Richard Sharpe
Overview
'A total professional who understands the region well' - Chambers Asia-Pacific
Richard Sharpe is a partner in the Government & Internal Investigations Practice Group in the Hong Kong office of Kirkland & Ellis. He assists multinational clients with a variety of business-related criminal matters, including anti-bribery and corruption, anti-money laundering, international sanctions, cyber-crime and other cross-border investigations.
A Hong Kong-qualified solicitor, and an England and Wales barrister, Richard’s experience includes representing financial institutions and individuals under investigation by the Hong Kong Monetary Authority; Securities and Futures Commission; and the Hong Kong Independent Commission Against Corruption.
In addition, he has significant experience in complex civil litigation and arbitrations arising from fraud and other criminal misconduct, as well as obtaining supporting ancillary relief. He also advises global companies on investment-related international risk and the design and implementation of compliance programs.
Richard was a barrister in England and Wales for the first 11 years of practice, focusing on the prosecution and defence of complex business crime and civil asset recovery, before relocating to Hong Kong in 2013.
In a Chambers Global 2020 interview, clients describe Richard as “a total professional” who “understands the region well.” He advises global organisations on a range of compliance mandates including anti-corruption, anti-money laundering and trade controls.
Chambers Asia-Pacific 2020 named him as an “up and coming lawyer”: “Richard Sharpe receives praise for his ability to handle complex regulatory investigations and is singled out for his expert knowledge of the UK Bribery Act. Sources note that his experience acting in court as a barrister in the UK enables him to ‘appreciate the nuances of how the prosecutors will think’ and gives him ‘a great edge’. Clients refer to him as a ‘star performer,’ citing his ‘excellent advice’ and ‘strong work product’ as key strengths.” Clients describe him as “a good guy who is making an impact”, and note: “he knows what he is doing.”
Legal 500 Hong Kong 2018 names him as a “next generation lawyer”: “Richard Sharpe is qualified as a barrister in London and solicitor in Hong Kong, giving him a ‘unique perspective to analyze complex regulatory/white-collar issues’.”Experience
Representative Matters
Whilst at Kirkland, Richard’s representative matters have included:
Investigations
- Conducted an audit committee investigation into fraudulent accounting allegations in a global energy services platform in the Middle East.
Arbitrations/Litigation
- Acted for an international private equity fund in HKIAC arbitration proceedings (seated in Hong Kong) in connection with a claim against a limited partner of the fund for approximately USD 1bn, for breach of confidentiality.
- Acted in ICC arbitration proceedings (seated in New York), and ancillary Hong Kong High Court proceedings in connection with a shareholders’ dispute in Hong Kong, arising from U.S. Chapter 11 proceedings.
- Acted for a multinational professional services firm in Hong Kong High Court contempt of court proceedings, arising from a dispute over the enforceability of inter-jurisdictional disclosure obligations.
Others
- Represented Voyager Innovations, a KKR portfolio company and the leading technology company in the Philippines, on its US$210 million Series C fundraising round (including funding from KKR, Tencent, PLDT, IFC, SIG Venture Capital, EDBI and First Pacific).
- Represented Hypebeast Limited (HKSE: 00150), a global digital media and e-commerce platform in contemporary lifestyle and culture, on its listing on NASDAQ through a business combination with Iron Spark I Inc. (NASDAQ: ISAA), a special purpose acquisition company. The combined business has a pro forma equity value of US$534 million.
- Represented Artisan Acquisition Corp. (NASDAQ: ARTAU), a special purpose acquisition company founded by renowned Hong Kong cultural entrepreneur Adrian Cheng, on its business combination with Prenetics Group Limited, a global leader in genomic and diagnostic testing.
- Represented VisasQ Inc. (TYO: 4490), a leading knowledge platform in Japan, in its acquisition of Coleman Research Group, Inc., a US-based expert network service firm.
Prior to joining Kirkland, Richard’s representative matters included:
Investigations
- Represented a Chinese telecommunications company in a significant export controls and economic sanctions investigation by the U.S. Departments of Justice, Commerce and Treasury.
- Represented the Hong Kong branch of a PRC bank under investigation by the HKMA/ICAC for anti-bribery and corruption offenses.
- Represented an international bank in HKMA regulatory investigation into a widespread banking fraud perpetrated by a member of retail staff, as well as conducting the associated civil litigation (including advocacy in Hong Kong to freeze USD 26 million).
- Represented a global reinsurer in an investigation by the Hong Kong Confederation of Insurance Brokers, UK Financial Conduct Authority and Hong Kong ICAC into a staff member’s cybertheft of commercially sensitive intellectual property.
- Represented an international bank under investigation by the SFC into financial services misselling.
- Represented multiple corporate executives and individuals in investigations by the ICAC.
- Defended multiple financial institution clients criminally prosecuted by the Hong Kong Customs and Excise for offences under the Import Ordinance (including conducting Hong Kong criminal Court advocacy) relating to technology imports.
Arbitrations/Litigation
- Acted for an international private equity fund in CIETAC arbitration proceedings (seated in Beijing) in connection with claims of fraud arising from a PRC investment, including conducting the advocacy in the High Court of Hong Kong to freeze more than USD 250 million worldwide.
- Acted for the private equity arm of an international bank in SIAC arbitration proceedings (seated in Singapore) in connection with claims of fraud arising from a direct equity investment in an Indian film company.
- Acted for an international bank in three LCIA arbitration proceedings (seated in London), against a Russian-Mongolian SOE and a Mongolian conglomerate in connection with the bank's investment in one of the world's largest copper mines, and fraud arising from the related structured facilities and security arrangements, and acted in connected England and Wales High Court litigation.
- Successfully pursued Hong Kong High Court contempt of court proceedings on behalf of an international private equity fund, against an individual for false statements arising from Court ordered asset disclosure.
London Bar
- Lexi Holdings (2012) — Instructed in a six-month criminal trial as junior counsel for the defence in a complex GBP 150m bridging loan fraud, perpetrated against a syndicate of Barclays, Bank of Scotland and Lloyds TSB, prosecuted by the Serious Fraud Office.
- R v Mohammed Fazal (2009) — Appeared as sole counsel for the Crown in the Court of Appeal (Criminal Division) in the first case providing guidance on the definition of “converting” within s.327 Proceeds of Crime Act 2002.
- HMRC v Raymond Woolley (2008) — Instructed as junior counsel for the Revenue and Customs Prosecution Office in a High Court enforcement of a confiscation order for £5.5m against a British national resident in Switzerland. The Defendant became one of very few individuals to be extradited from Switzerland for a tax fraud matter.
- The Asset Recovery Agency v Dylan Creaven (2006) – Instructed as junior counsel by the Asset Recovery Agency in the first High Court civil recovery application under Part V of the Proceeds of Crime Act 2002. The Agency sought GBP 162m from the Defendant for alleged MTIC carousel VAT fraud.
- Had sole conduct of dozens of criminal jury trials to verdict, in England and Wales, acting on behalf of both the prosecution and the defence, in cases involving various prosecuting authorities, including the Serious Fraud Office, the Special Casework Division of the CPS, and Her Majesty’s Revenue and Customs Prosecution Office.
Prior Experience
Clifford Chance LLP, 2013–2018
More
Thought Leadership
Publications
Co-author, “INSIGHT: Hong Kong Financial Regulator Can Seize Devices, Access Accounts,” Bloomberg Law (April 27, 2020).
Co-author, “Hong Kong’s Corruption and Markets Regulators Have Signed a Collaboration Memorandum to Combat Financial Crime,” Hong Kong Lawyer (December 9, 2019).
Co-author, “Newly Released Draft Measures on Data Security Management Strengthen China’s Data Protection Framework,” Pratt's Privacy & Cybersecurity Law Report (November–December 2019).
Co-author, “Anti-corruption due diligence in cross-border transactions,” Thomson Reuters (March 19, 2019).
Co-author, “Heads or Tails? Are Europe’s GDPR and China’s Cybersecurity Law Two Sides of the Same Coin?” China Business Law Journal (May 25, 2018).
Co-author to the “GIR guide to conducting regulatory investigations in Hong Kong” (2018).
Co-author to “Chambers & Partners guide to anti-bribery and corruption in Hong Kong” (2017).
Recognition
“Up and Coming”, Corporate Investigations / Anti-corruption – China, Chambers Asia-Pacific (2019–2022)
“Future Star”, White Collar Crime, Benchmark Litigation Asia-Pacific (2021–2022)
“Dispute Resolution Star”, White Collar Crime, Benchmark Litigation Asia-Pacific (2019)
Middle Temple Scholarships:
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The Queen Mother Scholar 2002
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The Hardwicke Exhibitioner 2002
Credentials
Admissions & Qualifications
- 2014, Hong Kong, Solicitor
- 2002, Admitted to Practice as a Barrister of England and Wales
Education
- Inns of Court School of LawBar Vocational Course2002
- New College, University of OxfordM.A., Jurisprudence (Law Concentration) (Oxon)2000