Ben FitzGerald KC

Overview

Ben represents professional and corporate clients facing high-profile allegations of corporate and financial crime including: rate manipulation; all types of fraud including tax fraud; tax evasion; bribery and corruption; money laundering; and corporate health and safety breaches. He is instructed by City firms who demand impeccable tactical planning and precise advocacy. He is instructed in some of the SFO’s most significant prosecutions and investigations. He is ranked by Chambers & Partners as a leading New Silk in Financial Crime, Financial Crime (Corporates) and Financial Crime (High Net Worth Individuals), having been ranked in Band 1 in each area as a junior.

Experience 

Ben represented Barclays in its dismissal of fraud charges arising from the bank's capital raising from Qatar during the financial crisis and its successful resistance to the SFO’s application for a voluntary bill of indictment in 2018. He was subsequently part of the team which secured the acquittal of Barclays’ ex-Chief Executive, John Varley, on the same charges at trial and before the Court of Appeal in 2019. 

Ben represented a major UK bank in the SFO’s investigation into alleged LIBOR manipulation and fraud, culminating successfully in the termination of the investigation without charge in 2019. He also acted for a senior banker who remained uncharged in connection with the SFO's EURIBOR investigation.

Ben subsequently acted for Airbus in securing the UK’s largest ever Deferred Prosecution Agreement as part of a co-ordinated global settlement with authorities in the UK, France and the US in 2020.

In 2021, he acted for GPT Special Project Management Limited in the SFO's prosecution of the company for historic corruption in the Kingdom of Saudi Arabia, achieving a favourable financial penalty based on the company's cooperation and following successful negotiation on the scope of corporate liability. 

He was instructed in 2021-22 on behalf of 14 individual suspects in the SFO’s investigation into bribery and corruption by Amec Foster Wheeler Energy Limited, successfully preserving their anonymity in the published materials arising from the Deferred Prosecution Agreement between the SFO and the company.

In the same period, Ben secured the deletion of an INTERPOL Red Notice issued in respect of a dissident Russian banker accused of financial wrongdoing in Russia and the Czech Republic. Representing an Ultra High Net Worth UK entrepreneur, he also secured the resolution of criminal money laundering allegations by means of a confidential civil settlement.

Ben currently acts for a senior manager within the oil industry in the DoJ and SFO’s investigations into bribery and money laundering concerning commodity trading company Glencore. 

In Silk, Ben represented Vahid Alaghband in the SFO’s prosecution relating to Balli Steel, securing a nolle prosequi for his client. He currently acts for a solicitor facing trial for fraud by false representation, in relation to an alleged multi-million pound investment fraud.

Ben has extensive experience of private prosecutions. He successfully defended the UK's largest retailer from a prosecution brought by a supplier on copyright infringement charges. He defended the Chief Operating Officer of a tech company against fraud charges instigated by the company's owner, persuading the prosecution to offer no evidence following his cross-examination of the complainant. In 2021, he successfully applied to quash a summons issued on the request of a wealthy Russian businessman against an individual who was pursuing civil proceedings for a share of the private prosecutor's wealth; the court agreed that the prosecutor had breached the duty of candour when making the application for the summons. 

He has extensive experience of advising on Legal Professional Privilege, investigatory powers and judicial review proceedings.

Ben acts regularly in Health and Safety cases for both the prosecution and for corporate or individual defendants. He recently represented a contractor charged over a death whilst working at height. He secured convictions against corporates and individuals arising from a workplace death on an industrial estate. 

Ben brings tactical insight, intellectual ability and expert advocacy to bear in cases frequently involving complex and voluminous evidence and legal issues. He defends corporate clients and professionals who require impeccable preparation and case presentation in respect of financial crime and regulatory allegations; he also prosecutes in complex fraud and has extensive experience as Independent Counsel dealing with matters of LPP. He is regularly instructed by specialist fraud and City firms to advise on alleged financial offending of the highest sensitivity for the individuals and companies concerned. He is often engaged from the earliest stage of an investigation, throughout, until conclusion.

Notable Cases

SFO v Airbus SE (2020)
Ben FitzGerald acted for Airbus in securing the UK’s largest ever Deferred Prosecution Agreement, as part of a co-ordinated global settlement with the UK, French and US authorities.

SFO v Varley & Others (2019)
Ben FitzGerald represented Barclays, assisting the team acting for John Varley the former chief executive of Barclays. Ben was led by Nicholas Purnell QC.

SFO v Barclays PLC & Others (2018) 
Ben FitzGerald acted for Barclays and Barclays Bank in the SFO’s prosecution concerning the 2008 capital raising from Qatar. In May 2018, acting for the corporate defendants together with Richard Lissack QC and Crispin Aylett QC, Ben FitzGerald successfully applied before Mr Justice Jay to dismiss the charges.

