David Hamilton

Solicitor, Howard Kennedy LLP

David is a partner in Howard Kennedy's Business Crime and Regulatory team. He has over 16 years' experience representing individuals and corporates in the context of internal investigations and actions brought by domestic and international regulatory and law enforcement bodies including the Financial Conduct Authority, Serious Fraud Office, HMRC, police, European Commission, and US Department of Justice.

David specialises in financial services enforcement and has advised on a range of high-profile actions including market manipulation, anti-competitive behaviour, retail mis-selling and consumer redress programmes. He has also represented clients in the context of criminal investigations and prosecutions relating to pensions offences, tax evasion, insider dealing, bribery & corruption, fraud, and money laundering.

David also regularly advises companies across a broad range of sectors on their financial crime and regulatory systems and controls, conducting risks assessments, compliance audits, policy and procedure reviews, training, and ongoing engagement with supervisory authorities to ensure corporate compliance systems meet applicable standards.

Contributed to

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Powers of the Pensions Regulator (TPR) to enforce pensions offences

Practice Notes

The Practice Note examines in detail the powers of the Pension Regulator (TPR) to conduct investigations into criminal offences, and to overlap and coordinate with other regulators. It examines TPR’s investigation and enforcement powers and practical issues to consider. It describes the main objectives of TPR to provide context to the powers to take regulatory and enforcement action, action against avoidance and to gather information. It explains how the Pensions Schemes Act 2021 (PSA 2021) has extended these powers including creating offences to punish wilful and reckless behaviour and by giving TPR the power to impose fixed and escalating civil penalties (as alternatives to criminal sanctions) for non-compliance.

Corporate Crime