Rachna Gokani

News:

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QEB News: Private Prosecutor secures £38 million in confiscation and compensation against “formidable and serial fraudsman” Ketan Somaia
13.1.2016 More >

QEB News: Crispin Aylett QC and Rachna Gokani comment on the UK’s first DPA
10.12.2015 More >

QEB News: Adrian Darbishire QC and Rachna Gokani comment on the government’s apparent back down on proposals to extend the reach of corporate criminal liability
30.9.2015 More >

QEB News: Former Swift executives acquitted of corruption charges
2.6.2015 More >

QEB News: William Boyce QC and Rachna Gokani feature on Private Prosecutions in Law Society Gazette
15.9.2014 More >

QEB News: Ranked as Leader in Financial Crime by Chambers
28.7.2014 More >

QEB News: Ketan Somaia convicted by a jury at the Central Criminal Court (Old Bailey) in largest ever private prosecution brought by an individual in the UK. William Boyce QC and Rachna Gokani were instructed on behalf of the prosecution by Peters & Peters.
16.6.2014 More >

QEB News: R v Shah
12.7.2013 More >

QEB News: Deferred Prosecution Agreements - Draft Legislation Tabled
30.10.2012 More >

QEB News: R v Semsarilar
29.3.2012 More >

Rachna Gokani: Notable case

R v PD & EB (2012)

After 4 1/2 years, proceedings in the prosecution of PD and EB for Iraqi sanctions busting finally ended on 24th February 2012, when the prosecution offered no evidence as a result of serious failing in the disclosure process.

The investigation was started in 2007, when PD and EB received a 'compliance visit' from HMRC. At that visit, HMRC officers seized business records which revealed that, through their company, PD and EB has been supplying weapons and other material, valued in excess of $20m, to post-invasion Iraq without licences. In 2008 they were visited again by officers armed with search warrants, and in 2010 were charged with a series of strict liability offences contrary to the United Nations (Iraq) Sanctions Order 2003, as well as money laundering.

On the facts the defendants were guilty of the strict liability offences. The defence challenged the validity of the sanctions order itself. Two points were litigated in the Crown Court and in the Court of Appeal, where both were resolved in favour of the defendants (reported at R v D [2012] 1 A11 E.R. 1108). One of the grounds upon which the Sanctions Order was held to be invalid was its inconsistency with the UN SCR which followed the resolution originally implemented in domestic law by the Sanctions Order.

Thereafter the prosecution sought to replace the invalid strict liability counts with offences of evading a prohibition on trade in goods, under the 2003 Trade in Goods Control Order. The defence opposed the application to add those counts.

The final hearing began with an abuse argument, which rested upon failings in disclosure dating back to the first 'compliance visit' in 2007. After three weeks of argument the prosecution accepted defeat and offered no evidence, a step which HHJ Leonard QC noted merely achieved the result which would inevitably have followed his ruling on the application had he been called up to make one. At the conclusion of the proceedings HHJ Leonard QC expressed deep concerns about various aspects of the investigation and disclosure process exposed during the abuse application.

PD was represented in the Crown Court by William Boyce QC and Adrian Darbishire QC. EB was represented by Rachna Gokani and Simon Russell Flint QC. Andrew Katzen of  Hickman & Rose acted for PD, Shula de Jersey of Russell Jones & Walker for EB. In the Court of Appeal PD was represented by Adrian Darbishire QC, and EB by Tim Owen QC and Rachna Gokani.

Notable cases:

R v V (2015)
Former Swift executives acquitted of corruption charges

R v Sheikh (Tito) (2014)
Roger Smart and Rachna Gokani were instructed for the prosecution in the case of R v Tito Ibn Sheikh.

R -v- Somaia (Ketan) (2014)
Successful private prosecution, Ketan Somaia was convicted by a jury of 9 counts of obtaining a money transfer by deception.

R v Shah (2013)
Eddy Shah acquitted

R v Semsarilar (2012)
Successful defence of client charged with 'Sanctions Busting'

R v PD & EB (2012)
Major sanctions busting case collapses

Iraqi Sanction-Busting Offence Invalid (2011)
Offence invalid

R v F (2011)
Successful representation of former detective charged with perverting the course of justice

R v Crosdale
Successful section 23 POCA

R v Virdee
Acquittal

Articles:

The LexisPSL Corporate Crime Interview – New tool to tackle corporate wrongdoing – life after the first DPA
Reproduced with kind permission of Lexis Nexis 7.12.2015
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Adrian Darbishire QC and Rachna Gokani comment on the government’s apparent back down on proposals to extend the reach of corporate criminal liability
30.9.2015
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William Boyce QC and Rachna Gokani feature on Private Prosecutions in Law Society Gazette
28.11.2014
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Deferred Prosecution Agreements - Draft Legislation Tabled
Deferred Prosecution Agreements - Draft Legislation Tabled - 30.10.12 Earlier this week, the Government tabled legislation t 30.10.2012
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Adequate Procedures Handout - Bribery Act 2010
Sean Larkin QC and Rachna Gokani provide further guidance in relation to the Bribery Act 29.9.2010
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Blackstones Guide to the Bribery Act - Rachna Gokani - Contributing Author
QEB Hollis Whiteman Chambers are delighted to announce that the long awaited Blackstones Guide to the Bribery Act has been re 23.9.2010

The Bribery Bill 2010 - An Overview
This article provides an overview of the Government’s recent strategy to fight bribery and corruption, particularly ove 28.1.2010
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