"A fine white-collar crime expert…very much on the way up in the serious fraud world"; “a Senior Junior who is robust in Court and praised for his great attention to detail” (Chambers and Partners 2011 and 2012, Band 2).
Jason is a defence specialist in FSA litigation and business related crime. A Barrister for 20 years, Jason draws on his previous experience as a regulator, prosecutor and senior lawyer at Allen & Overy LLP to deploy the strategy and tactics necessary to achieve the best possible results for his Clients. In both his FSA and criminal matters, Jason is often instructed at the very outset of an enquiry, becoming an integral part of the defence team, advising in connection with strategy, document requests and interview preparation.
Regulatory and FSA
Over the last 11 years Jason has advised firms and individuals in relation to over 60 FSA enforcement investigations and associated proceedings. He has also acted both for and against the AADB in respect of disciplinary proceedings brought by the accountancy regulator.
Jason has a unique insight and is able to provide pragmatic and commercial advice, while at the same time recognising the sensitivities of the regulatory relationship. Many of Jason’s instructions often result in no public outcome.
Jason is currently instructed by leading "City" solicitors on behalf of both firms and individuals in relation to a number of FSA investigations concerning alleged breaches of FSA Rules and Principles and for market abuse. In addition, he has recently acted for a number of firms in relation to FSA supervisory interventions through the use of the OIVOP procedure.
Jason has also acted for a number of individuals in relation to their applications for FSA approval and advises regularly on regulatory reporting, perimeter, authorisation and supervision issues.
Current instructions include acting for a former finance director of a PLC in respect of allegations of market abuse and breach of FSA Principle one, an individual in respect of the FSA’s investigation in relation to the alleged fixing of LIBOR, a former CEO of a large financial institution in respect of prohibition proceedings and an IFA Firm facing OIVOP action. Recent published cases include FSA-v-Sinha (for third party), FSA-v-Gower, FSA-v-Chhabra and FSA-v-Wills and Co Stockbrokers.
Business crime
Jason is a niche criminal defence practitioner specialising in the defence of individuals and corporates under criminal investigation by the SFO, FSA and CPS HQ. His extensive and unique experience also means that he is often instructed by corporates in connection with criminal compliance issues under the Proceeds of Crime Act 2002, Enterprise Act 2002 and Bribery Act 2010.
The last 3 years has seen Jason instructed in 7 separate FSA criminal investigations for insider dealing, market abuse and market manipulation, including defending the former finance director of ISOFT Plc in relation to allegations of market manipulation and acting in FSA-v-Littlewood, which was, at the time, the FSA’s largest ever insider dealing prosecution. Pre-charge, Jason is also acting currently for an individual following the FSA's high profile raids in March 2010 on a number of financial institutions.
Jason's practice is wider than criminal cases brought by the FSA. Jason is currently acting pre-charge for a company in respect of alleged breaches of the Data Protection Act and he has recently defended to trial a Managing Director charged with fraud, a Director charged with exporting military goods to Iran without a license, a Managing Director charged with money laundering and importing counterfeit Viagra and a company charged with environmental offences. Jason was also instructed by a corporate defendant in Operation Holbein, the SFO's failed prosecution relating to alleged price fixing in the pharmaceutical industry.
Many of Jason’s cases often have an international element and he is well versed in advising defendants and third parties where there are cross-border jurisdictional issues and/or extradition risk through the involvement of overseas law enforcement agencies, particularly the US Department of Justice and SEC.
Jason is a formidable advocate and appears regularly before the Regulatory Decisions Committee of the FSA, the Upper Tribunal and the Crown Court.
While, in general terms, Jason does not accept instructions on a legally aided basis, he is able to accept instructions on a direct access basis in appropriate cases.
Key Cases- FSA and regulatory
- FSA-v-M –ongoing - market abuse
- FSA-v-X Ltd – ongoing OIVOP and enforcement action
- FSA-v-X – ongoing - prohibition proceedings
- FSA-v-W – ongoing - market abuse
- FSA-v-M – ongoing - breach APER 3 and 4
- FSA-v-Sinha (2012)
- FSA-v-Gower (2010)– APER 3
- FSA -v-B, L, S, P, S - acting for Directors of a regulated firm alleged APER breaches
- FSA-v-G (a firm) RDC/FSMT OIVOP proceedings
- FSA-v-B (a firm) - alleged breaches of PRIN
- FSA-v- C (a firm) - alleged breaches of PRIN
- FSA-v-A - alleged breaches of APER 1
- FSA-v- Chhabra and another (2010) RDC/FSMT proceedings for market abuse
- AADB-v-M
- AADB –v-X PLC
Key Cases - business crime
- FSA-v-Littlewood and others (2011)
- FSA-v-Whelan and others (2011)
- FSA-v-R - pre–charge FSA investigation
- SFO -v-Norton Healthcare Limited and Others (2008) Southwark Crown Court
- SFO-v-Bates and Lesser (2008) Croydon Crown Court
- A major High Street Bank in respect of significant ongoing assistance to law enforcement
- A PLC insurer in respect of the Money Laundering Regulations 2007
- A PLC in respect of its third party rights under POCA restraint orders obtained by the SFO
- A City law firm in respect of its obligations under the POCA
- A leading accountancy firm in respect of a witness summons
- A mining company in respect of its obligations under the Bribery Act 2010
- A company in respect of its obligations under the Data Protection Act
Contact Jason Mansell
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk