Barrister David O'Mahony

David O'Mahony

Year of call: 2000  

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“A dream to work with, he combines his first-rate legal intellect with real common sense and is always methodical, organised and responsive with his advice.”

Chambers & Partners

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Overview


David specialises in cases in which international issues arise. He has particular experience in offshore issues. His practice has ranged across this field of the law being instructed in cases involving money laundering and criminal fraud, civil and commercial law (particularly fraud), arbitration (both commercial and investment arbitration), domestic and international financial regulation and international crime. He advises on public and private international law and international criminal law.

He has deep knowledge of the law of bribery and corruption.

David has been instructed in cases in the UK, Africa, the Caribbean, Central Asia, the Channel Islands (particularly Jersey), the Gulf, the Indian sub – continent and South East Asia. He has been called to the bar in Australia, the DIFC courts and the TCI. He is on the list of counsel at the International Criminal Court in the Hague, and has acted for the UK government in a case before the European Court of Human Rights. He has appeared in commission hearings in the Indian courts and in the Privy Council.

He has worked with Swiss investigating magistrates and the USDOJ as well as public authorities in the developing world.

David has degrees from Cambridge University and the University of Queensland, and tutored Public Law at the London School of Economics and Political Science (‘LSE’). He also attended the European University Institute Human Rights Law summer school in Florence.

Commercial Complex Fraud Offshore & International

Commercial


“He is very intelligent, has a good grasp of the detail in a case and is very hard working.”

Chambers and Partners (UK and Global) 2014 (recommended as a leading junior in ‘Offshore: London’)

David is instructed in commercial cases involving contract, commercial fraud and cross border issues. He has particular expertise in claims relating to corruption. He is instructed in the United Kingdom, Jersey, the Caribbean and in the Dubai International Financial Centre (‘DIFC’). He is instructed in both litigation and in arbitration.

David is a co-author of a chapter on civil fraud and the cross over issues between civil and criminal fraud proceedings in Butterworths Fraud Practice.

Memberships

  • The Fraud Lawyers Association
  • Commercial Fraud Lawyers Association

Commercial Cases


  • Acting for investors in a series of multi – million dollar claims under the Dubai International Financial Centre (‘DIFC’) – LCIA rules and in associated injunction proceedings in the DIFC Court.
  • Advising an international mining company in relation to investment arbitration in the International Centre for the Settlement of Investment Disputes (‘ICSID’).
  • Harcourt Developments Limited and Ors v SJDC & Ors: Acting for the Jersey Finance Minister in a multimillion pound contract claim brought in the Royal Court of Jersey.
  • Attorney General for the Turks and Caicos Islands v Oceanpoint Developments & Ors: Acting for the Defendants in a US$ 14 million claim in the Turks and Caicos Islands courts to recover the proceeds of corruption.
  • UCC v Bender [2006] JLR 269: Acting for a hedge fund manager in a dispute over the US$ 97 million proceeds of a hedge fund.
  • Advising a listed mining company in relation to its Mongolian subsidiaries.
  • Acting for the National Accountability Bureau of Pakistan (‘NAB’) in a series of civil and criminal corruption cases including the Bhutto case.

Complex Fraud


“He is very intelligent, has a good grasp of the detail in a case and is very hard working.”

Chambers and Partners (UK and Global) 2014 (recommended as a leading junior in ‘Offshore: London’)

David specialises in cases in which international issues arise. He has particular experience in offshore issues. His practice has ranged across this field of the law being instructed in cases involving money laundering and criminal fraud, civil and commercial law (particularly fraud), arbitration (commercial and investment arbitration), domestic and international financial regulation and international crime. He advises on public and private international law and international criminal law.

He has deep knowledge of the law of bribery and corruption.

He also advises on many of the EU economic sanctions regimes. His clients in this area have included individuals, companies, solicitors and public authorities.

David has been instructed in cases in the UK, Africa, the Caribbean, Central Asia, the Channel Islands (particularly Jersey), the Gulf, the Indian sub – continent and South East Asia. He has been called to the bar in Australia and in the Turks and Caicos Islands (the latter for a particular case). He is admitted to practice in the Dubai International Financial Centre (‘DIFC’) courts. He has appeared as junior counsel in a series of commission hearings in the Indian courts and in the Privy Council on appeal from the Court of Appeal of Jersey.

He has worked with Swiss investigating magistrates and the United States Department of Justice as well as public authorities in the developing world.

In addition to degrees from Cambridge University and the University of Queensland, David has tutored Public Law at the LSE and attended the European University Institute Human Rights Law summer school in Florence.

Memberships


David’s professional memberships include the International Bar Association, the Fraud Lawyers Association, the Commercial Fraud Lawyers Association and Chatham House.

David is also co-author of a chapter on civil fraud and the cross over issues between civil and criminal fraud proceedings in Butterworths Fraud Practice.

He has given and attended talks and seminars at a range of international bodies including the International Criminal Court (‘ICC’) and the International Anti Corruption Academy (‘IACA’) in Vienna. He has spoken on corruption and international crime for the United Nations Office for Drugs and Crime (‘UNODC’) at regional conferences in Turkmenistan and Kazakhstan.

