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Significant cases


We are currently instructed in a number of complex investigations including:

 

Serious Fraud Office Investigations

2005 - We represented the financial controller of a leading legal publishing company investigated for alleged offences of conspiracy to defraud creditors and the wrongful retention of credit under the Theft Act.  The SFO concluded their investigation this year with no action being taken against our client or the company.

2005 - British Aerospace.  This is a highly publicised investigation into alleged corruption relating to defence contracts where we are advising a connected individual.  The investigation has political ramifications as it touches on the award of significant multi-national arms deals.

2004 to date- NHS drugs price fixing investigation and ongoing prosecution. We are representing a party in one of the SFO's largest prosecutions. The investigation started in 2004 and charges were brought in 2006.  The investigation and ongoing prosecution have attracted substantial media interest.  The allegation is that the NHS has been defrauded of in excess of £100 million in respect of collusion as to the price of a number of widely used drugs.  The allegations are denied.

2003 - Maruszack & others.   We successfully applied for our client to be discharged from all counts at the close of the prosecution's case that involved allegations of a substantial conspiracy and money laundering. The backdrop to the case touched upon the UN's oil for food programme in Iraq, and we were able to address significant issues arising from investigations in several jurisdictions.

2003 - Anglo American Ventures. This case concerned the prosecution of directors in a venture capital company.  The allegation was that the company fraudulently took advance fees to investigate and arrange venture capital investments on an international basis.  We successfully negotiated a plea to lesser offences for our client who received a non-custodial sentence.  The main defendants all received sentences of imprisonment.

2002 - Free Dot Net. The SFO's first internet related prosecution, involving a substantial conspiracy to defraud investors. Our client suffered from a chronic medical condition and, although the SFO opposed the application, we obtained a ruling from the Court that she should not be made to stand trial. Our lawyer who gave evidence on behalf of the client was described by the Judge as "plainly a solicitor of experience, common sense and obvious integrity".

1999 - Butte mining. The prosecution of directors responsible for floating a company on the UK Stock Exchange.  The floatation related to a gold mine in Montana, USA, and it was alleged that the prospectus made false claims as to the existence of gold and the viability of profitably extracting it from the mine.  Our client was acquitted of the main charge of conspiracy to defraud.  This was the largest case in terms of volume of papers ever prosecuted by the SFO at that time.

1995 - Maxwell. The noted prosecution resulting from the collapse of Robert Maxwell's business empire. Liquidators were initially instructed to recover Group assets and the SFO then instituted criminal proceedings. During the complex and high profile 12 month trial evidence relied upon by the prosecution was subjected to rigorous analysis and cross examination following which our client was acquitted of involvement in any crime.

FSA Investigations

2005 - Royal Bank of Canada.   We represented a former bank employee in relation to an investigation into the circumstances surrounding a large foreign exchange deal.  We advised the client as to interview tactics, which were successful in persuading the FSA not to institute proceedings.

2005. We represented a director alleged to have participated in a  'boilerhouse' fraud operated from overseas. The investigation was conducted firstly by the FSA and proceedings were brought thereafter by the SFO. We undertook careful analysis of the jurisdictional issues and put forward technically complex arguments that led to the client being fined in circumstances where a custodial sentence could normally have been expected.

2004 - Citigroup. We are advising a senior bank employee in connection with a much publicised pan -European bond trade that secured a profit of L18million in a single day. The trade was investigated by the FSA who took no action against the client. Investigations have also been commenced in a number of other EU states and criminal and regulatory proceedings in Germany have already been successfully resisted

2004 - Bracken. This was the second market abuse enforcement action brought using the new powers under the Financial Services and Markets Act 2000. It related to allegations of insider dealing in shares at a recruitment agency.

2002 - Credit Suisse. We represented the former Chief Executive Officer of Credit Suisse First Boston International who was investigated in relation to compliance concerns and specifically relating to a tax audit in 1996 and 1997.  We were successful in persuading the FSA to accept that its most serious allegation, a breach of the former principle 1, was unfounded and that our client was not guilty of any dishonesty or lack of integrity. The FSA also accepted that had he had knowledge of any impropriety he would have taken steps to remedy the position.

