£110 million con 'funded lavish lifestyles' - R v Fraser, Liversidge and Liversidge
On 9th January, 2012, three individuals behind a £110 million fake invoices fraud were sentenced at the Crown Court at Leicester. The trial had taken 6 weeks and was prosecuted by Miranda Moore QC and Ben Douglas-Jones. The fraud was described as being of staggering proportions involving over 900 false invoices and dozens of victims. It caused the collapse of both of the companies involved and put other related companies and one bank department out of business. The defendants received sentences ranging from 3 years to 8 years 8 months, with the main fraudster, Max Fraser also being disqualified from being a director for 15 years. The sentencing hearing was reported by BBC News.
Management Consultant convicted of Insider Dealing
At the conclusion of his trial at Southwark Crown Court, management consultant Rupinder Sidhu has been convicted of 22 counts of insider dealing committed in concert with AKO hedge fund trader Anjam Ahmad. The case is the sixth successful prosecution for insider dealing brought by the FSA. Michael Brompton QC led for the prosecution.
SOCA break up major cannabis smuggling ring
Seven members of an organised crime group on 11 November were sentenced to 51 years in prison for importing several tonnes of cannabis into the
In court His Honour Judge Dodgson said: “This was a massive amount of drugs which had considerable damage to the end user. Robert Hastie played a vital role in this sophisticated crime group and showed a total disregard for the law. Only money mattered.” Robert Hastie was sentenced to 14 years’ imprisonment-the statutory maximum. He and John, his father, were also made the subject of Serious Crime Prevention Orders.
The seven-man group trafficked cannabis hidden in electrical goods including air conditioning parts from The Netherlands over a 12 month period.
The SOCA led investigation showed that the criminal organisation was headed up by Hertfordshire-based Robert Hastie, who directed its activity from his luxury home in Goffs Oak.
The prosecution was conducted by Sandip Patel, leading Joel Smith, Furnival Chambers.
The judge commended the prosecution.
Oakes and Odell to be published in New Law Journal
Victoria Oakes and Alex Odell have written an article entitled Handle with Care which is to appear in the edition of the New Law Journal due to be released at the end of this week. In it they consider the question whether the government has struck the right balance in its recent green paper Justice and Security and the implications of Closed Material Proceedings.
Edward Jenkins QC goes to China
Edward Jenkins QC recently visited
Lynette White Trial - Largest trial of police officers in British legal history ends with not guilty verdict for Jonathan Rees' client
A former Chief Inspector, P, was acquitted of conspiracy to pervert the course of justice on 1st December 2011 after a trial which commenced on 4th July 2011. P, represented by Jonathan Rees, was alleged to have been involved in fabricating evidence in the case against five men for the murder of Lynette White, a prostitute, in 1988 (three of whom were convicted at trial and later released on appeal).
The Prosecution had yet to close its case at the time the verdicts were entered. The trial was originally estimated to end in February 2012. As early as May 2011, Jonathan Rees had argued that the Prosecution had failed to comply with its disclosure obligations up to that point and that the court could not have the necessary trust and confidence in the Prosecution to remedy matters. As the trial progressed it became clear that, contrary to repeated assertions by the Prosecution team, the disclosure exercise had indeed failed and continued to do so.
The end came on 1st December 2011, after five weeks of further legal argument, when the Prosecution belatedly accepted that their disclosure regime was not ‘fit for purpose’ and (with the agreement of the DPP) offered no evidence. As a result of the Prosecution’s decision to offer no evidence, a submission of no case to answer on behalf of P, which had been made before the end of the Prosecution case with the consent of the Crown, was not ruled upon. The DPP and the IPCC have launched separate reviews into the investigation and prosecution.
PwC Disciplinary Hearing
On 28th November 2011 Tom Allen appeared for the Accountancy and Actuarial Discipline Board (AADB) in disciplinary proceedings against PriceWaterhouseCoopers. In May 2010 the FSA imposed a fine of £33 million on JP Morgan Securities Limited in respect of failing to segregate client money between 2002 and 2009. Up to $23 billion was put at risk in this way. PwC were JPMSL’s auditors throughout the relevant period and for each year submitted reports to the FSA incorrectly confirming that JPMSL had complied with the client money rules. PwC’s conduct fell short of the standards reasonably to be expected of a member firm and they accepted their culpability. A penalty will be announced in the next few weeks.
