London | Frankfurt | Madrid | Milan | Rome

MODERN LAWYERSFOR CHANGING TIMES 'a City firm in a non-City location' - Legal 500

Lewis Nedas News

Lewis Nedas Law are London-based solicitors. Frequently rated in both Chambers UK and The Legal 500, we can help you or your business today. Tel: 020 7387 2032.
APR
20

Siobhain Egan instructed by a Director of offshore trusts subject to a joint NCA/HMRC operation, following earlier international arrests precipitated by the release of the Panama Papers

offshore accountsSiobhain Egan has been instructed by a Director of offshore trusts, subject to a joint NCA/HMRC operation. This arose following earlier international arrests concerning a multi million VAT fraud which was precipitated by the release of the Panama Papers.

HMRC announced in April 2016 that they would immediately and aggressively investigate the huge amount of information affecting UK Nationals.

We have been asked to advise individuals who have made voluntary disclosures to HMRC about monies and assets off shore, who intend to bring the same on shore and by those concerned about criminal investigations and prosecutions.

The Revenue have no qualms about how this data was obtained or seemingly any concerns about the potential admissibility of the evidential material; it was effectively stolen after the law firm at the centre of the leak, Mossack Fonseca, was apparently hacked and the information passed to the International Consortium of Investigative Journalists.

We know following the Swiss HSBC information theft in 2010, one individual was prosecuted by HMRC (successfully represented by Jeffrey Lewis of this firm) using information which showed that many hundreds of UK nationals held secret Swiss bank accounts.

We expect HMRC to adopt the same bullish approach with the Panama Papers, confident that the likely response to any legal arguments re exclusion of stolen evidence will be rejected by the Courts, and that the material will be deemed relevant and therefore admissible, regardless of the circumstances surrounding its acquisition.

In the HSBC investigation, HMRC were clear that they had not paid for the Swiss HSBC information and they would appear to be very sensitive about that particular issue, as we saw after the Julius Baer bank information theft in 2012, when HMRC released a very carefully worded response to that incident that they 'would not actively seek to acquire customer data stolen from the Swiss bank' because the employee responsible for the theft was paid by another tax authority for the information.

As yet, nobody knows the full circumstances of the Leaking of the Mossack Fonseca material.

 

If you are affected or likely to be affected by HMRC or NCA investigations into assets/monies held off shore, which could lead to tax evasion or money laundering prosecutions, please contact either Jeffrey Lewis or Siobhain Egan of Lewis Nedas Law, to discuss any if these issues. We work with leading tax investigation specialist accountants who can also assist.

Contact us on: 02073872032 or use our on line enquiry facility at www.lewisnedas.co.uk

Continue reading
508 Hits
APR
19

Giovanni Lombardo interviewed by Sky Italia

press conferenceOur Italian law specialist, Giovanni Lombardo, has been interviewed by the Italian TV company Sky Italia about the differences between the criminal justice systems in Italy and England and Wales.

Continue reading
273 Hits
APR
19

Fare Evasion ....online (in)justice on the horizon?

Fare Evasion costs rail companies millions of pounds each year ,and both the companies and government are determined to do something about it . Since the Joint Prosecuting Protocol( July 2015) prosecutors and rail companies view persistent fare evasion as fraud and prosecute accordingly .

In February 2017 , the Government following a Consultation announced a 'wholesale shift to access justice digitally , this will allow those facing a ,currently ,limited number of supposedly low level criminal offences to be dealt with on line .One of these offences is fare evasion.

An individual facing an allegation of fare evasion only has to click onto the website , enter a guilty plea and receive a pre determined fine and compensation order AND a criminal conviction .
The Government stresses that this system is entirely voluntary and is NOT suitable for those who wish the prosecuting authorities to take MITIGATING circumstances into account

Let's look at this carefully ... a conviction for fare evasion ( even one prosecuted under the Railways Act bylaws) is considered by most employers and professional regulatory bodies as convictions of dishonesty which can lead to immediate dismissal and or/ professional sanction .
It's accurate to say that in time these offences become 'spent ' and it can be unlawful for employers to ask if a potential candidate has a criminal conviction , but unfortunately that doesn't stop them .
Many employers insert clauses in employment contracts that stipulate that an employee must notify them of any pending and actual criminal prosecution . Failure to do so can lead to immediate dismissal .
Certain jobs demand enhanced Disclosure and Barring Service checks , and an employer will take such a conviction into consideration when making the decision to recruit .

