Former directors' appeal against 11-year sentences for fraudulent green investment schemes unsuccessful. QEB Hollis Whiteman barristers were involved.

Former directors’ applications to appeal against convictions and sentences of 11 years’ imprisonment relating to their operation of fraudulent green investment schemes unsuccessful. The case involved barristers of QEB Hollis Whiteman: Jennifer Newcomb prosecuted, Adrian Darbishire KC and Tom Phillips represented Mr Skeene and Senghin Kong represented Mr Bowers.

In May 2022, two former directors of Global Forestry Investments Ltd (GFI), Andrew Nathaniel Skeene and Junie Conrad Omari Bowers, were found guilty at Southwark Crown Court of three counts of conspiracy to defraud and one count of misconduct in the course of winding up a company.  It was the Crown’s case at trial that these two Defendants devised, operated and controlled three investment frauds – Belem Sky, Para Sky and Para Grosso - between August 2010 and December 2015, and effected a conspiracy to defraud investors into those schemes through false representations, false documents, excuses and lies. After GFI went into liquidation, the Crown alleged that Mr Skeene and Mr Bowers deliberately misled the liquidator. 

The Defendants appealed against conviction and sentence. Grounds of appeal against conviction included that the indictment was defective in that it failed to adequately define the conspiracies alleged and that a direction on dishonesty should have been given to the jury by the trial judge.

Yesterday, the Court of Appeal upheld the convictions and sentences. The Court gave leave to appeal on the indictment Ground and then dismissed the appeal, on the basis that while there was tension between some of the observations in authorities on conspiracy to defraud indictments, individual cases are fact sensitive and there was no ambiguity in the form of the indictment in the present case. The court refused leave on all other Grounds.

Jennifer Newcomb was instructed by the SFO and appeared at trial. Senghin Kong represented both defendants at trial and Mr Bowers on appeal, instructed by Bark & Co. Adrian Darbishire KC and Tom Phillips represented Mr Skeene on appeal, instructed by Steven Bird of Birds Solicitors. 

A link to the judgment may be found here.