Richard Burger

Lawyer information

Practice Areas

Richard is a regulatory partner with 20 years' experience of financial regulatory, professional disciplinary and criminal investigations. He also advises on governance, conduct and compliance.

Career

Richard represents regulated firms, corporates and their senior management in UK and international regulatory enforcement, criminal and internal corporate investigations.

Financial Services – litigation and advisory

A former enforcement lawyer and prosecutor with the FSA - the predecessor to the Financial Conduct Authority (FCA); Richard now defends clients under investigation by the FCA, Prudential Regulation Authority (PRA) and overseas regulators.

Utilising his FCA experience and from his time on secondment as head of compliance for a London market insurer, Richard advises boards and senior managers on governance, conduct and compliance.

Financial and complex crime

He also represents clients in investigations by Serious Fraud Office (SFO), US Department of Justice (DoJ), Information Commissioner's Office (ICO), HM Revenue and Customs (HMRC), Insolvency Service, and National Crime Agency (NCA), regarding allegations of: bribery and corruption, fraud, market misconduct (insider dealing and market abuse), money laundering, tax evasion, extradition proceedings, financial and trade sanction breaches.

He has also acted for professionals, members of overseas royal families, sporting personalities, journalists and serving military personnel in personal criminal matters.

Richard specialises in representing clients at interviews under caution. He can be contacted on his mobile: 07545 100510 for urgent representation.

Private prosecutions

Richard has experience of commencing private prosecutions on behalf of regulators, corporates, local authorities and private individuals for offences of fraud, copyright breaches, health and safety, and trading standards.

Professional discipline

Following a secondment to the Financial Reporting Council (FRC), Richard advises accountants and insolvency practitioners on risk management and in disciplinary investigations.

Professional Memberships

•Chartered Fellow of the Chartered Institute for Securities & Investment (CISI)

•Joint Chair of the CISI Disciplinary Panel

•Committee member of the Fraud Lawyers Association

•Staff Officer with British Army Reserve, Adjutant General’s Corps, Army Legal Services (Reserve)

Work Highlights

FCA Enforcement

Representing regulated firms (banks, insurers, intermediaries, FX and fixed income brokers) and listed companies, as well as C-Suite directors (Chair, CEO, COO, CFO, General Counsel, and NEDs) and senior managers (Compliance managers, MLRO and LIBOR submitter) in FCA/PRA enforcement investigations.

Financial and complex crime

Representing a private individual in bribery and corruption investigation.

Represented the Chair of an AIM listed corporate in a corruption and fraud investigation.

Represented FTSE corporate client in criminal investigation (Operation Spruce) by the Information Commissioner's Office – no further action.

Represented two senior tax advisers in a private prosecution, accused of dishonesty and fraud – prosecution discontinued by the CPS.

Professional discipline

Representing chartered accountants and Insolvency practitioners under investigation by the FRC, ICAEW, CIPFA and IPA.

Reported cases

Reported cases, where Richard was acting:

R. (on the application of Crookenden) v Institute of Chartered Accountants [2013] EWHC1909 (Admin), successfully defended costs application by the ICAEW following withdrawal of judicial review proceedings alleging bias and procedural impropriety by the ICAEW; and

R. (on the application of Warren) v Secretary of State for the Home Department [2003] EWHC 1177 (Admin) – judicial review of US extradition proceedings in respect to right for private and family life of solicitor accused of US securities fraud.