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JUL
16

Lewis Nedas Law Instructed to Advise and Represent Clients Facing FSA

We have been instructed by three individuals facing separate matters involving the FSA in the last two weeks.

Contact Jeffrey Lewis or Siobhain Egan.

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1504 Hits
JUL
12

Extradition Success for Polish Client

Leila Rasool represented a client who was arrested in September 2011 on a European Arrest Warrant. The requesting authority sought his extradition to serve the remainder of a three-year prison sentence imposed in June 1995 for an offence of robbery committed in 1993 when our client was 18 years old. The balance on the sentence to serve is one year, nine months and fifteen days.

The extradition was contested on four grounds, namely:

  1. Section 14: Passage of time;
  2. Section 25: Oppressive because of health;
  3. Article 8 of the Human Rights Act: The right to a private life;
  4. Limitation period.

Following several adjourned hearings before Westminster Magistrates’ Court, our client was discharged by Senior District Judge Riddle on 2 July 2012 on the basis that in the circumstances extradition would be oppressive pursuant to Section 25 of the Extradition Act 2003. Factors he considered in coming to this decision were:

  1. The offence took place nearly 19 years ago;
  2. Our client had served 14 months in custody;
  3. He has been in the community for 18 years and has not been convicted of any offence since;
  4. He was released from prison and for 6/7 years considered mentally unfit to serve a prison sentence;
  5. In 2004/5 his health improved to extent he was deemed for to serve his sentence. He then fled to the UK and has since lived a productive life. He has a business, a wife, a ten-year-old child, and a baby on the way;
  6. If he was returned to Poland and to custody his health would almost certainly deteriorate and he would become a suicide risk (during current proceedings our client was hospitalised at a psychiatric hospital for a period);
  7. If he remains here without the risk of extradition, his health will improve as it did in the past.

The Requesting Authority indicated they wished to appeal the decision; however, within two days of the hearing the CPS advised the defence that they no longer intended to pursue an appeal.

Our client was superbly represented in court by Corinne Bramwell of 9 Bedford Row.

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1717 Hits
JUL
12

Superb Fraud Acquittal

Miles Herman represented a suspect concerning an investigation into offences of fraud and money laundering involving the setting up of entities to process the proceeds of various internet-based crimes. The allegations centred on the laundering of proceeds from fraud on the internet via high risk internet websites. The investigation was undertaken by the Money Laundering Investigating Team SCD6 the Economic Specialist Crime Unit at Scotland Yard.

The suspect received specialist and decisive advice throughout the investigation at the end of which a decision was made. There was no reasonable prospect of a conviction. Throughout there was close liaison with the investigation team in what was a protracted and complex enquiry.

If you require advice in relation to fraud and money laundering investigations undertaken by Scotland Yard, SFO, FSA, or any other serious crime agencies please contact Miles Herman, Jeffrey Lewis, Siobhain Egan or Keith Wood for special advice in these matters.

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1709 Hits
JUL
12

Cyber-Fraud Sentencing Success

Miles Herman was instructed in the case of Pavel Cyganok who was subject of police code name ‘Operation Crossbill’ concerned with a complex network of domains, command and control servers, and associated malicious programmes directed at the promotion of fraud through the internet. Following a highly complex and lengthy investigation Mr Cyganok was charged with various offences relating to the unlawful interception of computers.

A yearlong case culminated with sentences being passed at the Central Criminal Court. These sentences were imposed following lengthy negotiations between the defence and the prosecution concerning Mr Cyganok’s role in this enquiry.

Lewis Nedas are at the forefront in representing defendants facing computer-related crime, be it malicious interception of computers, or supplying software for the use or in connection with fraud. In addition they are experts at dealing with the consequential offences of conspiracy to defraud and concealing criminal property, which relate to the concealment and onward distribution of the proceeds of the fraudulent conduct relating to the interception of computers.

The case was investigated by the Special Casework Division of Crown Prosecution Service and the E-Crime Unit of the Computer Crime Team.

See the BBC News coverage here.

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1704 Hits
JUL
12

Outstanding Acquittal for Lewis Nedas Law

Miles Herman represented a defendant facing multiple counts of importation of Class A drugs totalling over 200kg. Following a contested trial on all matters, the defendant was acquitted unanimously on all charges.

This stunning success followed painstaking work undertaking by Miles, assisted by Charles Conway (Senior Lead Counsel) and Nick Ornstin (Solicitor Advocate from this firm), over a period of years. The value of the drugs the prosecution put in the region of £9,000,000 and the operation code named ‘Galling’ involved dozens of officers from the Serious Organized Crime Agency. The matter was prosecuted by the Organized Crime Division of the Crown Prosecution Service.

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