Charlotte Branfield focuses on civil, regulatory and criminal work for public and private companies, executives, high-net-worth individuals, governments, sovereign States, regulators, and law enforcement. Her practice includes: extradition; antitrust; sanctions and export controls; civil/criminal fraud; enforcement; asset recovery; bribery; corruption; money laundering; insider trading and market abuse; professional discipline/negligence; public and administrative law; and public and private international law.

Notable instructions have included: sole junior counsel on a large civil fraud; advising a high profile influencer on fraud markers and de-banking; sole junior counsel on a multi-handed drugs supply and firearms trial; prosecutor for a joint enterprise s.18 GBH in the Youth Court; representing a FTSE 100 company in a multi-day licensing appeal; prosecuting on behalf of the ICO for breaches of the DPA 2018; sole counsel for the Metropolitan Police Service in Crown Court cash and account forfeiture appeals; defending a police officer accused of multiple sexual assaults; defending a member of police staff accused of perverting the course of justice and fraud; and defending an individual accused of child cruelty.

For over 10 years prior to the Bar, Charlotte held various roles in financial services. This includes nearly 9 years at the investment bank Citigroup in senior client and regulator facing roles, such as Global Head of Operational Resilience, and Global Head of Strategy and Governance for Business Services (“products”). As a result, she has a deep experience and unique understanding of banking and large organisations’ reporting structures; stakeholder management; Systems and Controls; Operations; and policies and procedures, which she leverages in her advice. She is known for her ability to get to grips with large volumes of complex technical and financial data, and for a strategic, business-focused approach to the international and domestic legal, political and regulatory environment.

She has particular expertise in advising Boards, executive management and senior managers on topics relating to corporate responsibility/liability and the management of non-financial risks such as conduct/culture, cyber security, data protection, ESG, financial crime and third parties. She is uniquely positioned to represent clients in parallel proceedings and advise on the cross over between civil, regulatory and criminal matters, particularly financial services regulation law and those aspects of criminal law which engage with regulated financial activity.

Charlotte has significant experience engaging with law enforcement and regulators worldwide, in particular, the UK, the US, Europe, the Middle East, Africa, Hong Kong and Singapore. In the UK, this includes the FCA, PRA, Bank of England, HM Treasury / OFSI, the Metropolitan Police Service and the NCA.

She is accustomed to working closely with a range of stakeholders including crisis communications and public relations firms, accountants, investigators, family offices and in-house legal teams to develop a holistic legal strategy that covers all sensitivities and risks associated with investigations and disputes, such as reputation management, privacy concerns and recognising the need for an ongoing relationship with a government or regulator.

Legal Expertise

Fraud, financial crime and investigations overview

Charlotte has a particular interest in both civil and criminal fraud, financial crime (also known as corporate or business crime), restraint, confiscation and civil recovery, and investigations.

Civil / Commercial
Charlotte is currently sole junior counsel in a complex civil fraud, led by Hefin Rees KC of 3VB.

During pupillage, Charlotte assisted Simon Farrell KC in resisting applications before the High Court (Insolvency and Companies List) for strike out and summary judgment in relation to the Insolvency Act 1986 following a finding of MTIC fraud in the First-tier Tax Tribunal, which focused on the meaning of ‘dishonesty’. Charlotte also assisted Simon Farrell KC in advising a property investor on potential civil (and criminal) fraud and negligence claims.

Criminal
Charlotte is regularly instructed as sole counsel in a range of cash forfeiture, asset forfeiture and account freezing order proceedings, under the Proceeds of Crime Act 2002. She has successfully represented the Metropolitan Police Service in a multiple cash and account forfeiture matters, including multi-day appeals in the Crown Court. During pupillage she assisted in advising on property and account freezing orders related to crypto-currencies, and an application to the High Court for an ex parte disclosure order.

Investigations
She is developing a practice in government (incl. SFO) and regulatory investigations, whether pre-investigation prevention and mitigation, internal investigations, defence of an investigation, or resolution through settlement or trial. This involves early action to manage the many investigative issues that can arise, such as reputation management (for corporates and individuals), confidentiality, privilege, data protection, and parallel civil, regulatory or criminal proceedings.

Charlotte is developing a practice defending and prosecuting in matters involving, HMRC, Companies House and the Insolvency Service, in addition to matters involving the FCA, PRA, Bank of England, HM Treasury / OFSI, the Metropolitan Police Service and the NCA.

She can provide advice from the early stages of an investigation through to trial and merits of appeal, as well as provide advice and assistance to potential witnesses or corporate entities that have received a request to attend court, give evidence or produce documents.