Further in our experience ,every individual facing a such an allegation has mitigating circumstances that can be used to dissuade the rail authority from prosecuting , it's a question of identifying the mitigation and putting it to the authority in an attractive way .
Most of the rail authorities take a 'firm but fair ' approach , and the majority take a very firm approach to persistent fare evasion and /or the abuse of privilege or free travel passes .

We successfully defended the leading case in this field , which involved a Senior Financier who was , rather inaccurately , accused of fare evasion spanning many years . It attracted Nationwide publicity ,led by The Daily Mail and The Times and prompted the drafting of the Joint Prosecuting Protocol in July 2015.
We managed to dissuade the Police from prosecuting our client ,after raising legal argument .

Since 2014 we have successfully defended hundreds of clients , most of whom have come from business or professional backgrounds , who simply cannot afford to have a criminal conviction or the risk to their employment or profession .We have defended doctors , nurses , lawyers , University professors , social workers ,bankers , accountants , financiers ,journalists , university students , charity trustees ,teachers to name but a few .

Anybody who has FCA authorisation would have good reason to worry ,because this organisation takes a particularly draconian approach to these offences .
We have years of experience when it comes to defending FCA Regulatory and disciplinary proceedings .

It can affect immigration status ,your ability to raise loans or credit or even to get insurance .

What should you do if stopped by a Ticket Inspector?

First of all stay calm ... don't make up a silly or false explanation .... answer their questions honestly and in full .
Remember they are not trained police officers and they can often make important mistakes when noting responses and gathering evidence , which you should scrutinise carefully for accuracy .
Most rail authorities ( but by no means all ) will write to you within a few weeks , and send a letter entitled Notice of Intended Prosecution ,... please do NOT ignore this letter . It's vital that you respond promptly and it's a good time to consult a genuinely experienced solicitor.
This is your opportunity to try and deflect the prosecution and to persuade the prosecution to agree to an out of court settlement .
If you ignore the original letter then the next correspondence that you will receive will be a Court Summons .

How can we help you?

As highly experienced and successful criminal ,fraud and regulatory specialist defence lawyers , we adopt a legalistic approach to these cases .
We have established working relationships with most of the Country's rail authorities and understand immediately what mitigation will appeal to the prosecutors .
Our approach genuinely works in the overwhelming majority of cases , one of our colleagues has only lost one case in three years and was the lawyer who defended the leading case in this field , as mentioned earlier .

How much will it cost?

We do charge , and give an accurate estimate of the range of legal costs involved from the outset .
We do not offer a fixed fee basis of costs , this is because most cases take a great deal of time and care . We want to do the very best that we can for you , because we fully understand what is at risk for you .
We are a legal business ,and as solicitors sell our time and expertise .
Some cases involve quite complex mitigation and that can take time .

Currently most rail companies when assessing the cost of an out of court settlement will calculate as follows:
The cost of the missing rail fares and a contribution towards their investigative and legal costs .It is still a relatively small price to pay when your professional future is at stake .

If you feel that we can help you please contact us on 02073872032 or use our online enquiry service.

Continue reading
499 Hits
APR
13

New instruction in a large criminal defence case

Sean Reilly has been instructed in a large sexual abuse prosecution, by two of 22 defendants brought by Thames Valley police in Oxford. This case attracted national headlines.

Continue reading
357 Hits
APR
12

Lewis Nedas Law welcome criminal defence specialist Ayeh Nowroozi

lewis nedas new staff femaleLewis Nedas are delighted to announce that criminal defence specialist, Ayeh Nowroozi, has joined the firm as a consultant solicitor. 

Ayeh has a long standing following within the Iranian community amongst a number of communities, and specialises in the defence of high profile complex crime.

Continue reading
372 Hits

Accreditations
and Awards

legal 500 uk leading firm 2017 chambers leading firm 2017