Regulatory Solicitors And Corporate Prosecutions

In the intricate world of regulatory law and corporate prosecutions, having a knowledgeable and experienced legal partner is not just advantageous – it’s essential.

Marked by complexity and technicality, regulatory solicitors, like us, meet the demand for a deep understanding of various legal intricacies and an ability to navigate through the nuanced terrains of corporate governance, compliance, and enforcement.

Regulatory Solicitors in Ireland

We stand at the forefront of legal expertise in the intricate fields of regulatory law and corporate prosecutions. Our team of regulatory solicitors brings a wealth of experience and a deep understanding of the complexities inherent in corporate investigations and enforcement actions.

Ensuring compliance with Ireland’s complex web of regulatory laws can be a difficult task for individuals, companies and directors. When allegations of wrongdoing emerge, having expert legal advice from a team well-versed in regulatory regimes is critical.

At KOD Lyons, we have established ourselves as the foremost experts in regulatory law and corporate prosecutions in Ireland.

Corporate Enforcement Authority

The CEA is responsible for ensuring that corporate entities and directors comply with their obligations under the Companies Act 2014 and has the power to prosecute summary offences (matters of a more minor nature) under the Companies Act 2014 while the Director of Public Prosecution pursues indictable (matters of a more serious nature).

Allegations of wrongdoing pursuant to Companies Act 2014

Our success is anchored in our impressive track record of handling intricate cases, especially in navigating the nuanced landscape of the Corporate Enforcement Authority (CEA).

We have demonstrated remarkable support and guidance when guiding clients through the labyrinth of corporate investigations, enforcement actions, and compliance requirements under the Companies Act 2014.

At KOD Lyons, we have a wealth of experience in guiding clients successfully through allegations of wrongdoing under the Companies Act 2014. Our approach is not only thorough but also strategic, ensuring that their clients receive the best possible defence and advice.

Corporate Regulatory Prosecutions

Allegations in this regard can range from “reckless trading” arising from an improper order of payments made by a company when insolvent (which can lead to a director becoming personally liable for losses suffered by a creditor) to “fraudulent trading” which involves persons knowingly defrauding creditors or others which is governed by Section 137 of the Companies Act 2014.

KOD Lyons have successfully defended persons and corporate entities accused of these offences. We also provide valuable advice to directors against whom other allegations of wrongdoing have been made which could result in Restriction or Disqualification under Part VII of the Companies Act 2014.

Representation in Diverse Regulatory Areas

Our expertise extends beyond corporate law. We also have a strong presence in representing clients in “fitness to practise” and disciplinary investigations initiated by various professional bodies, such as the Medical Council, Nursing and Midwifery Board of Ireland, and the Law Society of Ireland.

Regulatory Solicitors for Fitness to Practise Investigations

KOD Lyons regularly acts for clients subject to “fitness to practise” and disciplinary investigations initiated by bodies such as:

• The Medical Council
• Nursing and Midwifery Board of Ireland
• Law Society of Ireland

We have successfully represented persons subject to these investigations and provide valued advice both from a legal and reputation management perspective.

Allegations of wrongdoing pursuant to Criminal Justice (Corruption Offences) Act 2018

We have advised several individuals subject to an investigation under the Criminal Justice (Corruption Offences) Act 2018 in the context of alleged improper payments made with a view to inducing an advantage from another person.

The Firm has experience in managing these cases from the initial allegation through to the hearing stage and is on hand to provide timely and comprehensive legal advice throughout the whole process.

Regulatory Breaches and Prosecutions

Regulatory Prosecutions by Road Safety Authority, the Health Products Regulatory Authority the National Transport Authority Prosecution and the Revenue Commissioners

Road Safety Authority

KOD Lyons have also represented many clients in respect of Road Safety Authority prosecutions. Most commonly these relate to issues such as Illegal Haulage, Breaches of EU Regulations on Tachograph use and breaches of EU Regulations in respect of maximum driving hours.

Health Products Regulatory Authority

We have also defended individuals and companies from charges brought by Health Products Regulatory Authority in relation to the illegal supply, manufacturing or advertising of health products, examples of which are steroids and other medicines bought online and imported into the jurisdiction that have not met the standards set by the HPRA.

National Transport Authority

Similarly, our office regularly advises clients in National Transport Authority Prosecutions including operating a SPSV without a valid licence and dealing with Taxi Licence revocation applications and Appeals.