Beijing Olympic Ticket fraud update
On November 15th at Southwark Crown Court, Terrence Shepherd and Alan Scott, who were convicted earlier this year for their part in the online ticket fraud relating to the running of the Xclusive group of companies were made the subject of Serious Crime Prevention Orders which the Judge deemed wholly appropriate to prevent them engaging in ticket selling to the public in the 5 year period after their release from custody. Miranda Moore QC on behalf of the SFO argued that the public needed to be protected from the activities of these men after they were released as they had shown a disregard for any strictures placed upon them in the past. In addition Terrence Shepherd was sentenced to a consecutive period of 8 months in custody for contempt of court, for breaches of the restraint order which was in place in the run up to the trial.
"Yorkie Bar Man" Receives Suspended Sentence
Miranda Moore QC defended Stuart Mungall, who was accused of murdering his wife Joan. A plea to manslaughter was accepted by the Crown and a suspended sentence imposed. Mr Mungall, an
Miss Moore was instructed in the early stages of the case and helped to prepare the material and organise the evidence which enabled the
Acquittal in first ever Clinical Trials Regulations Prosecution
At Southwark Crown Court yesterday (3rd November),
Chambers and Partners 2012 Recommendations
5 Paper Buildings enjoy their best rankings to date in Chambers and Partners 2012. There are now 22 rankings across 6 practice areas, as well receiving recommendations as a leading set for both Crime and Fraud: Crime.
5pb members are ranked in:
Fraud (Crime): Jonathan Caplan QC, Anuja Dhir QC, Justin Cole and Ben Douglas-Jones
Crime: Jonathan Caplan QC, Graham Trembath QC, Miranda Moore QC, Julian Christopher QC, Anuja Dhir QC, Justin Cole, Tom Allen, Deanna Heer and Denis Barry
Health and Safety: (Jonathan Caplan QC and Deanna Heer
Consumer Law: Miles Bennett, Denis Barry and Ben Douglas-Jones
Administrative & Public Law: Jonathan Caplan QC, Nicholas Griffin and Victoria Oakes
Professional Discipline: Kevin McCartney
IBA Conference 2011
Victoria Oakes and Alex Odell are attending the International Bar Association Conference in Dubai between 30th October and 4th November. You can follow their exploits on this blog:
http://ibaconference2011.blogspot.com/
Legal 500 2011 Recommendations
The latest edition of the Legal 500 was published on 21st September 2011.
5PB received recommendations in:
Fraud: Crime (Jonathan Caplan QC, Michael Brompton QC and Justin Cole)
Consumer and Product Liability (Miles Bennett and Denis Barry)
Health and Safety (Jonathan Caplan QC)
Professional Discipline and Regulatory Law (Kevin McCartney) and
Civil Liberties and Human Rights (Nicholas Griffin)
Nicholas Griffin appointed as Assistant Commissioner for the Boundary Commission for England
Nicholas Griffin has been appointed by the UK Minister for Political and Constitutional Reform as an Assistant Commissioner for the Boundary Commission for England. The BCE is an independent statutory body whose important role is to review parliamentary constituency boundaries.
Court of Appeal clarifies risk and forseeability in HSE prosecutions
On
Miranda Moore QC represents Stuart Mungall
On 28th July 2011 at the Central Criminal Court, Miranda Moore QC represented the former actor Stuart Mungall who was accused of murdering his terminally ill wife, Joan. The proesecution accepted a plea tendered to manslaughter and the sentence was adjourned by the Recorder of London until September. This is the second "mercy killing" case Miss Moore QC has defended this year.
Nicholas Griffin speaks at Butterworths Public Inquiries Conference
Nicholas Griffin speaks at Butterworths Public Inquiries Conference on 12 October.
He appeared at both the Bloody Sunday Inquiry and the Rosemary Nelson Inquiry.
Corrupt solicitor jailed
A Henley-on-Thames based solicitor is serving a 16 month prison sentence for abusing his professional position.
James Thorburn-Muirhead was sentenced on 29th June after a SOCA investigation revealed his links to a drug dealer, his involvement in the theft of clients’ monies and his failure to disclose information under the Suspicious Activity Reports regime.
