Another Success for Lewis Nedas & Co

The Crown Prosecution Service dropped a long running and serious fraud prosecution today after three years.

Siobhain Egan defended a professional man of good character who, along with sixteen other defendants, faced a trial at Southwark Crown Court after the City of London Police and the CPS followed an investigation initiated by a complaint emanating from within the insurance industry. There were allegations of wrongdoing by various professionals in the conduct of personal injury litigation, which was considered by the City of London Police and the CPS to amount to the commission of criminal offences.

Over thirty people were interviewed by Police, and our client co-operated with the Police throughout whilst protesting his innocence. He gave lengthy detailed interviews to officers outlining his defence and provided them with a pile of documentation supporting that defence at the earliest opportunity.

We repeatedly and doggedly made representations to the CPS stating that in our view that there was no case to answer; we listed the matter for an old-style committal and a dismissal argument.

The scale of the prosecution was so large that it was labelled a Very High Cost Case by the LSC.

When the case arrived in Southwark Crown Court, thankfully an experienced Crown Court Judge also saw exactly the same weaknesses and issues with the prosecution of our client’s case, and repeatedly asked the CPS to review the prosecution.

Eventually, some three years on, they did – much to the relief of our client, his family and business partners.

We will now begin the process of recouping our client’s privately paid fees.

He was represented in court by Jeremy Ornstin who is our joint Equity Partner and heads up our successful Advocacy Department.

HMRC Issues Challenge Letters to Swiss Bank Account Holders

HM Revenue & Customs have just sent challenge letters to holders of Swiss bank accounts. The details of the account holders come from information purchased by European tax authorities from whistle-blowers at Swiss HSBC and Credit Suisse.

Recipients of these letters must respond within 28 days otherwise HMRC will commence a full investigation.

There may be a possible remedy in situations where only partial disclosure has been made.

Also bear in mind that HMRC can always authorise a criminal investigation focusing upon money laundering and POCA offences.

If you are in any doubt contact Jeffrey Lewis or Siobhain Egan immediately.

We represent a number of people in this situation and work closely with leading tax specialist accountants, all at reasonable rates.

Lewis Nedas & Co Beats HMRC to It

See the press release below from HMRC detailing the scope of their new specialist unit targeting offshore account holders.

Lewis Nedas has already opened a specialist sub-department defending individuals holding such accounts. We currently advise a number of clients in this regard.

We work with the best leading tax accountants, all at reasonable pricing levels.

Contact enquiries or Jeffrey Lewis, Siobhain Egan.

A new specialist unit targeting offshore tax cheats has been launched by HM Revenue & Customs (HMRC)

The Offshore Co-Ordination Unit (OCU) brings together a team of highly-skilled offshore analysts, technical tax experts and experienced investigators, who will oversee and co-ordinate HMRC’s compliance work to identify and pursue those who hide income and capital in offshore accounts to avoid UK tax and duties.

The unit will look to fully exploit the increasing amount of offshore information at HMRC’s disposal, including bank account data. They will then use this intelligence to develop innovative new ways of tackling offshore tax evasion.

The OCU will continue to build on the success of HMRC’s Liechtenstein Disclosure Facility (LDF) and co-ordinate the recently announced activity in relation to HSBC Geneva account holders. It will also implement the operational aspects of the recently signed tax agreement between Switzerland and the UK, which is expected to raise billions of pounds for the UK.

Exchequer Secretary to the Treasury, David Gauke, said:

“The days when untaxed income or capital could be safely salted away offshore, beyond the reaches of the taxman, are long gone.

“The launch of this specialist unit, together with the other valuable work the department is driving forward in an effort to tackle offshore evasion, underlines the fact that offshore tax cheats are fast running out of places to hide.”

Sham Marriage Acquittal

Unan Choudhury represented a woman accused of conspiracy to facilitate the entry of non-EU citizens into the UK by virtue of sham marriages.

She was acquitted after the CPS withdrew proceedings having received detailed legal representations drafted by Unan and Martin Lewis of Castle Chambers.

Acquittal at Maidstone Crown Court

Another success for Unan Choudhury: he defended an individual of East European origin who, along with another, faced charges in Maidstone Crown court of affray and ABH.

Both men raised self defence and stated that in fact they had been threatened and racially abused by the “victims” who had entered their property. Eve Macatonia of 2 Dr Johnsons Buildings represented the defendant who was unanimously acquitted by the jury.

Respected Gun Dealer Largely Vindicated In Second Test Prosecution

Laura Saunsbury acted again for Sportsman’s Association General Secretary Mike Wells, a well known figure in the shooting community. The second trial, which finished on 23 September 2011, followed another trial in November 2010 where Mr Wells was acquitted of two firearms offences when he transferred a rifle as a Registered Firearms Dealer to his rifle club.

In the ten day trial at Kingston Crown Court, which began on 12 September 2011, Wells was prosecuted for five offences under section 1 and section 5 of the Firearms Acts. The two most serious charges, which carried a mandatory five year prison sentence, were stayed by the Judge due to the skilful abuse of process application brought by Defence Counsel Nick Doherty.

The additional three counts concerned whether Mr Wells had correctly sold a ‘two shot’ self loading ‘pistol’ to several of his customers, each of whom had authority on their firearm certificates for such a pistol for the humane dispatch of animals. The Court heard expert evidence from a number of eminent witnesses. In dismissing some of the Crown’s central arguments on which they based their case, Recorder Ian Gatt QC, decided that a pistol supplied with a ‘two shot restricted magazine’ equated to a two shot pistol. The Prosecution had brought the case on the much wider basis that a self-loading pistol could not be restricted at all, and a two shot magazine gave you a three shot pistol, as you could put a further round in the chamber. Both of these suggestions were rejected as matters of law by the Judge.

However in his summing up to the Jury, the Judge directed that as a matter of law the restriction of the magazines should have some degree of permanence. This was to take account of public safety concerns, although it had been established during the trial that there was nothing in the law or the Home Office guidance that any permanent restriction was required. In accordance with the Judge’s direction the jury was to return a verdict of guilty if the restriction could be reversed without ‘specialist knowledge or specialist tools’. Given the facts of the case the jury returned a verdict of guilty, but asked for a statement to be read out, saying that they would have found the defendant not guilty, if it were not for the Judge’s narrow ruling on the point.

Mr Wells was given a conditional discharge on each of the three counts and was awarded half of his defence costs, due to the other two counts being stayed as an abuse of process. The Judge made the observation when sentencing Mr Wells that there did seem to be an element of “perhaps over-zealous supervision” of Mr Wells from his local firearms licensing team.

Overall the outcome of this case was overwhelmingly a victory for common sense and safe shooting practices. This was due in no small part to Laura Saunsbury and Defence Counsel Nick Doherty, both having such a detailed knowledge of firearms legislation, guidance and practice, and to their thorough preparation of the case.

Yet another Acquittal for Jeffrey Lewis

Jeffrey Lewis represented a highly respected and well known UK businessman who was accused of committing a fraud against a London Local Authority thirteen years ago!

After making detailed requests for disclosure and representations to the CPS, the allegation (which our client robustly denied throughout) was dropped on the day of trial.

Our client was represented by the stupendous Alex Healy QC (Bell Yard Chambers) and the brilliant Jamie Carr (4 Breams Buildings).

Senior Partner Interviewed on BBC Radio

Jeffrey Lewis was interviewed on BBC Radio 5 Live (Investigates) on 13 November 2011, along with Tom Watson MP about the subject of phone/computer hacking and private investigators.

Listen to the full podcast from the BBC Radio 5 Live website.

Lewis Nedas Opens Specialist Offshore Tax Investigation Sub-Department

We currently act for a number of individuals facing COP9 inquires and/or criminal investigations because of HRMC’s aggressive policy towards off shore bank account holders, especially those with accounts in Switzerland and Swiss HSBC.

These are serious complex investigations with enormous consequences if not handled efficiently by experts.

We work with highly respected tax accountants to ensure early and favourable resolution of such matters.

Contact enquiries or Jeffrey Lewis, Siobhain Egan.

HMRC Aggressively Pursue Recruitment Campaign for Tax Prosecution Lawyers

Following their recent enhanced and even more aggressive prosecution policy, HMRC have advertised that they are now recruiting large numbers of tax prosecution lawyers to help them put this policy into effect.

If you are facing such a tax investigation/prosecution contact Jeffrey Lewis or Siobhain Egan.

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