David practices in all areas of regulatory law and fraud (both criminal and civil).
He is instructed to defend proceedings brought by the Financial Services Authority (‘FSA’) in the Chancery Division of the High Court and in the Regulatory Decisions Committee (‘RDC’). He has also been instructed by the Jersey Financial Services Commission (‘JFSC’) to conduct a 6 month regulatory investigation. He has considerable experience of the application of the ‘fit and proper’ test by regulators
David has been instructed in a number of high profile international corruption and money laundering cases, including Attorney General v. Bhojwani in the Jersey Royal Court, Court of Appeal and Privy Council and Attorney General v. Bagudu in which he appeared for the Jersey Attorney General in the Administrative Court. These cases gave rise to reasoned judgments on all aspects of the law relating to money laundering and international crime (see, for example, the cases reported in part 1 of 2010 JLR and [2011] JCA 034) and the largest ever confiscation order in Jersey. David was also instructed in the two seminal cases on Suspicious Activity Reports (‘SARs’), police consent and the interrelationship between civil and criminal proceedings in the Jersey and offshore money laundering legislation: Barclays Private Bank & Trust Ltd. V. Ani 2004 JLR 165 and Gichuru v. Wallbrook Trustees (Jersey) Limited and Four others 2008 JLR 131.
David was junior counsel for Eric Illsley MP, one of the MPs prosecuted in relation to expenses claims and is on the Serious Fraud Office ‘B’ panel.
In civil fraud, David has been instructed in a number of corruption and other cases. His civil fraud work covers issues such as restitution, constructive trusts, tort claims and associated contract and conflicts of laws issues. His cases include:
(a) UCC v. Bender and Ors, a US$ 97 million claim in relation to the profits of a hedge fund;
(b) Advising in relation to issues arising from the collapse of an Icelandic bank;
(c) Advising an international mining company in relation to issues arising in its overseas subsidiaries;
(d) Advising a former Asian politician in relation to large scale litigation;
(e) Advising both the Pakistani and Kenyan governments in relation to a number of claims for recovery of monies said to be the proceeds of corruption.
David has also been instructed in two civil forfeiture actions being brought by the United States Department of Justice
Contact David O'Mahony
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk