Trading Standards: Notable case

R v Ghulaman & Sadiqi (2009)

Paul Raudnitz was instructed as leading counsel for the Crown with Tom Broomfield as led junior in one of the largest “car clocking” fraud conspiracy prosecutions ever to be brought.

The case was investigated by Brent and Harrow Trading Standards and involved 320 cars with a total value of £1.5m and an illegal profit estimated at £250,000.

For full details please see the full press release - http://www.brent.gov.uk/pressreleases.nsf/News/LBB-1143
PRESS RELEASE
Trading Standards gets UK's biggest car clockers 27 months each
11/12/2009
Two rogue car dealers were jailed for 27 months each at Isleworth Crown Court today (Friday 11 December 2009) after pleading guilty to conspiracy to defraud in the UK's largest car clocking case.
The case brought by Brent and Harrow Trading Standards involved 320 cars with a total value of £1.5m and a known illegal profit estimated at £250,000. The cars were advertised across the UK with known victims of the fraud from across the south east of England.
The two men, Emat Ghulamhan, aged 26, of Lime Lodge, Forest Road, Sunbury-on-Thames, Middlesex, and Noor Ahmed Sadiqi, aged 42, of Stuart Road, Richmond, sold the cars via an Auto Trader dealership site under the name Emat and Son Cars, of Merrick Road, Southall, London, or from a dealership at the same address.
The two were arrested after a complaint to Brent and Harrow Trading Standards in May 2008 from a Harrow women who bought a supposed 51000 miles VW Polo for £2750 in part exchange for her 98000 miles car of the same make and model.
But the previous owner she called soon after told her the car had done at least 97000 miles. Three weeks later she saw her old car for sale on the Emat dealership site with a mileage of 64100.
Trading Standards officers started monitoring the site and found 23 more clocked cars that had been sold by the dealership. Many of these vehicles had been bought from motor auctions only to appear soon after with reduced mileages.
The officers made undercover purchases of cars from the Southall premises and on 24 and 26 March 2009 warrants were executed and computer equipment, mobile phones, documentation and 26 suspected clocked cars seized.
Further extensive investigations by Trading Standards revealed a total of 320 clocked cars had been sold or offered for sale by the defendants.
Sentencing the pair, Judge Johnson said both men had been equally culpable in a well planned and highly skilled conspiracy to defraud but that because of their guilty plea their sentences would be discounted by 25 per cent.
After the case Trading Standards Director Bill Bilon said: "Car clocking hits the victim twice; first because they pay substantially more than they should and secondly because more wear and tear on the car often means more costly servicing and maintenance. You should try and get a second-hand vehicle independently assessed or at least ask for a full service history."

Notable cases:

R v Vickerman (Anton) (2012)
Private Prosecution (on behalf of Federation Against Copyright Theft) of the most popular pirate film indexing site in the wo
David Groome | Ari Alibhai

Daanish Mulla (2011)
Brent & Harrow Trading Standards
Fraser Coxhill

R v Bell (2011)
Fraudulent Trading
Tom Broomfield

R v Peacock (2010)
Illegal activity arising from car clamping business
Tom Broomfield

R v South (2010)
Benefit Fraud

R v Swales (2010)
Successfull prosecution
Tom Broomfield

R v Khassal & Others (2010)
Unauthorised use of Trade Mark

R v Ghulaman & Sadiqi (2009)
Trading Standards' biggest ever “car clocking” fraud conspiracy.
Paul Raudnitz | Tom Broomfield

R v Sood (2009)
Unauthorised use of Trade Mark

R v Wendy Fairs Markets Ltd
Test case prosecution of market fair organiser
David Groome | Ari Alibhai

Articles:

TS Today - August 2013. The Enterprise Act 2002
Polly Dyer has completed an article for August's addition of Trading Standards Today, in relation to The Enterprise Act 2002. 29.7.2013
Download (PDF) >

Trading Standards: Wheel Clamping - Regulation and the Criminal Law
WHEEL CLAMPING: REGULATION AND THE CRIMINAL LAW 19.4.2010
Download (PDF) >

Seminars:

Trading Standards Law and Practice Seminar - Wednesday 8th February 2012 -

On Wednesday 8th February 2012,
members of the QEB Hollis Whiteman Trading Standards team will be hosting a seminar to selected Trading Standards lawyers and investigating officers. For further details regarding this seminar, please email; training@qebhw.co.uk

Trading Standards Law and Practice Seminar - Wednesday 21st March 2012 -

On Wednesday 21st March 2012,
members of the QEB Hollis Whiteman Trading Standards team will be hosting a seminar to selected Trading Standards lawyers and investigating officers. For further details regarding this seminar, please email; training@qebhw.co.uk

Chambers Trading Standards Practice Group are pleased to offer in-house training on various subjects relating to Trading Standards. For further information with regards to in-house training please contact Chris Emmings in the first instance via email chris.emmings@qebhw.co.uk  or call him directly - 0207 933 8870.

For more information on crime-related matters, please contact the clerks on 020 7933 8855 or barristers@qebhw.co.uk