Commercial fraud

We are able to offer assistance and representation on a variety of matters relating to civil and corporate fraud including:

• Claimant/Defendant Advice and Representation
• Carousel, VAT and MTIC frauds
• Business, audit and banking fraud
• HM Revenue and Customs related work
• Asset tracing and civil recovery
• Receivership and insolvency
• The Fraud Act 2006

Together with:

• Third parties and compensation
• ECHR issues
• VAT and Duties Tribunals
• Money laundering reporting and SARS
• Freezing orders, disclosure and related injunctions
• High Court practice and procedure
• Judicial review
• Due diligence and LPP

We also offer advice on anti-money and the 2007 Money Laundering Regulations, and enjoy a particular expertise dealing with Missing Trader appeals/VAT cases before the VAT and Duties Tribunal.

Members of the Commercial Fraud Team include:

Paul O’Doherty, call 2000. Paul heralds from a civil law background focusing on contractual and commercial disputes but has developed a complementary practice advising on fraud, proceeds of crime and asset forfeiture law. Prior to coming to the Bar, Paul spent five years as an investment banking analyst, working in corporate finance and private equity. Paul is a member of the London Common Law and Commercial Bar Association.

Rupert Jones, call 2000, instructed by defendants, third parties, receivers, the SFO, the RCPO, administrators and liquidators in restraint, receivership, money laundering, compensation order cases, civil recovery, cash seizures, judicial review and contempt of court. Recent cases included Capewell [2007] UKHL 2, Re T [2006] EWHC 2233 (Admin) and Re W [2006] EWHC (Admin).

Iain Macwhannell, call 2006, Iain has worked in litigation for H.M. Revenue and Customs for nearly two years and then in private practice. Iain’s practice at the Bar is an extension of the experience that he gained before completion of pupillage in 2009 and is therefore in civil litigation, commercial fraud and the proceeds of crime. He has a particular specialisation in indirect tax.

The team enjoys the full support of a number of 3PB's highly experienced QCs, including Michael Parroy QC (MTIC/Carousel frauds), Michael Vere-Hodge QC (MTIC, VAT evasion and fraud), and Nigel Lickley QC (civil and criminal fraud). Our Criminal Law Group is also able to offer comprehensive assistance in all matters relating to criminal fraud, money laundering and corruption charges.

The services we offer

Allegations of fraud have the capacity to span the breadth of legal practice. Chambers' strength is in the combination of experience and specialisation that it can offer in key areas, such as money laundering and the proceeds of crime, professional regulation, commercial and banking, company and insolvency, intellectual and real property, employment, trusts and taxation. Within these areas, members of the AFG possess expertise in matters such as:

• The Overlap between Criminal and Civil Investigations and Litigation
  The overlap between criminal and civil investigations and litigation has a far-reaching impact upon the way in which both lay and professional clients approach litigation particularly in relation to aspects of privilege and disclosure, such as the privilege against self-incrimination and legal professional privilege.
• Drafting and Obtaining Orders for Injunctive Relief
  Members of Chambers are well used to acting for both claimants and defendants in respect of Freezing Orders, Search Orders, Disclosure Orders, the overlap of all of the same with Restraint Orders and the tracing and recovery of assets.
• Investigations
  Members of Chambers are well suited to advising on tax investigations and the increasingly extensive powers that H.M. Revenue & Customs have to enter premises in relation to taxpayers and even in relation to unspecified third parties.
• Tax Litigation
  Chambers work in Revenue law principally focuses on litigation and allegations made by H.M. Revenue & Customs of constructive and/or actual knowledge of fraud. Chambers has particular strength in indirect tax litigation in the areas of VAT and excise. Members of Chambers are at the forefront of the development of the law on Missing Trader Intra-Community Fraud, with individuals acting on behalf of the Revenue and taxpayers alike, from the Tax Tribunals to the appellate courts.
• Inter-Jurisdictional Litigation
  Members of Chambers are familiar with the inter-jurisdictional nature of commercial fraud and have litigated in courts overseas.