In 2014 David was instructed by the UNDP to assist in its review of the draft Criminal Procedure Act for Sierra Leone.

Complex Fraud Cases


  • Acting for the Attorney General for Jersey in a US$ 450 million asset forfeiture case brought by the US Department of Justice.
  • R v Batchelor [2013] EWCA Crim 2638.
  • A series of multi – million dollar claims under the DIFC – LCIA rules and in associated injunction proceedings in the DIFC Court.
  • Attorney General for the Turks and Caicos Islands v Oceanpoint Developments & Ors: Acting for the defendants in a US$ 14 million claim in the Turks and Caicos Islands courts to recover the proceeds of corruption.
  • Advising a listed mining company in relation to its Mongolian subsidiaries.
  • Junior counsel for Eric Illsley MP in one of the MPs expenses cases.
  • Acting for the Attorney General for Jersey in a series of international corruption money laundering cases including: Attorney General v Bhojwani [2009] JCA 115A (in the Jersey Royal Court, Court of Appeal and Privy Council).
  • Acting for the National Accountability Bureau of Pakistan (‘NAB’) in a series of civil and criminal corruption cases including ‘Bhutto’.
  • Acting for the Kenyan Anti-Corruption Commission (‘KACC’) in a series of corruption cases.
  • Acting for a hedge fund manager in a dispute over the US$ 97 million proceeds of a hedge fund: UCC v Bender [2006] JLR 269.

Offshore & International


“He is very intelligent, has a good grasp of the detail in a case and is very hard working.”

Chambers and Partners (UK and Global) 2014

(recommended as a leading junior in ‘Offshore: London)

David specialises in cases in which international issues arise. He has particular experience in offshore issues. His practice has ranged across this field of the law being instructed in cases involving money laundering and criminal fraud, civil and commercial law (particularly fraud), arbitration (commercial and investment arbitration), domestic and international financial regulation and international crime. He advises on public and private international law and international criminal law.

He has deep knowledge of the law of bribery and corruption.

He also advises on many of the EU economic sanctions regimes. His clients in this area have included individuals, companies, solicitors and public authorities.

David has been instructed in cases in the UK, Africa, the Caribbean, Central Asia, the Channel Islands (particularly Jersey), the Gulf, the Indian sub – continent and South East Asia. He has been called to the bar in Australia and in the Turks and Caicos Islands (the latter for a particular case). He is admitted to practice in the Dubai International Financial Centre (‘DIFC’) courts. He has appeared as junior counsel in a series of commission hearings in the Indian courts and in the Privy Council on appeal from the Court of Appeal of Jersey. He is on the list of counsel at the International Criminal Court in the Hague and has acted for the UK government in a case before the European Court of Human Rights.

He has worked with Swiss investigating magistrates and the United States Department of Justice as well as public authorities in the developing world.

In addition to degrees from Cambridge University and the University of Queensland, David has tutored Public Law at the LSE and attended the European University Institute Human Rights Law summer school in Florence.

Memberships


David’s professional memberships include the International Bar Association, the Fraud Lawyers Association, the Commercial Fraud Lawyers Association and Chatham House.

David is also co-author of a chapter on civil fraud and the cross over issues between civil and criminal fraud proceedings in Butterworths Fraud Practice.

He has given and attended talks and seminars at a range of international bodies including the International Criminal Court (‘ICC’) and the International Anti Corruption Academy (‘IACA’) in Vienna. He has spoken on corruption and international crime for the United Nations Office for Drugs and Crime (‘UNODC’) at regional conferences in Turkmenistan and Kazakhstan.

In 2014 David was instructed by the UNDP to assist in its review of the draft Criminal Procedure Act for Sierra Leone.

Offshore & International Cases


  • A US$ 450 million asset forfeiture case brought by the USDOJ.
  • Arbitral proceedings in the DIFC – LCIA arbitration centre.
  • Acting for the Jersey Finance Minister in Harcourt Developments Limited & Ors v SJDC & Ors (Substantial contract proceedings)
  • R v Venclovas [2013] EWCA Crim 2182: The first case to use s 4 Suppression of Terrorism Act 1978, instructed to deal with the international issues.
  • AG for the TCI v Oceanpoint Developments & Ors: Civil and criminal proceedings in TCI courts.
  • Arbitral proceedings in the ICSID.
  • Advising a listed mining company in relation to its Mongolian subsidiaries.
  • Conducting a six month regulatory investigation for the Jersey Financial Services Commission.
  • A series of international corruption money laundering cases including: Attorney General v Bhojwani (in the Jersey Royal Court, Court of Appeal and Privy Council: see 2010 and 2011 volumes of the Jersey Law Reports).
  • Acting for the National Accountability Bureau of Pakistan (‘NAB’) in a series of civil and criminal cases including ‘Bhutto’.
  • Acting for the Kenyan Anti-Corruption Commission (‘KACC’) in a series of corruption cases.
  • Acting for a middle eastern government in relation to a FATF inspection.
  • Acting for a defendant hedge fund manager in UCC v Bender [2006] JLR 269.
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