Nicholas has considerable experience with complex fraud and regulatory litigation both in the UK and in the United States. His practice has included the following:
- Regulatory litigation at the Regulatory Decisions Committee of the Financial Services Authority and the Financial Services & Markets Tribunal.
- Judicial review proceedings in the High Court arising from regulatory litigation against the Financial Services Authority.
- Defence of individuals accused of bribery under the Foreign Corrupt Practices Act.
- Defence of individuals accused of misleading the market by the Securities & Exchange Commission and the US Department of Justice.
- Defence of tax protesters.
- Defence of individuals accused of insider trading by the US Department of Justice.
- Defence of civil and criminal forfeiture actions, including federal appellate experience at the Ninth Circuit Court of Appeals and confiscation proceedings in the Crown Court.
- Internal investigations under the Foreign Corrupt Practices Act and state and federal environmental legislation.
- Defence of individuals and corporations accused of unlawful dumping, dredging and improper destruction of records under state and federal environmental legislation.
Key cases:
- FSA v. W (a firm); FSA v. G (a firm) [2009-2010]:RDC, FSMT, High Court of Justice. Junior Counsel. Representation of several small-cap stockbroking corporations before the Regulatory Decisions Committee of the Financial Services Authority and the Financial Services & Markets Tribunal in Own-Initiative Variation of Permission Proceedings under the Financial Services and Markets Act 2000. Nicholas has also represented regulated entities in the High Court in judicial review proceedings against the FSA.
- United States v. Lee [2007]: Federal Ninth Circuit Court of Appeals. Lead Counsel. Argued that the government's forfeiture of real property belonging to a Vietnamese-American husband accused of criminal conspiracy failed to properly account for the customary interests of his wife.
- United States v. Wooh [2007]: Federal Ninth Circuit (District of Oregon). Junior Counsel. Whistleblower case involving allegations of Foreign Corrupt Practice Act violations in the international scrap steel shipping industry.
- United States v. Kornman [2007]: Federal Fifth Circuit (Northern District of Texas). Junior Counsel. Complex motions to suppress illegally obtained evidence in securities fraud/insider trading prosecution.
- United States v. Stringer [2006-2008]: Federal Ninth Circuit (District of Oregon). Junior Counsel. Participated in landmark case involving the dismissal of an indictment against CEO due to improper, secret collusion between the Securities & Exchange Commission and the United States Attorney's Office.
Relevant Publications:
- Contributor to Advertising Law and Regulation (Tottel, 2nd Ed. 2010); specifically Chapter 22: Regulation of Financial Services Advertising.
Contact Nicholas Cropp
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk