What to Do If You Are Arrested for a Business Crime

Key Points

Business crime covers a wide range of offences, from fraud and bribery to money laundering and regulatory breaches, and can affect directors, employees, or the company itself.
If arrested, you have the right to remain silent, but this must be balanced carefully against the risk of adverse inferences being drawn later.
Never attend a police interview without a solicitor, even if you believe you have done nothing wrong.
Penalties range from unlimited fines and confiscation orders to lengthy prison sentences, with corporate fines sometimes calculated at a percentage of annual turnover, such as 5% or more.
Early, specialist legal advice significantly improves the outcome of any business crime investigation.

What Counts as a Business Crime?

Business crime is a broad category covering criminal conduct committed in the course of running or working for a company. It typically falls into a few key areas:

Fraud – including false accounting, investment fraud, and fraudulent trading under the Fraud Act 2006.
Bribery and corruption – offering, promising, or accepting bribes to gain a business advantage, governed by the Bribery Act 2010.
Money laundering – concealing, disguising, or transferring the proceeds of crime through business accounts, prosecuted under the Proceeds of Crime Act 2002 (POCA).
Failure to prevent offences – where a company can be held liable for failing to prevent fraud, bribery, or tax evasion by employees or associated persons.
Regulatory and financial crime – breaches of financial services regulations, tax evasion, or corporate manslaughter in serious cases.

Directors can also be personally investigated for offences such as director’s duties breaches or disqualification proceedings alongside any criminal charges.

The relevant laws

Several pieces of legislation underpin most business crime prosecutions in England and Wales:

Fraud Act 2006 – criminalises fraud by false representation, failing to disclose information, and abuse of position.
Bribery Act 2010 – creates offences of bribing another person, being bribed, bribing a foreign official, and a strict liability corporate offence for failing to prevent bribery by associated persons.
Proceeds of Crime Act 2002 (POCA) – covers money laundering offences and allows the state to pursue confiscation orders against criminal proceeds.
Companies Act 2006 – governs directors’ conduct and can lead to disqualification alongside criminal proceedings.

Because these offences frequently overlap, a single investigation can involve several agencies, including the police, the Serious Fraud Office (SFO), HMRC, or the Financial Conduct Authority (FCA).

What to do if you’re arrested for a business crime

If you’re arrested on suspicion of a business crime, how you conduct yourself in the first few hours can shape the entire case against you.

Stay calm and say as little as possible. Confirm your name and address, but avoid discussing the allegations until you have taken legal advice.
Request a solicitor immediately. This is a legal right under the Police and Criminal Evidence Act 1984 (PACE), and it applies whether you’re taken to a police station or invited to a voluntary interview.
Do not sign anything or agree to informal chats. Anything said “off the record” can still be used as evidence.
Ask for full disclosure. Before any formal interview, your solicitor is entitled to review the allegations and evidence disclosed by the investigating officer.
Consider the timing of any interview. You are entitled to a break, food, rest, and access to legal advice at every stage of the process under PACE Code E.

Handling a police interview under caution

A police interview under caution is a formal, recorded process, and everything said can be used in court. The caution itself warns that: anything you do not say when questioned may harm your defence if you rely on it later in court, and anything you do say may be used as evidence.

Take legal advice before answering any questions, even if the interview is ‘voluntary’ and not under arrest.
Understand the risk of “no comment” interviews. Staying silent avoids saying something damaging, but courts can sometimes draw an adverse inference if you later rely on a defence you didn’t mention at interview.
Prepare a written statement with your solicitor as an alternative to answering questions directly, which allows you to set out your position without exposure to further questioning.
Never guess or speculate. If you don’t know or can’t recall something, say so clearly rather than filling gaps.
Ask for regular breaks if the interview becomes long or the questioning becomes difficult to follow.

Do You Need a Lawyer?

Yes, business crime allegations are almost always complex and carry serious long-term consequences, including imprisonment, unlimited fines, and confiscation of assets. Our specialist criminal defence solicitor will:

Attend the police station or interview with you and advise on what, if anything, to say.
Review disclosure and identify weaknesses in the prosecution’s case.
Advise on ancillary risks, such as director disqualification or parallel civil claims.
Negotiate with investigating authorities where appropriate, including exploring options such as a caution, civil settlement, or discontinuance.

Even directors who believe they have done nothing wrong should seek advice immediately, as business crime investigations often widen in scope once underway.

Final Word

Business crime allegations move quickly, and the decisions you make in the first few hours after arrest can shape the outcome of the entire case. Whether you’re facing questions over an accounting irregularity, a bribery allegation, or a money laundering investigation, the safest course of action is always the same: say little, ask for a solicitor, and take specialist advice before engaging with investigators in any depth. With the right legal support from the outset, many business crime allegations can be resolved without charge, or defended effectively if they proceed to court.

FAQs

Do I have to answer questions in a police interview?

No, you have the right to silence, but your solicitor can advise whether a “no comment” interview or a prepared statement is more appropriate for your circumstances.

Can my company be prosecuted even if I didn’t personally commit the offence?

Yes, companies can face strict liability offences, such as failing to prevent bribery or fraud by employees or associated persons, even without direct director involvement.

What happens if I’m invited to a voluntary interview rather than arrested?

You still have the right to free legal advice and should treat it with the same seriousness as an arrest, as anything said can still be used in evidence.

Will a business crime conviction affect my ability to be a director?

Potentially yes. Alongside criminal penalties, courts can impose director disqualification orders, which can bar you from acting as a director for several years.