restraint orders, account freezing orders introduced through amendments to the Proceeds of Crime Act, confiscation orders following conviction, and civil recovery in the civil courts. In Scotland, the Civil Recovery Unit of COPFS handles civil recovery of criminal assets.

- Corporate criminal liability exists in Scotland. Deferred Prosecution Agreements do not apply in Scotland. In certain self-reported bribery cases, COPFS has used civil settlement and civil recovery as an alternative to prosecution, depending on the circumstances.

- Regulators and agencies that often play a role include COPFS, Police Scotland, HM Revenue and Customs, the Financial Conduct Authority, the National Crime Agency, the Information Commissioner, Companies House, the Insolvency Service, and local Trading Standards teams within Aberdeenshire Council.

Frequently Asked Questions

What counts as white collar crime in Scotland?

White collar crime covers non-violent, financially motivated offences such as common law fraud and embezzlement, bribery, money laundering, insider dealing, market abuse, tax evasion, false accounting, data protection offences, and regulatory breaches tied to business activity. It can involve individuals or companies and often includes complex documentation and digital evidence.

I have been asked to attend a voluntary interview with Police Scotland - do I need a solicitor?

Yes, you should speak to a solicitor as early as possible. Under the Criminal Justice Scotland Act 2016 you are entitled to access legal advice and to have a solicitor present. What you say can have major consequences. A lawyer will assess whether you should attend, how to prepare, and how to assert your rights during interview.

What happens during a search or dawn raid?

Officers will normally present a warrant, secure the premises, and may seize documents and devices. You should contact a solicitor immediately, ask to see and retain a copy of the warrant, identify legally privileged material, keep a record of what is taken, and request copies of essential business data. Staff should cooperate lawfully but avoid answering substantive questions until legal advice is present.

Can a company be prosecuted in Scotland?

Yes. COPFS can prosecute companies, and courts can impose fines and other orders. Scotland does not have Deferred Prosecution Agreements. In some bribery cases, where a company self-reports and cooperates, COPFS may consider civil settlement and civil recovery as an alternative, but this is fact specific and not guaranteed.

What are the risks around money laundering for my business?

Businesses in the regulated sector must carry out customer due diligence, monitor transactions, keep records, and report suspicious activity to the UK Financial Intelligence Unit via SARs. Proceeding with a transaction after making a SAR may require a defence against money laundering from the authorities. Tipping off a customer about a SAR is a criminal offence. Banks or prosecutors can seek account freezing or restraint orders while matters are investigated.

Will I go to prison for fraud or embezzlement?

It depends on the seriousness, amount involved, role played, personal circumstances, and whether you plead guilty. Courts can impose custody, community disposals, fines, compensation orders, and confiscation orders. Early legal advice and mitigation can significantly affect outcome.

How are fraud and embezzlement different under Scots law?

Fraud is generally obtaining a practical result by false pretences or deceit. Embezzlement is the dishonest appropriation of property by someone who was entrusted with it, such as an employee or agent. The distinction can affect how a case is charged and defended.

How long do white collar investigations take and are there time limits?

Complex investigations can take months or years due to digital forensics, expert analysis, and multi-agency coordination. Many serious cases proceed on a solemn basis where there is usually no general time bar. Some statutory offences prosecuted summarily have a 6 month time limit. A solicitor can advise on any applicable limitation for your case.

What happens to my devices and data if they are seized?

Devices may be imaged forensically. You can request a schedule of seized items and seek copies of business critical data. Legally privileged material should be protected. Return times vary with workload and complexity. Your solicitor can liaise with investigators to manage access and argue for proportionality.

Can I travel or continue working while under investigation?

If you are on police undertaking or bail, conditions may restrict travel, contact with witnesses, or certain work activities. Breaching conditions is an offence. Even without formal conditions, it is wise to take advice before international travel, changing roles, or contacting colleagues involved in the case.

Additional Resources

Crown Office and Procurator Fiscal Service - Scotland s national prosecution service. Handles economic crime, confiscation, and civil recovery through the Civil Recovery Unit.

Police Scotland - North East Division serves Stonehaven and the wider Aberdeenshire area. Leads criminal investigations and liaises with UK agencies.

Scottish Legal Aid Board - Provides information about eligibility for advice and assistance and criminal legal aid in Scotland.

Law Society of Scotland - Regulates Scottish solicitors and can help you find a solicitor with experience in financial crime and regulatory matters.

Scottish Courts and Tribunals Service - Provides information on criminal procedure, Sheriff Courts, and the High Court of Justiciary.

Aberdeenshire Council Trading Standards - Enforces consumer protection and trading standards offences that sometimes overlap with fraud.

HM Revenue and Customs - Investigates and prosecutes tax and customs offences and works alongside COPFS in Scotland.

Financial Conduct Authority - Regulates financial services, market abuse, and insider dealing, and cooperates with Scottish prosecutors for criminal cases.

National Crime Agency - Hosts the UK Financial Intelligence Unit for Suspicious Activity Reports and supports complex economic crime investigations.

Information Commissioner s Office - Regulates data protection and prosecutes data offences that can intersect with white collar crime.

Next Steps

- Do not ignore contact from the police or regulators. Make a note of all communications and deadlines.

- Speak to a Scottish criminal defence solicitor with white collar experience as early as possible. Ask about availability for interview attendance, search response, and crisis management.

- Preserve evidence. Suspend routine data deletion and back up relevant email, accounting, and device data. Do not alter or destroy records.

- Manage internal communications. Instruct key staff not to discuss the matter externally and to route inquiries to a designated point of contact.

- Consider an internal investigation under legal privilege. Define scope, custodians, and data sources. Take care when interviewing staff and collecting devices.

- Review insurance policies. Some policies cover legal costs for regulatory and criminal investigations.

- If you are in the regulated sector, assess anti-money laundering controls and consider whether a Suspicious Activity Report is required. Take advice to avoid tipping off.

- Prepare for potential restraint or freezing orders. Map assets and cash flow, and gather documents that evidence legitimate sources of funds.

- If you receive a citation or court paperwork, note key dates and provide everything to your solicitor immediately. Attend all hearings and comply with any bail or undertaking conditions.

This guide is for general information only and is not a substitute for legal advice tailored to your circumstances. For urgent concerns in Stonehaven and the North East, contact a Scottish solicitor without delay.