Emma B (2)

Emma Burgess

Employed Barrister

Emma has significant experience in financial crime. She specialises in criminal fraud, FCA contentious and non-contentious regulatory matters, investigations, policy, international crime and criminal appeals.

Emma was called to the bar in 2009 where she had a general crime practice, primarily defending, but also prosecuting. Emma also advised an American social networking site in respect of criminal requests for disclosure and has had a number of successful appeals in criminal cases (see for example, R v Daly [2014] EWCA Crim 2117).

In December 2014, Emma joined the FCA as a lawyer on the Criminal Prosecutions Team following a sixteen-month secondment assisting the authority with ‘Operation Dovercourt’, also known as the ‘FOREX’ scandal. This was the largest regulatory investigation ever undertaken by the FCA and involved allegations of banks colluding to manipulate exchange rates. All banks eventually settled the regulatory dispute and a total fine of £1.4bn was imposed.

Whilst on the Criminal Prosecutions Team at the FCA, Emma advised investigation teams on criminal matters being prosecuted by the FCA. These were predominately in substantial criminal matters such as insider dealing, market manipulation, market abuse and fraud.

Emma regularly advised on complex issues arising from the Financial Services and Markets Act 2000 and obtaining intelligence under the Regulation of Investigatory Powers Act 2000 (“RIPA”). She also drafted a number of internal polices for the FCA including the treatment of legally privileged material “LPP”, Mutual Legal Assistance and obtaining evidence from the ‘cloud’ and is therefore well-placed to advise in cases where these are in issue.

Emma’s cases are predominantly international in nature. She has particular expertise regarding the use of Mutual Legal Assistance Treaties and Memoranda of Understanding between the FCA and other prosecuting and regulatory authorities.

To contact Emma please call:

+44 (0)20 7822 7777