Revenue Commissioners

Finally we routinely deal with prosecutions initiated by the Revenue Commissioners such as the non-payment of various taxes or incorrect filing or non-filing of tax returns and the evasion of excise duty on imports such as cigarettes.

Department of Social Protection Prosecutions and Investigations

Social Welfare Fraud

If the overpayment happened as a result of fraud the Department can take a criminal prosecution against you (even if you pay back the overpayment). The most common types of welfare fraud that KOD Lyons deal with include:

• Working and claiming: Where a person claims a payment, such as Jobseeker’s Benefit/Allowance or an illness payment, but takes up employment and does not notify the Department.
• Non-disclosure of means: Where a person claims a means-tested payment but does not fully disclose their means or sources of income. Note that If you or your spouse, civil partner or cohabitant are getting a means tested social welfare payment and save a portion of this payment each week, these savings as well as savings from most other sources will be taken into account as part of your means. It is important to notify the Department of these savings to avoid an overpayment.
• Multiple claiming or personation:Where a person makes a claim for more than one social welfare payment or by assuming and falsely using the identity and PPS Number of another person.
• Life events: Where a person continues to claim a payment to which he/she is no longer entitled such as a lone parent who marries or is cohabiting, or someone who continues to claim Carer’s Allowance where caring duties have ceased.
• Cohabitation:People may be living as a family unit and fail to notify this to the Department to qualify for higher rates of payments, or payments to which they may not be entitled.
• Social insurance:Where employers fail to maintain appropriate employment/wage records and where non-compliance or non-remittance of PRSI (Pay Related Social Insurance) occurs.
• Non-residency in the State:Where a person claims a social welfare payment which requires residency, and he/she is no longer resident.

The Department of Social Protection’s rigorous approach to handling fraud emphasises the importance of integrity and honesty in welfare claims.

KOD Lyons plays a crucial role in this landscape, providing expert legal guidance to individuals and employers facing allegations of welfare fraud.

Whether it’s dealing with cases of non-disclosure, multiple claiming, or other forms of welfare fraud, their expertise ensures that justice is served, and the principles of social welfare are upheld.

Workplace Relations Commission Inspections and Prosecutions

KOD Lyons routinely advises company directors in respect of Workplace Relations Commissions investigations. Criminal complaints and prosecutions are often presented for investigation by WRC Inspectors in relation to other alleged contraventions of employment legislation.

These include,

• unauthorised deductions from wages/under-payments,
• failure to issue payslips,
• failure to give rest breaks and daily and weekly rest,
• failure to grant annual leave and/or public holiday entitlements,
• allowing employees to work in excess of maximum weekly working hours, and
• failure to provide terms of employment and/or core (Day 5) statement.
• Immigration and work permit related offences

The Workplace Relations Commission in enforcing employment law is critical to maintaining fair and legal workplace practices.

KOD Lyons’ involvement in advising company directors and representing clients in WRC investigations underlines the firm’s commitment to upholding workers’ rights and employer responsibilities.

Our expertise in navigating complex employment legislation ensures that both employers and employees are adequately represented and that workplace justice is achieved.

KOD Lyons: Leading Regulatory Solicitors in Ireland

KOD Lyons stands out as a premier regulatory solicitor firm in Ireland. We are renowned for our extensive experience and remarkable proficiency in regulatory and corporate prosecutions. This distinction stems from a deep commitment to legal excellence and a nuanced understanding of the complexities inherent in corporate law and regulations.

Wide Range of Services

We offer a wide array of services that cater to both corporate entities and individuals. We also boast proficiency in advising on directorial responsibilities and potential liabilities, including restriction or disqualification proceedings, which is particularly noteworthy.

Dedication to Client Success

What truly sets KOD Lyons apart is our unwavering commitment to our clients’ success. We understand the high stakes involved in regulatory and corporate prosecutions and are dedicated to providing personalised, effective legal strategies to navigate these challenges.

Leading Regulatory Solicitors in Ireland

KOD Lyons is not just a law firm; it’s a powerhouse of regulatory legal expertise, offering unparalleled services in Ireland. Our reputation as a leader in this field is well-deserved, built on a foundation of successful outcomes, broad expertise, and a deep commitment to client success.

If you would like to discuss these matters in further detail, don’t hesitate to get in contact with us.

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