Business Crime: Asset Forfeiture and Restraint

“QEB Hollis Whiteman houses ‘a huge number of very talented and bright barristers’ with considerable expertise in prosecuting and defending high-profile criminal cases…Within ‘Fraud: crime (including money laundering and asset forfeiture),’ QEB Hollis Whiteman is a first tier set. QEB Hollis Whiteman is particularly well regarded for SFO work, and has ‘high-class performers.’ Legal 500, 2013


QEB Hollis Whiteman is at the cutting edge of legal developments in the detection and prosecution of serious fraud, and in the regulation of financial services. This combination of expertise gives the set unmatched strength in the area of asset forfeiture.

This team of barristers has significant experience in defending proceedings for worldwide freezing orders, restraint of funds, confiscation and asset forfeiture. In recent years, they have acted in connection with the following:

•    Developing the law on the confiscation of the proceeds of crime in the Court of Appeal and Supreme Court. Chambers has played an integral part in the developing principle of proportionality in the application of the Proceeds of Crime Act (R v Harvey 2013, Court of Appeal, Supreme Court 2014 - William Boyce QC)

•    Challenging civil cash forfeiture proceedings on behalf of a Chinese businessman whose international enterprise was shut down through the combined action of the Serious and Organised Crime Agency and the Metropolitan Police (Re D 2014 - Ben FitzGerald)

•    Advising a high net worth individual in relation to the seizure of works of art during international transit (Re X 2014 - Selva Ramasamy)

•    Multi-million pound confiscation proceedings arising from the prosecution of international MTIC fraud (Operation Vaulter 2013 - Sean Larkin QC and Ben FitzGerald)

•    Advising in restraint proceedings resulting from a request from the Anti-Mafia Directorate of the Public Prosecutor’s Office in Rome (R v Dines 2012 - Selva Ramasamy)

•    Confiscation following money laundering of £40m through bureaux de change (R v Amir - Linda Strudwick)

•    Determining the scale of reasonable living costs for the family of a defendant subject to a restraint order (R v Waldron - Robin Sellers)

Asset forfeiture proceedings can arise:

•    Before, during and after prosecution of allegations of general crime
•    In relation to serious fraud cases
•    In relation to financial services regulation
•    As a result of action in the High Court, initiated by the Home Office, following a              request for assistance made by a foreign state

Chambers is fully aware of both the complexity and the sensitivity of this type of litigation and is proud to offer a thoroughly professional, yet sympathetic service.

Notable cases:

Operation Tabernula (Ongoing) (2013)
FCA's largest insider dealings case
Sean Larkin QC

R v Tony Morris (2012)
Former CEO of The Money Portal has been cleared of defrauding £52m pension funds
Sean Larkin QC | Edward Henry

R v Oyewor (2012)
Money transfer company agent committed multi-million, multi-currency international money laundering.
Lucy Kennedy

The Queen (Rawlinson and Hunter Trustees) & others v CCC & SFO (2012)
Judicial Review for the SFO by the Tchenguiz brothers
Mark Ellison QC

R v Uzoma-Ubani & Others (2012)
Successful prosecution of a multi-million pound fraud
Peter Finnigan QC | Benn Maguire

SFO v Pearson (2011)
Largest market fraud so far on the Alternative Investment Market
Mark Ellison QC | Selva Ramasamy

Operation Eaglewood (2010)
Money laundering and drug trafficking. Prosecuting the largest case currently brought by the Crown Prosecution Service.
William Boyce QC | Roger Smart | Philip Evans | Lucy Kennedy | Philip Stott

R v Bouhafna & others (2009)
Money Laundering
Fraser Coxhill

R v Sakavickas & Reichwald (2008)
Landmark money-laundering case
David Jeremy QC | Rebecca Harris

R v Matsumoto (2002)
Money laundering & cocaine importation
Edward Henry

Articles:

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

Fighting Bribery; New UK Legislation Explained - Sean Larkin QC
Fighting Bribery; New UK Legislation Explained - Sean Larkin QC in conjunction with Commercial Crime International. 1.4.2010
Download (PDF) >

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