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NOV
15

New instructions for Lewis Nedas Law specialist criminal and fraud defence solicitors

  1. cuffsLeila Abdul-Rasool has been instructed in an insurance fraud (and related money laundering matters) to the value of £500,000;

  2. Siobhain Egan has been instructed in the following matters:

    a) two more individuals seeking to overturn their convictions sustained as a result of sting entrapments by the 'Fake Sheikh' Mazer Mahmood;
    b) a professional man facing allegations of pharmaceutical fraud;
    c) a finance professional accused of fraud;
    d) two senior finance professionals acting as NED's, facing investigation by HMRC and the FCA re regulatory and professional disciplinary issues.

  3. Miles Herman is acting for:

    a) a client facing investigation into money laundering to the value of £1.5million (cross border transactions);
    b) a senior finance professional accused of illegal pornography offences.

  4. Jeffrey Lewis instructed again by a client in another complex tax evasion allegation.

 

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NOV
15

Tesco Scandal - Allegations of Fraud and False Accounting

Back in 2014, the Serious Fraud Office (SFO) commenced a criminal investigation into accounting practices at Tesco in respect of an estimated £326 million missing from the supermarket group’s accounts. Although the investigation is still underway, the SFO has decided to prosecute three former executives in respect of their roles in the scandal. Last week, their trial date was set for next September, when they will each face charges of fraud by abuse of position and false accounting.

In this blog post, we take a look at these two offences and our approach to defending against allegations of serious financial misconduct. At Lewis Nedas Law, our solicitors have been successfully defending clients against allegations of fraud and other financial crimes for over 30 years. We are particularly well-known and respected for our work helping individuals and companies deal with regulatory and criminal business investigations, such as those conducted by the SFO. Our aim is to take action early on, to help mitigate the consequences. For more information on how we may be able to assist you, please contact us.

Fraud by abuse of position

The offence of fraud by abuse of position is one of three classes found in the Fraud Act 2006 (the other two offences being fraud by failing to disclose information (section 3) and fraud by false representation (section 2)). Although it shares some elements with the other two offences, such as the need for dishonesty and an intention to make a gain or inflict a loss, it is a distinct offence that is committed where someone:

  • • occupies a position in which they’re expected to safeguard another’s financial interests, or at least not act against those interests, such as a director in respect of a company or a trustee in respect of a beneficiary;
  • • dishonestly abuses that position, either by act or omission, by failing to safeguard another’s financial interests; and,
  • • intends, by means of that abuse, to: make a gain for themselves or another; or, cause loss or expose another to a risk of loss. This final element, i.e. there being no need for actual loss or gain and the risk being sufficient, is common across all fraud offences.

Because ‘abuse’ is not legally defined in the act, it can cover a wide range of acts or omissions. Further, there is no need for an individual to know that they are in a position where they’re expected to safeguard another’s financial interests – a conviction is highly likely to follow if the prosecution can prove that abuse was dishonest and there was an intention to make a personal gain or cause another loss. If an accused is convicted of fraud by abuse of position, the maximum penalty is imprisonment not exceeding ten years, an unlimited fine or both.

False accounting

The offence of false accounting is found in section 17 of the Theft Act 1968. It is committed where someone:

  • • dishonestly, coupled with a view to gain or with intent to cause another loss;
  • • destroys, defaces, conceals or falsifies any account, record or document made or required for an accounting purpose; or,
  • • furnishes information that produces or makes use of any account, record or document which, to their knowledge, is or may be misleading, false or deceptive.

This offence also covers a wide range of scenarios, including both the act of making a false entry and the omission of material particulars (where the omission may have the effect of significantly misleading), as well as covering someone who does not actually make a false entry or material omission but only concurs with the false entry or material omission. Further, a company will be guilty of the offence if it is committed by an officer of the company whose conduct can be attributed to the company.

Although the act doesn’t shed any light on the required degree of knowledge an accused must have in order to be guilty of the offence, the courts have clarified that the accused must have acted deliberately in making or concurring with a false account, i.e. they knew the account to be false or capable of being misleading. As such, the prosecution does not need to prove that there was an intention for any specific person to be misled. If an accused is convicted of false accounting, the maximum penalty is imprisonment not exceeding seven years.

Our approach to serious fraud defence

Our partner-led Serious Fraud team has vast experience defending complex fraud cases, many with a large international dimension. We employ our experience of working across jurisdictions in all cases being investigated by the SFO. Our multifaceted approach of involving specialist professionals to assist our client’s marks our Serious Fraud team out as a distinctive and progressive law firm that takes special care to protect our clients’ interests. We structure our approach to SFO investigations and prosecutions in a way that insulates our client’s from the majority of the administrative and logistical issues, allowing them to concentrate on working directly with our specialist solicitors to formulate a strategy to deal with the investigation. Find more information on SFO investigation and prosecution defence, and the approach of our pragmatic, practical and effective team here.