Sandip Patel appeared on behalf of the prosecution; further details can be found at:
http://www.soca.gov.uk/news/341-corrupt-solicitor-jailed
Daily Mirror Contempt Proceedings
Jonathan Caplan QC represented the Daily Mirror on 5th July 2011 in the Administrative Court before the Lord Chief Justice in contempt proceedings which were argued in person by the Attorney General.
The case was also brought against the Sun Newspaper and concerned the coverage of the arrest in Bristol of Christopher Jefferies.
Three guilty in on-line Olympic ticket fraud trial
Miranda Moore QC has successfully represented the Crown at the Crown Court at Southwark, where following a seven week trial, two defendants have been found guilty of a variety of offences for failing to supply tickets to the 2008 Beijing Olympics and summer music events such as the V, Leeds and Reading festivals. A thid defendant pleaded guilty before the trial.
The defendants operated through the Xclusive group of companies, receiving over £5 million in payment for the various events but supplied no tickets or refunds.
Around 2,500 people, from various countries including the UK; Australia; Canada; China; Hong Kong and the USA, are believed not have received over 5,000 tickets for the 2008 Beijing Olympics. Similarly during that year approximately 2,600 people in the UK did not get their tickets for summer music events, paying approximately £1m for over 5,000 tickets.
Commenting on the verdict, Serious Fraud Office (SFO) Director Richard Alderman said: “Xclusive was a sham that not only cost a lot of people their hard-earned money, but dashed their dreams. I am very pleased that justice has been done. Now we shall do our best to get the money back for the victims.”
Terrence Shepherd (d.o.b 29/09/58) of London was convicted of money laundering, two counts of fraudulent trading and two counts of acting as a company director whilst disqualified.
Alan Scott (d.o.b 17/06/54) of Essex was convicted of two counts of fraudulent trading.
Allan Schaverien (d.o.b 04/12/43) of Surrey pleaded guilty to aiding and abetting fraudulent trading on 15 April 2011.
Margaret Canty-Shepherd (d.o.b 24/10/59) of London was acquitted of money laundering and Cyril Gold (d.o.b 26/09/42) of Middlesex was acquitted of aiding and abetting fraudulent trading today [6 July 2011] by the jury.
Gert van Meel, Terry Shepherd and Alan Scott were also charged with fraud by false representation, contrary to section 1 and 2 of the Fraud Act 2006 in relation to the unauthorised sale of football tickets. HHJ Beddoe directed acquittals on this count on 2 June 2011.
The defendants will be sentenced on 11 July.
Ben Douglas-Jones wins in Adminstrative Court
Ben Douglas-Jones, instructed by Gary Lesin-Davis of EAD Solicitors, recently appeared for the successful Respondent in an appeal by way of case stated (Coventry City Council v Vassell [2011] EWHC 1542 (Admin)). The case concerned section 112(1A) of the Social Security Administration Act 1992. The High Court (Hickinbottom J) held that:
(i) “prompt notice” would not require a conditional prospective change in circumstances
to be notified to a local authority;
(ii) “failure” to give prompt notice in paragraph (d) required mens rea (i.e. knowledge);
(iii) furthermore, the local authority is required to provide a benefit claimant with relevant
information on how to notify a change of circumstances in clear terms or, as here,
the actus reus will not be made out; and
(iv) the local authority has to prove that the benefit claimant knew that the change in
circumstances would (and not merely could) affect his entitlement to benefit for the
offence to be made out.
Rosemary Nelson Inquiry report published
The report of the Rosemary Nelson Inquiry was published on 23rd May 2011. Nicholas Griffin and Victoria Oakes, who were instructed by Peter Stockwell of Payne Hicks Beach, had represented members of the large team of police who investigated the tragic 1999 murder of Mrs Nelson in Lurgan, Northern Ireland. The Public Inquiry’s terms of reference had required it to consider a number of matters arising from allegations of collusion between the loyalist terrorists who committed the murder and the security forces. The Inquiry was also required to consider “whether the investigation of her death was carried out with due diligence”.
The Inquiry has now concluded that there is no evidence of any act by or within any state agency which directly facilitated Mrs Nelson’s murder but have not excluded the possibility of a rogue member of the RUC or Army in some way assisting the murderers to target Mrs Nelson. The Inquiry has also concluded that there were omissions by state agencies which rendered her more at risk and more vulnerable.
The Inquiry found no evidence of any deliberate attempt by any of the organs of the state corporately to obstruct the investigation of the murder. However, the cooperation of the RUC’s Special Branch was incomplete.
Finally, the Inquiry has concluded that Nicholas and Victoria’s clients did indeed conduct the murder investigation with due diligence. Indeed, it was carried out “to a high standard in very difficult conditions”, was “very thorough” and “exhaustive, energetic and enterprising”.
A new member of Chambers!
5PB would like to welcome Sandip Patel who joined Chambers on 20 May 2011.
Jonathan Caplan QC wins award
Joint Head of Chambers, Jonathan Caplan QC, has been announced as the recipient of one of this year's Finance Monthly Law Awards. These prestigious awards span many different fields and jurisdictions throughout the legal world. He came top in the Corporate Liability (UK) category. Commenting on the award, Andrew Palmer of Finance Monthly, observed that "The 2011 Finance Monthly Law Awards recognise all those firms [and individuals] that have dedicated their resources to innovation, built on their depth of expertise and performed outstandingly over the year." The selection process comprised a poll of thousands of Finance Monthly readers and 5PB would like to congratulate Jonathan on this achievement.
A new member of Chambers!
5PB would like to congratulate Anthony Hucklesby who has recently accepted an invitation to join Chambers on successful completion of his pupillage.
Alex Odell published in Archbold Review
The current issue of Archbold Review (3rd March 2011) features an article written by Alex Odell entitled Drugs Slang: Using an Expert.
Miranda Moore QC instructed in 'mercy killing' cases
Following on from her successful prosecution of Frances Inglis, Miranda Moore QC is now instructed to defend two separate cases raising similar issues. Both await trial at the Old Bailey later this year.
Jonathan Caplan QC represented Mail Online in the first internet contempt case
Jonathan Caplan QC represented Associated Newspapers and the Mail Online in the first internet contempt case under the Contempt of Court Act 1981. The Administrative Court delivered judgement on March 3rd 2011: (see Attorney General -v- Associated Newspapers Ltd and News Group Newspapers Limited).
Commonwealth lawyers conference
Edward Jenkins QC has just attended the Commonwealth Lawyers Conference in Hyderabad, India.
Victoria station murder trial
Anuja Dhir QC and Catherine Rabaiotti are currently representing one of the defendants in this trial at the Central Criminal Court.
Operation Ghast
Anuja Dhir QC represents one of the defendants in this £20 million MTIC fraud.
Boiler Room Fraudsters Sentenced After Successful Prosecution by Anuja Dhir QC, James Norman & James Marsland
Five defendants were sentenced to a total of more than eleven years at Southwark Crown Court for their parts in an extensive boiler room fraud, described as 'outrageous and elaborate' by the trial judge. The case was prosecuted by Anuja Dhir QC, leading James Norman and James Marsland. Convictions were secured against all defendants charged, representing the culmination of an investigation lasting several years by City of London Police. The defendants played various parts in the fraud, from the organiser, Adrian Davison, who was sentenced to a total of seven years imprisonment, to salesmen and money launders. The case has attracted media interest due to the scale and nature of the fraud, which netted almost £500,000, mostly from elderly victims.
The Daily Mail report can be found here
http://www.dailymail.co.uk/news/article-1353249/Robin-Hood-conman-Adrian-Davison-fleeced-elderly-boiler-room-fraud-jailed.html
The BBC report can be found here
http://www.bbc.co.uk/news/uk-england-london-12348213
Court of Appeal issues guidance on coercive contempt sentencing
Ben Douglas-Jones recently represented the Serious Fraud Office before the Court of Appeal in an appeal against an 18-month sentence for breach of a restraint order. He successfully persuaded the court to distinguish between coercive and punative or deterent sentences. Those in the latter category will ordinarily not attract sentences in excess of 15 months in the event of a plea. In this case the Court of Appeal ruled that full discount need not be given when the primary reason for imposing the sentence is to promote compliance with the court's earlier order.