Prior to joining Chambers, Charlotte worked for Citi where one of her leadership roles included global engagement with governments, regulators, NGOs and civil society on financial and business crime related matters, such as bribery and corruption, money laundering, modern slavery, human and wildlife trafficking, and the Tech for Integrity Challenge, now run by the World Economic Forum’s Partnering Against Corruption Initiative (PACI).

Regulatory (non-contentious, contentious and enforcement) overview

Building on over 9 years in banking, with direct engagement with UK, US, European, Middle Eastern, African, Asian and LATAM regulators, Charlotte has a keen interest in developing a broad practice across regulatory enquiries, investigations, disputes and enforcement, as well as related civil and/or criminal proceedings.

She understands the importance of resolving disputes in a way that recognises the need for an ongoing relationship with a regulator.

Data Protection
Charlotte is building a data privacy practice spanning both prosecution and defence, across regulatory, civil and criminal proceedings. She successfully represented the Information Commissioner’s Office (ICO) in criminal proceedings related to multiple breaches of the Data Protection Act 2018.

Environment
During pupillage, she assisted with the prosecution of a regional water and sewerage company on behalf of the Environment Agency.

In one of her earlier roles at Citi, Charlotte led global government and regulatory engagement related to green finance, “Environmental, Social and Governance” issues, and climate-related financial disclosures.

Financial Services
Charlotte has particular expertise engaging with the FCA, PRA and BoE, and as such has deep understanding of their mindsets, motivations, priorities and approaches.

Her practice includes advising on non-contentious matters such as the interpretation of the FCA Rules and Guidance, compliance with the Senior Managers and Certification Regime (SMCR); culture; corporate governance; systems and controls; regulatory obligations for regulated investment managers, advisers and deal makers; and the marketing of financial products and fundraising. Her experience also involves responding to issues and allegations related to FCA and PRA supervision, regulatory compliance and notifications/reporting.

During pupillage Charlotte assisted in advising individuals and companies across a range of issues including: (i) a broker dealer on its MiFID II compliance; and (ii) company directors on their duties under the Companies Act 2006.

Charlotte also has experience regarding the removal of Cifas markers.

Office of Rail and Road
Charlotte assisted Saba Naqshbandi KC and Bo-Eun Jung in advising on a statutory appeal involving the Office of Rail and Road.

Police Misconduct
During pupillage she gained substantial experience assisting with cases before police misconduct tribunals.

Professional discipline and negligence overview

Charlotte is developing her practice in this area: her previous professional experience, and complementary practices in civil law, criminal law and regulatory, enables her to provide companies, directors and senior managers with advice and representation in the context of pre-investigation prevention and mitigation, internal investigations, representations to regulatory bodies to avoid disciplinary proceedings, representations to the Disclosure and Barring Service, fitness to practise proceedings, directors’ disqualification proceedings, and related criminal or regulatory investigations or proceedings.

Charlotte is alive to the sensitivities and wider risks to companies and individuals from these allegations, for example, issues relating to professional registration, reputation management, and privacy.

Sanctions and export controls overview

Charlotte has a particular interest in sanctions and export controls work. During pupillage Charlotte gained substantial experience of assisting with cases which involved advising companies and individuals on various compliance matters under the sanctions regulations, as well as challenging sanctions designations. She is developing her practice in this area and available for instruction in sanctions cases.

Extradition overview

Charlotte has a strong interest in extradition law. She has assisted in extradition matters on behalf of requested persons at Westminster Magistrates’ Court and in two extradition appeals to the High Court. She is developing her practice in this area and is available for instruction in extradition cases.

Public Law overview

Charlotte has a keen interest in developing a broad administrative and public law practice which includes administrative law proceedings, judicial review, regulatory appeals, and assistance with appearances before legislative and parliamentary committees.

Charlotte assisted with a range of judicial review and European Human Rights Convention cases during pupillage, and her public law practice draws on all other elements of her practice, for example challenging professional discipline decisions by way of judicial review.

In her first role at Citi, she was responsible for leading the bank’s global public policy, legislative and regulatory strategies on non-financial risks, specifically:

  • climate change, energy transition, sustainability and “ESG”;
  • cyber security;
  • data protection;
  • rights under the European Human Rights Convention;
  • foreign direct investment;
  • national security;
  • prison and secure estate conditions;
  • procurement and supply chain risks;
  • professional discipline;
  • technology including crypto currencies, digital assets, blockchain and artificial intelligence (AI).

Crime and quasi-criminal matters overview

Charlotte is currently sole junior in a multi-handed drugs supply and firearms case, led by Ronnie Manek of GT Stewarts Solicitors.

She regularly prosecutes and defends in the Magistrates’ and Crown Courts. She has defended in cases involving a range of offences such as perverting the course of justice, fraud, child cruelty, robbery, theft, burglary, blackmail, assault, possession of weapons, misuse of drugs, criminal damage, public order, and driving offences.

Charlotte also prosecutes and defends in the Youth Court; her experience includes prosecuting a joint enterprise matter involving grievous bodily harm with intent (s.18 GBH), as well as multiple trials relating to possession of machetes and drugs.

During pupillage, she assisted in an application to the Court of Appeal for permission to appeal against conviction and sentence.

Charlotte is regularly instructed by the Metropolitan Police Service to appear in applications for civil preventative orders, including Closure Orders, Sexual Risk Orders, Sexual Harm Prevention Orders, and Stalking Protection Orders.

Licensing overview

Charlotte acts for licensing authorities in the Magistrates’ and Crown Courts. She is currently instructed in a multi-day licensing appeal on behalf of a FTSE 100 corporate, and appears for the Councils of Westminster City and the Royal Borough of Kensington and Chelsea in licensing appeals.

During pupillage Charlotte regularly appeared for Transport for London in licensing appeals in the Magistrates’ Court and at the Central Criminal Court (Old Bailey).

Constitutional and Administrative Law Bar Association (ALBA)
Defence Extradition Lawyers’ Forum (DELF)
Extradition Lawyers’ Association
Financial Services Lawyers Association (FSLA)
Women in AI Governance
Women in Criminal Law (WICL)
Women in Sanctions
Young Fraud Lawyers Association

BPP University, Bar Practice Course (Part-time: 2021 – 2023) (Distinction).
BPP University, Graduate Diploma in Law (Part-time: 2015 – 2018) (Commendation).
Chartered Institute for Securities & Investment (CISI) Level 3 Certificate in Corporate Finance (2016).
University of St Andrews, MPhys (Hons) Theoretical Physics and Mathematics (2010 – 2015).

Professional Awards
US Department of State International Leadership Program (IVLP) 2019, awarded for leadership in the fields of cybersecurity, capacity building and crisis management. This is solely awarded by, and at the discretion of the US Government; there is no application process.

Academic Awards
The Headridge Scholarship, The Honourable Society of Gray’s Inn (2022).
The David Karmel Scholarship, The Honourable Society of Gray’s Inn (2015).
Shortlist, The Principal’s Medal for Outstanding Endeavour & Achievement, University of St Andrews (2015).
Rector’s Scholar, University of St Andrews (2014).
Deans’ List for Academic Excellence, University of St Andrews (2013 and 2015).
Grade 8 Drum Kit (Merit), Trinity College London & Guildhall School of Music and Drama (2009).

“Operational Resilience 2.0”, Citigroup article, 3 February 2022 (co-author). Available here.

“Operationally Paralysed Global Systemically Important Bank (GSIB) Sector Response Principles”, the Bank of England’s Cross Market Operational Resilience Group (CMORG), May 2021 (co-author).

“Banking in the near future: optimising risk management and resilience in the digital age”, interview and article with The Sunday Times, 25 April 2021.  Available here

“Cyber-threat intelligence information sharing guide”, the UK Foreign, Commonwealth & Development Office and Citigroup joint report, March 2021 (co-author).  Available here.

“Beyond prevention: cyber security and the resilience of the financial sector”, presentation to the Bank of England’s Centre for Central Banking Studies, October 2019.

“CyberX: multi country, multi sector cyber attack simulation”, presentation to the International Monetary Fund (IMF) and World Bank Annual Meeting, October 2019 (co-presenter with the IMF and Central Bank of Nigeria).

“Driving cyber resilience in the financial system: the role of central banks”, Official Monetary and Financial Institutions Forum (OMFIF) and Citigroup joint report, October 2019 (co-author).

“Cyber risk: Leveraging a multidisciplinary approach”, Cyber Security: A Peer-Reviewed Journal, 2 (4), 310-320, 2019.

“From Banks to Drones, Securing our Societies across all Domains”, NATO Information Assurance Symposium, October 2018.  Available here.

“Managing Cyber Risk with Human Intelligence”, Citi Global Perspectives & Solutions Report, 2019 (co-author).  Available here.

