CIVIL FRAUD – examples of cases

H v B & others
Acting for 3 investors allegedly defrauded of US$ 35 million in their claims against one of the world’s biggest banks in the High Court of Justice, Queen’s Bench Division, Commercial Court, reported as one of ‘the trials of 2007’.

S v H & Ors
Acting for an alleged de facto director in the High Court of Justice, Chancery Division, in the defence of a claim brought by the liquidators of S (Grant Thornton); these claims involved allegations of diverting in excess of £30 million tax by utilising 1000 personal service companies. The litigation was compromised on confidential terms.

Revenue & Customs Prosecution Office v B
Representing a director of two companies charged with a substantial VAT fraud involving land sales. The criminal proceedings continue in the Crown Court at Reading. Restraint proceedings (Involving Proceeds of Crime Act 2002 and the Criminal Justice Act 1988) having been challenged on his behalf in the High Court of Justice, Queen’s Bench Division, Administrative Court.

D v B
Representing D, a Saudi based financial services company against a US aerospace manufacturer in relation to a transaction involving a purchase of a private jet and claims of bribery. We secured a seven figure out of court settlement in February 2007.

D v J
Instructed in relation to a commercial property dispute where it is alleged that J defrauded our client out of £4m in relation to a Mayfair property development.

Assets Recovery Agency v C
Following the securing of his acquittal of an alleged £35 million VAT conspiracy; compromising civil confiscation proceedings in the High Court of Justice, Queen’s Bench Division, Administrative Court, which enabled our client to acquire three properties by utilising the conviction of a co-accused under the Proceeds of Crime Act 2002.

S v R
Acting in the High Court of Justice, Chancery Division, on behalf of a $350 million bankrupt; the case involved the appeal by his Trustees in Bankruptcy to suspend his automatic discharge from bankruptcy.

Assets Recovery Agency –v- S
Defending a solicitor in one of the biggest civil claims being conducted by ARA. The litigation was reported in a National newspaper and described by the Director of the Assets Recovery Agency at the time as ‘trench warfare’. ARA had brought proceedings for the recovery of a £19 million property portfolio pursuant to its civil recovery powers under the Proceeds of Crime Act 2002.

S v R
In Queen’s Bench Division of the High Court successfully resisting multi-million dollar claim by a New York bank in relation to a guarantee.

DTI v D
Secured leave to continue to act as a director in the Companies Court for director disqualified pursuant to the Directors Disqualification Act 1986.

S v B
Acted against liquidator and trustee in bankruptcy to secure substantial settlement in Chancery Division of High Court. Case involved alleged breaches of a Mareva injunction, the efficacy of a solicitor’s lien and a creditor’s right of set-off under the Insolvency Act 1986.

CRIMINAL FRAUD – examples of cases

RCPO v H
We represent the former manager at S Ltd who is charged with Conspiracy to Cheat the Revenue generating an estimated loss of approximately £30 million in unpaid corporation and/or income tax. The case concerns the creation of 1000 personal service companies and the alleged non-declaration of income received from those companies by way of commission. The investigation has led directly to a change in the tax regulations. The subsequent prosecution is being seen as something of a test case.

RCPO v B
This client faces trial on an indictment containing seven counts of being knowingly concerned in the fraudulent evasion of VAT in relation to substantial land transactions. The case requires detailed forensic analysis of accountancy records.

SFO v L & another
We act for the marketing manager of an Independent Financial Advisor who is being prosecuted by the Serious Fraud Office. This case involves an alleged fraud on life insurance companies. The case calls into question the effectiveness of the FSA and other regulatory organisations.

R v S
We act for the defendant in substantial confiscation proceedings arising out of a significant fraud against a major pension fund. This case was prosecuted by the Serious Fraud Office, who conducted the investigation together with the West Midlands Police Economic Crime Unit.

Dept of Work & Pensions v N
We act for the Financial Director of an NHS Trust accused of forgery and theft in relation to the preparation of annual accounts and resulting in artificially inflated revenue surplus. The case has involved an analysis of the internal and external accounting procedures applied to NHS Trusts. It calls into question the imposition of unrealistic financial targets by trust management to achieve artificially inflated surpluses.

R v R & others
We continue to represent the former CEO of RBG Resources plc a metal trading company being prosecuted by the SFO for an alleged one billion dollar fraud on lending institutions in Europe and the USA by fabrication of trades to obtain receivables finance. The prosecution have called senior accountants, liquidators and merchant bankers in support of their case. We have instructed forensic accountants to carry out an in depth analysis of the expert evidence adduced by the SFO.

M
We have been engaged by a leading commercial law firm to represent lawyers interviewed by the SFO under their s.2 powers in connection with the investigation into a high profile bioscience company. The investigation involves the misappropriation of funds and raised important issues of legal professional privilege.

R v C
Defended alleged main organiser of a £35 million duty evasion conspiracy who had been extradited for trial. Our client being the only defendant to be acquitted out of 14 prosecuted.

R v S
Defended the ring-leader of a major conspiracy to defraud the UK Post Office with estimated loss of £20 million.

R v W & W
Defended brothers concerned in a major internet scam which affected 17,000 customers across the UK.

R v H
Defended extradited defendant in a notorious Spanish £50 million timeshare fraud.