Anuja Dhir QC and Robert Dalling prosecute in three-month banking fraud trial at Southwark Crown Court
Guilty verdicts were returned in January following a three-month banking fraud trial at Southwark Crown Court prosecuted by Anuja Dhir QC and Robert Dalling. Matthew Hinds used his position as a Vice-President at Nomura International Plc to produce false documents, including certificates of deposit with a total face value of over $1bn, which his accomplice, Ganendran Subramaniam, then used in attempts to raise mortgages of approximately £50m on three residential properties in Mayfair and Belgravia, and to persuade several US businesses to pay advance fees of over $10m. They were sentenced to seven and eleven years' imprisonment respectively.
5PB barristers conclude work on GTMO litigation
Three members of 5pb have recently finished working on the case of Al Rawi & Others v The Security Service & Others, which settled in November. This was the Guantánamo Bay litigation in which former detainees at Guantánamo Bay claimed that a number of Government departments and agencies were complicit in their detention, rendition and torture. Nicholas Griffin acted on behalf of the Government departments and agencies, with responsibilities including oversight of the team of 25 junior barristers reviewing the voluminous and sensitive material in that case. Victoria Oakes and Alex Odell were amongst their number.
Judge stays case over investigation failures
Charlene Sumnall recently persuaded a Crown Court judge to stay a serious assault prosecution as an abuse of process. The arguments lasted two days and included the calling of live evidence. The judge ruled that the failure of the police to retain CCTV evidence was seriously prejudicial to the defence and that the prejudice could not be cured within the trial process.
Her Honour Judge Sullivan held that there had been other failures in the police investigation, including improper storage of forensic samples, and concluded that "the cumulative effect of these has led, as the defence contend, to serious fault on behalf of the prosecution."
Charlene was instucted in this case by Lansbury Worthington Solicitors in Hammersmith.
Courts must give reasons when restraining acquitted defendants
Andrew Johnson has succeeded in the first appeal against a post-acquittal restraining order. He persuaded a panel of Court of Appeal judges (Lord Judge CJ, Calvert-Smith and Griffith Williams JJ) that courts must make express findings of fact (on the balance of probabilities) as to why such an order is necessary before making one (R v. Major [2010] EWCA Crim 3016). In this case the order made by the learned Recorder was set aside as a result of his failure to make such findings. This ruling is likely to have a significant impact on a wide variety of cases since section 5A of the Protection from Harassment Act 1997 allows courts to make a restraining order following acquittal for any offence if satisfied that such an order is necessary.
Operation Pagode
In November, Ben Douglas-Jones (instructed by John Allchurch of Davies Parsons Allchurch) appeared for the Defence in the Ghostmaster fraud; Operation Pagode (2010) Southwark Crown Court, in which a multimillion pound cyber fraud was effected by “carding”, phishing and the theft of data through two Zeus botnets.
Merton, LBC v Sinclair Collis Ltd
In November, Edward Jenkins QC and Ben Douglas-Jones appeared for London Borough of Merton in Merton, LBC v Sinclair Collis Ltd [2010] WLR (D) 286; [2010] All ER (D) 68 (Nov) (instructed by Head of Civic and Legal Services, Merton London Borough Council). They successfully argued that, notwithstanding the civil complaint procedure embodied in s 7(2) of the Children and Young Persons Act 1933 (as amended), a sale of tobacco to a person under the age of 18 through a cigarette vending machine was capable of being an offence contrary to s 7(1) of the 1933 Act.
'Operation Compost'
Mark Wyeth QC and Ben Douglas-Jones (instructed by Gary Lesin-Davis of EAD) secured the acquittal of their client, a director of several allegedly fraudulent companies, on all charges in "Operation Compost" following a complex three month trial at Liverpool Crown Court. The investigation commenced in 2006, charges of conspiracy to evade excise duty on diesel fuel and money laundering followed with the case concluding successfully for the Defence in November 2010.
Court of Appeal dismisses Inglis conviction appeal
Miranda Moore QC and Robert O'Sullivan represented the prosecution in the appeal of Frances Inglis, who had been convicted of the 'mercy killing' murder of her severely disabled son. Miranda Moore QC and Robert O'Sullivan prosecuted the trial at the Central Criminal Court and successfully argued that the defence of provocation should not be left to the jury since there was no evidence of a loss of control prior to the killing. The Lord Chief Justice agreed with that proposition and remarked that 'mercy killing' is still murder, notwithstanding the absence of a malevolent motive.
Click here for the BBC News report on the decision.
The full judgment can be found here.