“Digitizing Governments: The Journey to Enacting a Digital Agenda”, Citi Global Perspectives & Solutions Report, 2019 (co-author).  Available here.

“Migration to Integration: Innovating for Inclusion and Prosperity”, Citi Public Sector Perspectives, 2017 (co-author).

“The New Model for National Development Banks: Agents and Catalysts for Private Sector Investment”, Citi Public Sector Perspectives, 2017 (co-author).

“Central Bank Reserves: Making Every Asset Count”, Citi Public Sector Perspectives, 2017 (co-author).

Crown Prosecution Service (General Crime) Level 2
Attorney General’s Junior Junior Panel

 

Following roles with TheCityUK and UK Finance (formerly the British Bankers’ Association), Charlotte worked at Citigroup (“Citi”, also known as Citibank) from June 2015 to October 2023. Most recently she led the strategy and governance of Citi’s global business services (“products”) (2022-2023). Prior to this she was the Global Head of Operational Resilience (2019-2022) which involved ensuring Citi had appropriate governance, data, controls, technology, processes, culture and communication protocols across 96 countries to detect, prevent and respond to any type of disruption, e.g., pandemic, severe weather event, cyber attack or third party outage, in order to continue delivering services and products to clients and the market.

In previous roles she led the teams responsible for Cyber and Information Security (CISO) global governance, strategy, employee training, and client, regulator and external engagement; and in her first role at Citi in Global Government Affairs, she led Citi’s global public policy, legislative and regulatory strategies and engagement on non-financial risks, such as financial crime, cyber security, data (privacy, protection and localization), climate change, green finance and Environmental, Social and Governance (ESG) topics including “business and human rights”, human and wildlife trafficking, procurement and supply chains.

During her time at Citi, Charlotte spearheaded various initiatives such as: partnering with the Bank of England, PRA and FCA to produce the principles for regulators and market participants to follow in the event a Global Systemically Important Bank (GSIB) became ‘operationally paralysed’; developing and piloting the world’s first multi regulator exam (US, EU, UK), in relation to cyber security testing (CBEST and TIBER-EU); the Financial Stability Board’s Cyber Lexicon and Task Force for Climate Related Disclosure; a multi country, multi sector cyber attack simulation with the Commonwealth of Nations, the International Monetary Fund, the World Bank, and the Central Banks of Ghana, Kenya, Nigeria, South Africa, Tanzania Uganda and the UK (as Chair-in-Office); and the Tech for Integrity Challenge, now run by the World Economic Forum’s Partnering Against Corruption Initiative (PACI).

In 2016, she was seconded to Citi’s Public Sector Corporate and Investment Banking team for Europe, Middle East and Africa (EMEA).

At UK Finance, Charlotte led the creation and development of the Financial Crime Alerts Service (FCAS), a pioneering system to enable 12 government and law enforcement agencies to issue warnings to banks of the latest threats to their security across terrorist financing, money laundering, bribery and corruption, cyber and e-crime, and fraud. FCAS was announced by Charles Farr, then Director General of the Office for Security and Counter Terrorism, Home Office, on 23 September 2014.

At TheCityUK, in 2013, Charlotte organised the inaugural UK-Turkey memorandum of understanding on financial and related professional services.

Charlotte is a member of the Equality, Diversity and Inclusion Committee of Gray’s Inn. She is also a Youth Referral Order Panel Member with Westminster City Council, and previously acted as a volunteer Social Welfare Appeal Caseworker within Simmons & Simmons LLP’s “Access to Justice Programme”, and with Career Ready.

I, Charlotte Branfield, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at charlotte.branfield@3rblaw.com.  My Data Protection Policy can be found here.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien.  The types of data I process vary upon the nature of the legal matter in relation to which I am engaged to advise, but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child.  When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here.  When I process data which has not been obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

  1. my Chambers, which supplies professional and administrative support to my practice;
  2. Courts and other tribunals to whom documents are presented;
  3. my lay and professional clients;
  4. potential witnesses, in particular experts, and friends or family of the data subject;
  5. solicitors, barristers, pupils, mini pupils and other legal representatives;
  6. ombudsmen and regulatory authorities;
  7. current, past or prospective employers;
  8. education and examining bodies;
  9. business associates, professional advisers and trade bodies.

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, or otherwise permitted by UK data protection legislation.

Under the UK GDPR, data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability.  Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services.  A failure to provide such data may mean that I will not be able to provide those legal services.

 

Rev 2.1 27.09.2024

Data Protection Policy

Legitimate Interests Assessment

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