Michael Potts

Michael is the Managing Partner of Byrne and Partners LLP, a boutique litigation practice that specialises in criminal and civil fraud. Michael specialises in the defence of financial crime, fraud and regulatory investigations and prosecutions. He has acted in numerous high profile investigations and prosecutions brought against individuals by the SFO, FCA, Fraud Prosecution Service, and other regulatory bodies and prosecution agencies. He regularly advises in international cases that involve US and European Prosecutors/Regulators and the overlap between jurisdictions. Michael also advises both companies and professional firms on their anti - money laundering compliance and is a member of the Money Laundering Task Force Committee of the Law Society. Michael is a Solicitor-Advocate (Higher Courts Criminal and Civil Proceedings).

Contributed to

13

Dawn raid—preparing for and dealing with a dawn raid
Practice Note

This Practice Note sets out how to create and implement an action plan for dealing with a dawn raid. It covers assembling a Dawn Raid Response Team and the steps you should take immediately on a raid commencing, and during and at the end of a raid.

Dawn raid—who can raid my organisation and why?
Practice Note

This Practice Note provides a high-level summary of who can raid a commercial entity, why are they likely to perform a raid, the basic powers of the raiders, the consequences of failing to cooperate, and what you can do to prepare for the possibility and in the event of a raid.

Dealing with dawn raids by HM Revenue & Customs
Practice Note

This Practice Note sets out what HM Revenue & Customs is, the main reasons it may carry out a raid, it’s powers, and the consequences of failing to co-operate with one.

Dealing with dawn raids by the Competition and Markets Authority
Practice Note

This Practice Note sets out what the Competition and Markets Authority (CMA) is, the main reasons it may carry out a raid, its powers, and the consequences of failing to co-operate with one. It also provides some practical tips on dealing with the CMA.

Dealing with dawn raids by the Information Commissioner’s Office
Practice Note

This Practice Note provides practical tips on dealing with a dawn raid by the Information Commissioner’s Office (ICO). It sets out what the ICO is, the main reasons for an ICO raid, it’s powers, and the consequences of failing to co-operate with a raid by the ICO.

Dealing with dawn raids by the police
Practice Note

This Practice Note sets out who/what the police authority is, the main reasons for a police raid, police powers and the consequences of failing to co-operate.

Dealing with dawn raids by the Serious Fraud Office
Practice Note

This Practice Note sets out what the Serious Fraud Office is, the main reasons it may carry out a raid, its powers, and the consequences of failing to co-operate with one.

Offence of causing a financial institution to fail and other offences under FS(BR)A 2013
Practice Note

This Practice Note explains the offence of causing a financial institution to fail under the Senior Managers and Certification Regime (SM&CR) created by the Financial Services (Banking Reform) Act 2013 (FS(BR)A 2013). It covers the elements of the offence under section 36 of FS(BR)A 2013, key definitions and the investigation and prosecution of this offence. The Practice Note also explains the investigatory regime created by the act and offences of falsifying, concealing or destroying evidence under section 90 of FS(BR)A 2013 and disclosing confidential information under section 93 of FS(BR)A 2013.

Offences under the Money Laundering Regulations 2017 (MLR 2017)
Practice Note

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (Money Laundering Regulations 2017 or MLR 2017), SI 2017/692 came into force on 26 June 2017. The MLR 2017 replace the Money Laundering Regulations 2007, SI 2007/2157, and give effect to Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (sometimes known as the Fourth Money Laundering Directive or MLD4) which took effect from 26 June 2017. This Practice Note considers the key provisions of MLR 2017 in so far as the regulations give rise to potential criminal liability. It sets out the offences under the MLR 2017 and sentences which can be imposed on conviction. It also summarises key regulator guidance on the MLR 2017 and introduces the oversight of non-statutory, professional body money laundering supervisors by the Office for Professional Body Anti-Money Laundering Supervision (OPBAS). The Practice Note incorporates amendments by the Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018, SI 2018/1337 and the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, SI 2019/1511, which reflect Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directive 2009/138/EC and Directive 2013/36/EU (the Fifth Money Laundering Directive, known as MLD5). MLR 2017 will be amended on Exit Day. The Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2019, SI 2019/253 have been made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018.

Proceeds of Crime Act 2002—information sharing in the regulated sector—superSARs
Practice Note

This Practice Note provides guidance on section 11 of the Criminal Finance Act 2017 (CFA 2017), which amends the Proceeds of Crime Act 2002 (POCA 2002) to make provision for voluntary information sharing within the regulated sector, and between those bodies and the National Crime Agency (NCA), in connection with suspicions of money laundering. It explains voluntary disclosures, required notifications and disclosure requests and who they apply to. It also considers joint disclosure reports, or superSARs, as well as considerations of confidentiality, good faith and what the effect of the new provisions for required disclosure is on existing failure to disclose offences. Finally, it sets out some practical guidance on what to do on receipt of a voluntary disclosure request or a request from an NCA officer.

Dawn raid—action plan
Precedent

This Precedent Dawn raid action plan sets out the steps you can take in the event of a dawn raid, and the key individuals and teams with specific responsibilities for overseeing or carrying out those steps—the Dawn Raid Response Team. Investigators typically arrive unannounced first thing in the morning, often taking an aggressive approach which calls for the organisation to respond quickly and effectively to ensure compliance with its obligations and to prevent disruption to the day-to-day running of the business. It is essential that you plan for a possible dawn raid to ensure staff are briefed and ready to respond efficiently and properly in what may be a chaotic and stressful situation.

Dawn raid—instruction sheet—Response Team Leaders
Precedent

This Precedent Dawn raid instruction sheet for Response Team Leaders contains instructions for the Team Leaders (ie the designated senior manager (eg CEO) and the lawyer(s) advising on the dawn raid) in the event of a dawn raid. It is intended to be issued to the Response Team Leaders in advance of a dawn raid occurring, but realistically is likely only to be used when a raid actually happens.

Dawn raid—instruction sheet—shadowers
Precedent

This Precedent Dawn raid instruction sheet contains instructions for shadowers on handling a dawn raid. It is intended to be issued to shadowers in advance of a dawn raid occurring, but realistically is likely only to be used as and when a raid actually happens.

Practice areas

Membership

  • Proceeds of Crime Lawyers Association
  • Fraud Lawyers Association

Panel

  • Consulting Editorial Board
  • Specialist Panel

Education

  • BA (Hons) Jurisprudence, Lincoln College, Oxford Univeristy

If you expected to see yourself on this page, click here.