Michael Potts#3625

Michael Potts

Solicitor, PCB Byrne
Michael is a specialist in the defence of corporate and financial crime and regulatory investigations and prosecutions. He has represented senior executives and other professionals in many high-profile domestic and international investigations and prosecutions conducted by the SFO, FCA, NCA and other prosecution/regulatory agencies.
Michael regularly advises and represents senior financial services personnel facing FCA/PRA and other regulator investigations and disciplinary action. He also advises and represents high-net-worth individuals facing revenue investigations and potential prosecutions.
Michael has also been extensively involved in advising clients facing financial and trade sanctions both domestically and globally with experience of sanctions regimes in a range of countries. His most recent experience includes representing high-net-worth individuals that are the subject of sanctions imposed by OFAC, OFSI and the Minister for External Relations and Financial Services (Jersey), including challenging the ‘designated’ status of a number of high-profile Russian Oligarchs, and advising various Russian companies in a range of industry sectors on potential exposures arising from the evolving EU, US and UK sanctions regime.

Contributed to

11

Dealing with dawn raids by HM Revenue & Customs—key information
Dealing with dawn raids by HM Revenue & Customs—key information
Practice Notes

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—key information
Dealing with dawn raids by the Competition and Markets Authority—key information
Practice Notes

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 Financial Conduct Authority—key information
Dealing with dawn raids by the Financial Conduct Authority—key information
Practice Notes

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

Dealing with dawn raids by the Health and Safety Executive—key information
Dealing with dawn raids by the Health and Safety Executive—key information
Practice Notes

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

Dealing with dawn raids by the Information Commissioner's Office—key information
Dealing with dawn raids by the Information Commissioner's Office—key information
Practice Notes

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, its powers, and the consequences of failing to co-operate with a raid by the ICO.

Dealing with dawn raids by the police—key information
Dealing with dawn raids by the police—key information
Practice Notes

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—key information
Dealing with dawn raids by the Serious Fraud Office—key information
Practice Notes

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 cooperate with one.

How to deal with a dawn raid
How to deal with a dawn raid
Practice Notes

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.

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

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.

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

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
Dawn raid—action plan
Precedents

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.

Practice Areas

Panels

  • Consulting Editorial Board
  • Contributing Author

Qualified Year

  • 1997

Experience

  • Byrne and Partners LLP (2003 - 2021)
  • Dechert (1995 - 2003)

Membership

  • Proceeds of Crime Lawyers Association
  • Fraud Lawyers Association

Qualifications

  • B.A. Jurisprudence (1993)
  • Legal Practice Course (1995)

Education

  • Lincoln College, Oxford University (1990 - 1993)
  • Chester College of Law (1994 - 1995)

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