Complex Fraud CV
Simon has a wide experience of complex fraud cases both in this jurisdiction and offshore. He has worked extensively on fraud cases in Jersey and has a good understanding of the use and potential abuse of offshore structures. He has been involved in a number of cases in which evidence has been obtained from abroad and has been proactively involved in the obtaining of that evidence. Simon is well versed in the Proceeds of Crime legislation and has been involved in confiscation and restraint issues with an international dimension. A developing part of Simon’s practice involves representing individuals facing investigator by Financial Service regulators.
Regulatory
Advised and represented a Managing Director of a major international bank in connection with a Jersey Financial Services Commission investigation concerning the management of property funds.
Environment Agency v. CW Ltd. – Represented the defendant company in a prosecution alleging breach of regulations governing the export of recyclable waste.
R v. L – Current defence brief in a prosecution brought by the Department of Business Innovation and Skills in respect of alleged offences under the Insolvency Act 1986.
AG v. Coke-Wallis – advised in relation to the prosecution of Jersey trust company managers for breach of regulations relating to trust records.
International fraud investigations
AG v. Christine and Ryan Bryce-Richards – directed a three-year investigation and subsequent prosecution instigated by the Attorney-General of Jersey concerning the fraudulent conversion of client funds by a director of a trust company and her husband. This involved:
- Evidence gathering overseas by way of Letters of Request for Mutual assistance and related appearances in the Princely Court of Liechtenstein.
- Working closely with forensic accountants and fraud investigators.
- Obtaining orders freezing assets overseas, in particular in the Republic of Ireland, Liechtenstein and the Isle of Man.
- High Court appearances in London successfully resisting a challenge to the validity of an extra-jurisdictional arrest warrant.
- Obtaining the extradition of one defendant from Spain.
- The application for and enforcement of a £3.5 million confiscation order.
Proceeds of Crime
Extensive experience of the Proceeds of Crime legislation, both in this jurisdiction and offshore. Examples of cases involving the alleged proceeds of crime:
Re C Trust – instructed on behalf of trustees to obtain the release of trust funds effectively frozen in Jersey pursuant to the Proceeds of Crime legislation. The release of those funds was obtained.
R v. F – current defence brief in confiscation proceedings following conviction for substantial thefts and false accounting offences. The case involves foreign property and concurrent High Court restraint proceedings.
Regularly acts for the Metropolitan Police in relation to Cash Seizure applications under the Proceeds of Crime Act 2002.
Other fraud cases
R v. Jagdip Sander – leading junior representing a defendant charged with conspiracy to commit a “long firm” fraud valued at £1.2millon.
AG v. Blatchly & Adams – Instructed for the defence in an alleged £1.5m VAT fraud perpetrated through an offshore trust company. Also instructed in a related civil action following the acquittal of both defendants.
Operation Stanora - Junior for the prosecution in which 18 defendants faced an allegation of conspiring to defraud the Department of Education and Skills in respect of education grants.
R v. Doyle – defence junior representing the senior partner of an accountancy firm charged with stealing millions of pounds of client funds.
Independent Counsel work
Has acted as Independent Counsel for the Metropolitan Police in a number of major investigations advising on Legal Professional Privilege issues.
Operation Tureen – currently instructed as Independent Counsel in an ongoing prosecution of alleged laundering of the proceeds of corruption of the heads of a number of Nigerian states.
Contact Simon Thomas
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk