Practice Profile

A specialist in all aspects of the law relating to the proceeds of crime and asset recovery, with significant experience at both first instance and appellate level of proceedings under the Drug Trafficking Offences Act 1986, the Criminal Justice Act 1988, the Drug Trafficking Act 1994 and the Proceeds of Crime Act 2002. Has appeared in a number of the leading cases in the field. Was a contributing author to the first edition of Asset Recovery: Criminal Confiscation and Civil Recovery, published by Lexis-Nexis. An editor of the second edition (now Smith Owen and Bodnar on Asset Recovery, published by OUP. Lectures on asset recovery both here and abroad.

Experience of a broad range of crime, from road traffic offences to murder, but now specialises in corporate and financial crime, with a particular emphasis on fraud, money laundering, corruption and corporate criminal liability.

Currently assisting the defence in the largest money laundering prosecution ever brought in Jersey.

Increasingly practices in related civil proceedings, in particular civil fraud, insolvency, debt recovery and asset tracing, together with applications for injunctive relief in support of such proceedings for freezing and search orders. Has been involved in substantial litigation in the Commercial Court, including proceedings with an international aspect, and a number of civil recovery proceedings brought by the Assets Recovery Agency.

Has appeared for both applicant and respondent in judicial reviews considering human rights, in particular prisoners’ rights and the rights of patients detained under the Mental Health Act.

Has appeared, and been reported, in the House of Lords, the Privy Council, both divisions of the Court of Appeal, and the Administrative Court, where he has made numerous appearances, as well as the High Court (Queen’s Bench and Chancery). Also has substantial experience of proceedings in the Crown and Magistrates’ Courts, and has appeared in the Coroner’s Court.

Recommended by Chambers and Partners (2007) in fraud (criminal).

Cases

R v Michel and Gallichan (Royal Court of Jersey, ongoing). (Largest money laundering prosecution in Jersey history, advisory; including three hearings before Jersey Court of Appeal and one before the Privy Council)

Amadeo Hotels Ltd Partnership and Others v Zaman and Others [2007] EWHC 295 (Comm). (Mareva proceedings in support of substantive litigation in the United States, part of the litigation concerning Prince Jefri Bolkiah)

R (Director of Revenue and Customs Prosecution Office) v Criminal Cases Review Commission and Others [2006] EWHC 3064 (Admin). (Whether the CCRC is bound to follow the Court of Appeal practice in change of law cases, particularly references of convictions in money laundering cases post-Saik)

R v Hashash [2006] EWCA Crim 2518. (The measure of benefit for confiscation purposes in VAT evasion cases post-Bondhouse)

R v Suchedina and Others [2006] EWCA Crim 2543. (Elements of actus reus of conspiracy to commit money laundering offences post-Saik)

McKinsley v Crown Prosecution Service [2006] EWCA Civ 1092, [2006] 1 WLR 3420, Times 22nd August 2006, Independent 12th October 2006. (Certificate of inadequacy, hidden assets, whether permissible for defendant to seek to show an error by the Crown Court on basis different to that presented to the Crown Court)

E v Revenue and Customs Prosecution Office [2006] EWHC 2154 (Admin). (Whether a defendant is entitled to a certificate of inadequacy notwithstanding that he has chosen to spend his assets on items other than the confiscation order)

Re Purseglove [2006] EWHC 1762 (Admin). (Constructive trust and measure of beneficial interest in real property for the purposes of confiscation enforcement)

R v Carter and Others [2006] EWCA Crim 416. (Basis of prosecution for money laundering, measure of “pecuniary advantage” in confiscation)

Director of the Assets Recovery Agency v Green and Others [2005] EWHC 3168 (Admin), Times 27th February 2006. (Matters needed to be set out to sustain a claim for civil recovery under Part 5 of the Proceeds of Crime Act)

R(on the application of Leigh) v Uxbridge Magistrates’ Court [2005] EWHC 1828 (Admin). (Procedural requirements in civil cash forfeiture proceedings before the Magistrates’ Court)

Symes v Phillips and Others [2005] EWCA Civ 533, [2005] 1 WLR 2986, Independent 13th May 2005. (Various issues concerning sentencing for contempt of court in the context of substantial Chancery action, Article 6)

Re K and Others [2005] EWCA Crim 619,, (2006) BCC 362, Times 15th March 2005. (Principles to be applied in the making of management receivership orders under the Proceeds of Crime Act, piercing the corporate veil)

Re Saggar [2005] EWCA Civ 174, [2005] 1 WLR 2964, Times 14th March 2005. (Applicability of Article 6.1 to applications to revisit confiscation orders under the Drug Trafficking Act)

R v May and Others [2005] EWCA Crim 97, [2005] 1 WLR 2902, [2005] 3 All ER 523, [2005] 2 Cr. App. R. (S.) 67, Times 15th February 2005. (Various issues on confiscation under the Criminal Justice Act, apportionment, judicial indications)

R v Metcalfe and Metcalfe [2004] EWCA Crim 3253, [2005] 2 Cr. App. R. (S.) 50, Times 12th January 2005. (Inter-relationship between Drug Trafficking Act and Criminal Justice Act, property obtained “in connection with drug trafficking”)

R v Moulden [2004] EWCA Crim 2715, [2005] 1 Cr. App. R. (S.) 121. (Measure of benefit from drug trafficking - equity in real property acquired in part with proceeds of drug trafficking)

R v Glynn Edwards [2004] EWCA Crim 2923, [2005] 2 Cr. App. R. (S.) 29. (Measure of benefit in excise duty evasion for confiscation purposes)

Attorney-General’s Reference (No. 4 0f 2003)(Suchedina) [2004] EWCA Crim 1944, [2005] 1 WLR 1574, [2005] 1 Cr. App. R. 16, [2005] 1 Cr. App. R. (S.) 407, Times 9th September 2004. (Inter-relationship between the Drug Trafficking Act and Criminal Justice Act in confiscation in money laundering cases)

R(on the application of Armstrong) v Wood Green Crown Court [2004] EWHC 420 (Admin). (Extension of custody time limits, burden of proof)

Berry Trade and Others v Moussavi and Others [2002] EWCA Civ 477, [2002] 1 WLR 1910, Times 10th April 2002, Independent 23rd April 2002 (Right to representation and to seek legal aid in proceedings for contempt of court – Article 6)

Attorney-General’s Reference No. 51 of 2001 (Mohammed Chaudhry) [2001] EWCA Crim 1635, [2002] 1 Cr. App. R. (S.) 334. (Unduly lenient sentence for rape)

Cummings v Secretary of State for the Home Department [2001] EWCA Civ 45, [2001] 1 WLR 822, (2001) 145 SJLB 27, Times 27th February 2001, Independent 5th March 2001. (Recall of mandatory life sentence prisoners)

R v Docklands Estates Ltd [2001] 1 Cr. App. R. (S.) 270, [2001] 1 Cr. App. R. (S.) 78, (2000) 164 JP 505, [2000] 3 EGLR 17, (2000) EG 175, (2000) 164 JPN 276, Times 22nd September 2000, Independent 2nd October 2000. (Sentencing in commercial crime – fly-boarding)

B(a minor) v Director of Public Prosecutions [2000] 2 AC 428, [2000] 2 WLR 452, [2000] 1 All ER 833, [2000] 2 Cr. App. R. 65, [2000] Crim LR 403, (2000) 97(11) 36, (2000) SJLB 108 Times 25th February 2000, Independent 10th April 2000. (Honest but mistaken belief as to fact in strict liability offences)

R v Uxbridge Magistrates’ Court, ex parte Patel, R v City of London Magistrates’ Court, ex parte Cropper (2000) 164 JP 209, [2000] Crim LR 383, [2000] COD 104, (2000) 97(1) LSG 22, (2000) 144 SJLB 27, Times 7th December 1999. (Commencement provisions of the CPIA – applicability to multi-count cases)

R v Commissioners of Inland Revenue and Another, ex parte Tamosius & Partners (a firm) [2000] 1 WLR 453, [1999] STC 1077, [1999] BTC 404, (1999) 96(45) LSG 34, (1999) 143 SJLB 279, [2000] Crim LR 390, Times 10th November 1999, Independent 12th November 1999. (Judicial review of grant and execution of search warrant, legal professional privilege)

Stafford and Carter v Trinidad and Tobago [1999] 1 WLR 2026 (Note). (Death row appeal to the Privy Council, consequences of erroneous application of murder/felony rule, joint enterprise in murder)

R v Central Criminal Court, ex parte Johnson [1999] 2 Cr. App. R. 51, Independent 25th January 1999. (Extension of custody time limits – relevance of delay by external agencies providing services to the Crown)

Publications

Smith Owen and Bodnar on Asset Recovery (2007), published by OUP (editor)

Presented a talk entitled The clash between civil recovery for the victim and criminal confiscation for the state at the Fraud Lawyers Conference, hosted by C5, 27th-28th September 2006, London

Presented a seminar entitled Life, Litigation and Laundry at the Law Society, London, 2005, hosted by chambers

Judicial Review of the Crown Court (2000) JR 5(3) 193-197