1995 - Barings. Following the collapse of Barings Bank we represented a bank director in the regulatory investigation which was conducted by the Securities and Futures Association whose function is now fulfilled by the FSA. 

Health and Safety Investigations

2005 - Dstl. We advised a number of employees in an extensive investigation by the specialist Explosives Section of the Health and Safety Executive arising out of a fatality connected to the manufacture of improvised explosives.

2005 - Hatfield derailment. We represented the former Regional Director of Balfour Beatty Rail Maintenance Limited charged with manslaughter and health and safety offences. The prosecution had also sought to make him the "embodiment" of the company for corporate manslaughter purposes, but we successfully argued against this in pre-trial argument. At the close of the prosecution case we also succeeded in our submission that there was no case to answer on the gross negligence manslaughter charge. The jury then acquitted our client of the remaining health and safety offence. Our client had always expressed his sympathy for those killed and injured in the tragedy but had equally always maintained his innocence.

2005 - Port Talbot explosion. Members of the criminal department represented families of the deceased and significant witnesses during the Inquest into the fatal blast at the Corus Steelworks in Port Talbot. In November 2001 water leaked into blast furnace number five, causing a massive explosion. Three workers in the immediate area died as a result of the blast and many more suffered extensive injuries. We also advised significant witnesses during the course of the Police/HSE investigation.

Revenue and Customs Investigations

2005 - Operation Devout. We currently represent a company director being prosecuted for alleged money laundering. He is one of 24 defendants accused of VAT evasion and money laundering to a value of some £24 million.

2005 - Operation Divert. We are also acting for a client charged with a £185 million VAT fraud. The case is listed for trial before Liverpool Crown Court in September 2006.  The allegations again centre on an MTIC mobile phone fraud operating between the UK and Europe.

2005 - Operation Campaign. Following a protracted investigation, our client was charged with 4 others of defrauding HM Customs & Excise of £44 million and money laundering in the same amount.  The allegations centred around the cloning of legitimate UK companies and had an international dimension involving Dubai, Hong Kong and Spain. Following a 4 month trial, our client was the only defendant to be acquitted.

2004 - Operation Dowell.  This is linked to one of HM Customs largest Missing Trader Intra-Community  (MTIC) fraud prosecutions that involved a loss of revenue put at over £300 million. This resulted from an allegedly bogus trade in mobile phones.  The trial will take place in 2006 at Birmingham Crown Court.

2003 - Operation Devolve. Our client was a bank director alleged to have been part of a large and complex VAT evasion. It was alleged that he provided banking facilities that allowed the smooth operation of the fraud. It was claimed he had failed properly to perform due diligence enquiries and knew or ought to have known that the companies were operating at a loss unless VAT was withheld.  In the course of preparing his defence we investigated various linked Customs operations that led to a lengthy disclosure application. During that application the Prosecution stayed proceedings, and we believe this stay related to our disclosure enquiries.

2003 - Operation Uproar. We were instructed in confiscation proceedings that flowed from our client's earlier guilty plea in a major anti-money laundering investigation that targeted London bureaux de change. The proceedings involved complex overseas enquiries and we were able to secure a reduction of over £1/2 million on the sum claimed by Customs.

Fraud Squad investigations

2005 - Lelliot  & others. We represented a client charged with corruption in that he was alleged to have bribed the Head of Technical Services at Bournemouth Borough Council in relation to the award of multi-million pound road building contracts.  Our client was acquitted following 2 separate trials.

2004 - We successfully secured the dismissal of proceedings as an abuse of process laid against two accountants alleged to have committed a multi-million pound mortgage and pensions fraud. The Metropolitan Police Money Laundering Investigation Team had brought the proceedings following a lengthy investigation.

2004  - E& I International. We secured the acquittal from all charges after trial of our client who was alleged to have participated in a multi-million pound high yield investment fraud based in Florida. We were able to undermine the prosecution evidence, in particular the credibility of its witnesses, and the jury accepted that our client was a victim rather than the perpetrator of a fraud.

2001 - Following extensive and robustly advanced pre-trial preparation the Metropolitan Police Fraud Squad dropped all charges against Lennox Lewis's former promoter.  It had been alleged that false redundancy claims had been submitted by an insolvency practice over a number of years but as a result of extensive disclosure requests the prosecution conceded that the evidence did not support the allegation.

See also