SFO investigation into LIBOR manipulation (2018)
Ben FitzGerald advises a major UK financial institution in relation to the SFO’s investigation relating to LIBOR manipulation and fraud.

R v Demetriou (2017-18)
Representing a company director in a trial for conspiracy to cheat the Revenue, involving an allegation that £109m of tax was placed at risk and the laundering of millions of pounds of investors’ money through series of companies across multiple jurisdictions.

R v Panitzke (2013-16)
Representing a company director (Kingston Crown Court) on charges of tax fraud and money laundering in connection with multi-million pound transactions using cross-jurisdictional electronic banking.

R v Babamiri & Others (2014)
Ben Fitzgerald acted as junior counsel in the successful prosecution of a company and individuals for Health and Safety offences and a charge of gross negligence manslaughter arising from a workplace death.

BTP v B (Stonegate fare evasion) (2014)
Representing the police on an application for special procedure material concerning the identity of the “Stonegate fare evader”, and in subsequent judicial review proceedings (Blackfriars Crown Court and Administrative Court).

Reviews

Chambers UK 2024: Financial Crime – New Silk; Financial Crime: Corporates - New Silks

Legal 500 2024: Crime - New Silk, Fraud (Crime) - New Silk

Chambers UK 2023: Financial Crime – Band 1; Financial Crime: Corporates - Band 1

Legal 500 2023: Crime - Tier 1; Business and Regulatory Crime (Including Global Investigations) - Tier 1

Chambers High Net Worth 2022: Financial Crime: High Net Worth Individuals – Band 1

Who's Who Legal 2022: Ranked Junior in UK Bar 2022 for Criminal Fraud.

'Ben is extremely thoughtful and writes good advice.'He thinks very creatively and is very persuasive.' 'Ben is effective in court'. Chambers UK Financial Crime (2023)

'He is very bright and practical - always a pleasure to work with.' 'He is incredibly sharp.' 'He is phenomenal and a very lovely, measured advocate. He wins the trust of judges easily and his drafting is second to none.' Chambers UK Financial Crime (2022)

'Ben is exceptionaly smart and hard working. He quickly assimilates a vast amount of information and hits the ground running. He is tactically astute and a pleasure to work with.' Legal 500 Fraud:Crime (2022)

'Ben is extraordinarily hard-working, clever, with great attention to detail and calm under fire.' Legal 500 Business and Regulatory Crime (2022) 

'He is excellent, has a fantastic practice and is really capable.' 'He is hugely talented and produces very high-quality written work.' Chambers UK Financial Crime (2021)

'Ben is a standout barrister. He is highly intelligent and capable. Ben is able to assimilate a huge amount of information in short periods and meaningfully add to a case. Fits in seamlessly to a team.' Legal 500 Fraud: Crime (2021)

'An intelligent and inventive thinker, who keeps his composure under pressure. Powerfully persuasive, with very sound depth of legal knowledge. Extremely personable with great attention to detail.' Legal 500 Business and Regulatory Crime (2021)

'He is very, very good. He is very clever; he is incredibly thorough, and clients really do love him. He is absolutely one of the best - top-notch' - Chambers HNW, Financial Crime: High Net Worth Individuals (2020)

‘He has a very clear, logical legal mind, is really easy to work with and is very bright.’ ‘He has all the qualities you look  for - he's cerebral but he also knows how to frame an argument and he's very hard-working. All in all a very able and effective advocate.’ Chambers UK Financial Crime (2020)

‘He has the ear of judges, yet is unafraid to stand up to them.’ Legal 500 Business & Regulatory (2020)

‘He remains calm under fire.’ Legal 500 Fraud: Crime (2020)

‘Really, really bright, very on top of the law and very hard-working.’ ‘He's a fantastic tactician.’ Chambers UK Financial Crime (2019)

‘He is a top junior.’ ‘He is a leading name for sure and absolutely excellent.’ Chambers High Net Worth (2019)

‘Clearly destined for great things – he analyses problems carefully and is very diplomatic with clients.’ Legal 500 Business & Regulatory (2018)

‘Quite brilliant – he makes oral argument in cases even when several silks are defending.’ Legal 500 Fraud: Crime (2018)

‘An outstanding senior junior who is completely dependable even with the most difficult brief or client.’ Chambers UK Financial Crime (2018)

‘Obviously a star in the making.’ Chambers UK Financial Crime (2018)

‘Fantastic in terms of his advocacy and his ability to control very difficult clients. He’s very commercial and thoughtful in his approach, and never talks down to anyone so he’s good in a team.’ Chambers UK Financial Crime (2017)