Lewis Nedas Law – Specialist Fraud Defence Solicitors London

Lewis Nedas Law have over 30 years’ experience successfully defending clients against fraud prosecutions. We are ranked in Chambers and the Legal 500 for the high quality of our fraud work. Our fraud solicitors are described as 'precise', 'steely determined' and 'always mindful of securing the best outcome for our clients'. Our specialist financial crime & fraud solicitors in the heart of London have extensive experience of preparing successful defences to fraud prosecutions including corporate fraud, whether these are brought by the Crown or a statutory body such as the FCA or the Department of Business innovation and Skills. Please contact Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or contact us online.

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1535 Hits
NOV
15

Militaria collector spared jail in another success for Lewis Nedas client and firearms law specialist Laura Saunsbury

ammunition 1In another success for firearms law specialist Laura Saunsbury and LNL, one of the country's most well known militaria collectors was spared from a jail sentence after pleading guilty to possession of a small quantity of live ammunition.

A two year ordeal which began in September 2014 finally came to an end in late September 2016 when Judge Carroll in sentencing our client at St Albans Crown Court stated "there is nothing wrong with your hobby... I accept you had no criminal intent". The case attracted considerable media attention, particularly at the time of our client's arrest and was later profiled on an episode of the BBC Countryfile programme.

A fireman with a keen interest in military history, our client admitted possession of a small quantity of live ammunition but was cleared of the majority of the charges.

Laura's careful preparation of the case, which included working closely with the leading independent expert witnesses on firearms and explosives, David Dyson and Stephen Aldred, was key to the successful outcome. In court our client was most ably represented by the specialist firearms barrister Nick Doherty who persuaded Judge Caroll that even a suspended prison sentence was not necessary and to limit our client's punishment to unpaid community work.

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1087 Hits
NOV
09

New Acquittals and Instructions for Lewis Nedas Specialist Crime and Fraud Lawyers

  1. handshake woman and manAnother acquittal in a rape prosecution trial for Lewis Nedas Law client.

    Siobhain Egan represented a businessman who faced two sets of separate proceedings involving rape and sexual assault allegations; he was acquitted at his first trial in July 2016 and again following the second separate trial in November 2016.

    The superb David Nathan QC represented Siobhain''s client at both trials;

  2. Jeffrey Lewis and Siobhain Egan instructed to advise upon potential appeal for individual convicted of £53 million fraud, which attracted nationwide publicity and subsequent confiscation proceedings .The appellant was represented by another firm of solicitors at trial;

  3. Unan Choudry is instructed in multi-million money laundering allegation.
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837 Hits
OCT
31

More Acquittals for Lewis Nedas clients and their Specialist Criminal and Fraud Lawyers

  1. gavel 2Leila Abdul-Rasool represented an individual facing allegations of historical sex assault and trial in the Crown Court. As a result of Leila's determined approach to both the preparation of the case and requests for disclosure, the CPS decided to drop the prosecution a week before trial;

  2. Siobhain Egan represented a banker facing a police investigation for fraud. As a result of strong representations made to the police, the investigation was dropped;

  3. Penny Muir represented defendants in three separate trials over the last two months, and all three of her clients were acquitted:

    a) In the first matter, she represented a man who was a professional in the financial services industry and had no previous convictions. He was charged with a number of offences of possession with intent to supply drugs, and also possession of counterfeit currency. The case took well over a year to come to trial and during that time, our client was extremely anxious and stressed. Penny instructed the brilliant young barrister, Sam Trefgarne, of 23 Essex Street Chambers, to represent him, and our client was acquitted after less than an hour’s deliberation by the jury. We are proud to say that Sam worked for a year at Lewis Nedas Law before taking up his place as a trainee barrister at chambers. We predict a great future at the bar for him;

    b) Penny’s client in the second trial was charged with two matters of false imprisonment and two matters of assault. The circumstances were very serious, and involved a dispute about money. Penny instructed Douglas Page of Breams Buildings, who dealt well with a number of difficult legal and factual issues in the trial, including the use by the prosecution of our client’s previous convictions in the case against him, but again the jury took just over an hour to acquit him;

    c) Finally, Penny represented a lady of previous good character who was charged along with others in a fraud and money laundering trial which lasted two weeks. Penny instructed the excellent Charles Langley of 2 Bedford Row Chambers and again, our client was acquitted by the jury. She was naturally delighted and relieved as her health had suffered due to the stress of the proceedings.

 

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1227 Hits

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