John has defended and prosecuted in criminal cases of increasing seriousness and complexity (serious fraud, MTIC cases, excise evasion and drug trafficking, violent offences including murder and sexual offences) for over 15 years. He has developed a particular expertise and reputation in the specialist area of proceeds of crime and money laundering (including restraint and receivership orders, confiscation proceedings and enforcement, cash detention and forfeiture and civil recovery orders and freezing injunctions) and has been instructed in a number of the leading cases in the field. This often involves complex High Court civil litigation.  He also has a broad background in a range of general civil litigation such as property, personal injury and employment which is invaluable in cases crossing the criminal / civil divide.



John has been instructed in these areas by both defence solicitors and major government departments. He has a niche practice in cash detention and forfeiture proceedings particularly in high value, complicated or sensitive cases and has published a practical guide on the subject.



John accepts instructions under the Bar Council’s Public Access Scheme.

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Cases

Serious Organised Crime Agency v Gale UKSC 2010/0190 Instructed by SOCA as junior in civil recovery proceedings commenced in 2005 against international assets worth over £2million alleged to be the proceeds of drug trafficking and money laundering involving multiple jurisdictions, bank accounts, property held in the name of third parties and nominee companies and issues on ECHR Article 6 (standard of proof, acquitted defendants), limitation and receivership costs. The case was heard in the Supreme Court in May 2011 on appeal from the Court of Appeal [2010] 1 WLR 2881 and judgment was handed down on 26 October 2011 with both appeals unanimously dismissed by all 7 Justices.



UKBA v Wiese – appeared for UKBA as sole counsel in case concerning £675,000 cash seizure from prominent South African businessman, leading to international media interest. Substantial legal argument on the evidential requirements of forfeiture. Successfully obtained forfeiture order and now instructed in the case stated appeal to the Divisional Court as junior.



UKBA v Feng – cash forfeiture case involving illegal workers – test case for UKBA on the question of dual criminality where both sides called expert evidence from Irish counsel on issues of foreign law.



R v Young and Munden (Op Unbolt) - junior counsel for CPS (RCPO Division) in £400 million money laundering prosecution involving the use of a bureau de change to convert and transfer monies originating from European MTIC frauds. Instructed at an early stage to advise pre-charge on issues such as possible defendants, restraint orders and evidential matters. The case involved use of the Disclosure Notice interview provisions in the Serious Organised Crime and Police Act 2005. The second defendant was charged under section 330 POCA 2002 (failure to disclose money laundering in a regulated sector business). The case had major disclosure implications as it was linked to other very large operations in England, Scotland and the Netherlands.



HMRC v Harirbafan – instructed by HMRC in successful cash forfeiture proceedings involving £250,000 being taken to Iran. There was substantial legal argument on ECHR points based on a previous acquittal in criminal proceedings and disclosure issues involving material provided to HMRC by the Iranian Government.



Re May [2009] EWHC 1826 (QB) - junior counsel instructed by RCPO and Receiver in High Court litigation concerning a third party claim in confiscation enforcement proceedings involving property held in an offshore trust. Also junior counsel in earlier application for the oral examination of the defendant as to the location and extent of his assets. 



R v Lipomed Limited and Williams (2009) (unreported) - instructed by Department of Health in successfully obtaining a confiscation order in the sum of £800,000 at the Central Criminal Court in a case concerning offences under the Medicines Act 1968 in relation to unlicensed healthcare products administered as beauty products.



Director of Assets Recovery Agency v Creaven & others (2005) QBD (Admin) (Stanley Burnton J) Times, November 16 - release of funds from interim freezing order to meet legal expenses in civil recovery proceedings. Junior counsel in this High Court civil recovery claim following failed MTIC fraud prosecution that was settled in a pioneering mediation with a recovery of £18 million (2006). 



HMRC v Uddin (unreported) - junior counsel in multi-million pound civil claim in High Court arising from MTIC fraud (2005-2007). 



Re P (2005) QBD (Admin) (Moses J) international freezing injunction in civil recovery case against Russian schoolgirl. 



R v Rice (2005) Winchester CC - murder - sentencing provisions of CJA 2003 fixing minimum term in well-publicised case often cited in early release debate. 



In Re X (2005) QB 133 – Court’s jurisdiction to vary a restraint order under CJA 1988 s.77 to allow payment of third party debts. 



R v Simpson (2004) QB 118  CA – Defects in notice under CJA did not deprive judge of jurisdiction to make confiscation order. Scope of Stare decisis doctrine. 



R v Creaven and others - Member of HM Revenue and Customs MTIC linked case disclosure committee in Operation Chipstick (2003-2004) 

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Seminars

Speaker at the National Policing Improvement Agency Payback Conference at Ryton May 2011 on Angus v UKBA

Speaker at the NPIA National Payback Conference at Ryton September 2011 on Money Laundering Regulations 2007

Speaker at the Metropolitan Police training seminar at Hendon September 2011 on proving the unknown in cash forfeiture and money laundering proceedings

Giving Seminar on Money Laundering on 10 November 2011 in chambers

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Publications

Editor, The Proceeds of Crime Review (Wildy & Son) Now in its 6th edition

Articles include:-

"Proving the unknown" (POCR No.1 2008)

Cash Forfeiture Flowchart (POCR No.1 2008)

"Who's afraid of the assumptions" (POCR No.4 2010)

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