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

JUL
14

New instructions and results for Lewis Nedas Law specialist HMRC and fraud defence solicitors

  1. HMRC SIGNSiobhain Egan has been instructed by a businessman facing a long running VAT fraud investigation by HMRC;

  2. Siobhain successfully represented two Directors of a specialist market research company facing a fraud investigation; the matter was dropped by the investigating authorities after detailed representations were made by Siobhain, relating to the strength and continuity of the evidence;

  3. Siobhain also represented an academic facing allegations of fraud and criminality; the matter was resolved using a civil remedy after robust representations were made by Siobhain.

    

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JUN
16

Recent successes for Lewis Nedas Law specialist Serious Crime defence solicitors

  1. criminal defenceAcquittal in kidnap prosecution; Sean Reilly acted for an individual accused of a number of allegations including kidnap and false imprisonment; he denied the allegations and faced trail at the Crown Court. He was acquitted after legal argument raised by the excellent John Carmichael of Counsel.

    James Reilly was instructed by another law firm to act as advocate for the co-defendant, who was also acquiited after legal argument;

  2. Unan Choudhury represented a young defendant, who faced a multi defendant indictment concerning a gang land stabbing. After Unan submitted detailed and strong submissions to the CPS, the prosecution was discontined against our client.

       

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MAY
31

New instruction in Corporate Manslaughter Prosecution

  1. corpmanMiles Herman has been instructed to advise a company facing a prosecution for Corporate Manslaughter, following the death of an employee of the company.

    We have been successfully advising and defending companies with such issues for many years; if your company is in a similar situation please contact us on 02073872032 or email us using our online enquiry facility at www.lewisnedas.co.uk

  2. Siobhain Egan has also been instructed to act for a businessman and a scientist, both of whom are being investigated by the Met's child abuse and exploitation squad. 
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APR
12

Recent results for Lewis Nedas Law expert criminal defence lawyers

  1. gavelExcellent historic sexual allegation result for Lewis Nedas client and Tony Meisels; Tony represented an individual facing a long history of allegations of historic sexual assaults and rapes by family members, which were said to occur when all parties were either children or in their teens. Tony instructed the excellent Dee Connolly of Counsel. The client entered guilty pleas to two counts concerning one individual but denied the remaining allegations.

    As a result of detailed and difficult preparation for trial and Ms Connolly's superb advocacy, our client was acquitted of the numerous remaining allegations. He was sentenced by a highly experienced trial Judge and received a suspended sentence of imprisonment and a community sentence. The CPS then decided to Attorney General (AG) Reference the case, on the basis that they felt the the sentence was too low and inappropriate. Tony and Ms Connolly drafted a clear and comprehensive letter of objection to such a course, explaining the full circumstances and what had happened in court. This was enough to persuade the CPS to drop their proposed AG Reference.

    We have been successfully defending sexual allegations for many years, including the often more complex, difficult and sensitive historic sexual abuse allegations. We do so discreetly and in a low key manner, at reasonable rates and using the very best advocates and experts.

  2. Siobhain Egan successfully represented a political lobbyist investigated for dishonesty allegations; After making strong representations to the investigating authority, all matters were dropped;

  3. Another successful outcome for firearms specialist Laura Saunsbury; In February 2017 an ordeal lasting nearly a year finally came to an end for a firearm and shotgun certificate holder who was accused of threatening his neighbour with a machete. Our client was acquitted following a two day trial at Lewes Crown Court. The case was expertly prepared by our firearms and weapons law specialist Laura. At the trial our client was skilfully represented by barrister Zeena Begum of 4 Kings Bench Walk, as demonstrated by the fact it took the jury only 18 minutes to reach a unanimous not guilty verdict. In expressing his appreciation our client had this to say about the way we handled his case: “I truly believe without Laura and Zeena I would have lost my case. So happy and relieved they got justice for me”.

             

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MAR
29

Cash seizure and restraint - latest developments

We are increasingly instructed to represent individuals who have had cash restrained which they had in person , or in their bank accounts .

The monies (over £1000.00) are seized and restrained by the authorities such as HMRC , NCA, the Met police , City of London Police and Customs & Excise  to name but a few , if they suspect that the monies are the Proceeds of Crime .

The definition of proceeds of crime is very wide ... it includes Terrorism Financing , fraud , sanction offences , Modern Slavery Act, fraud , tax evasion, money laundering  and people trafficking .

Their powers to do so are contained within the Proceeds of Crime Act 2002( ss289 and following )  POCA ,and are often used by the authorities to 'disrupt ' what they believe to be criminal activity ... frankly it's quicker and more effective than pursuing  expensive and lengthy criminal prosecutions .

Additionally ,perhaps stung by criticism of their approach to money laundering  by various international authorities ,they have become more pro- active in their approach . As a result they work closely with the banks and leading international financial institutions ,to report suspicious activity ( SAR reports ) movements and transactions on accounts .

It was recently reported that a number of people traffickers were identified to the NCA because of activities on their bank accounts .Apart from reporting information to the authorities the banks will also work closely with them when it comes to freezing accounts or moving suspicious monies .

Further it seems that the authorities are scrutinising the activities of money exchangers or brokers and bureaux who transfer funds , usually from abroad , and very often using Islamic Financial systems .

Some leading money broker agencies have been investigated and closed down by the authorities over the last two years in the U.K.

They are of the view that the involvement of money exchangers( Hawala brokers )gives rise to the suspicion of money laundering .

The Hawala system involves the transfer of monies based on a system of trust ,without any movement of monies .

We have successfully argued against this in a number of cases on behalf of clients .

Some jurisdictions simply do not have safe , independent , reliable banking systems and people living here will want to transfer monies to relatives living in those jurisdictions and who are dependent upon those monies .

What can the authorities do ?

Initially they can within 48 hours of the seizure of monies apply to the relevant Magistrates Court for an initial Restraint period of up to 90 days .

They can restrain the monies for an overall period of up to two years , and at any time during that period apply to formally forfeit the monies .

These are civil proceedings heard in a criminal court and the burden is on the individual ,in original possession of the cash ,to prove to the court upon 'the balance of probabilities ' that the monies are completely legitimate and not the proceeds of crime .

There will be a number of intermediate  hearings before the final hearing when the issue will be determined by the Court .

What can you do ?

If you find yourself in the position of having funds restrained , it will fall upon you to prove that the monies are legitimate .

It can mean that you will have to overcome significant hurdles particularly if the funds have come from abroad .In essence you will have to provide an immaculate paper and money trail to the satisfaction of the Court .

In a very recent case , we represented an academic living in the U.K. Who had received over £800,000 in his account , which represented the proceeds of sale of an inherited property in Pakistan .

The purchaser insisted upon using money exchangers to process the monies which arrived in several lesser amounts in our clients account , against his who had asked for a bank to bank transfer .

When the £800,000 finally arrived in his account and was immediately transferred to a secret escrow account by the bank without notice . After the monies were moved , our client received a call from HMRC demanding an immediate interview .

We were instructed to act , asked for a weeks reprieve in order to enable us to work with our client to prove the complete money trail , with supporting paperwork that had to be officially translated and stamped as authentic by the British Consulate and all the relevant banking institutions in Pakistan  .Additionally , that paperwork had to be supported with sworn affidavits by those involved.

It took a great deal  of work and long hours (not least because of the time difference between here and Pakistan ) Our client was interviewed at length by HMRC who were served with a complete bundle of documentation by our client and ourselves .

At the end of a tough interview HMRC agreed to refund the full £800,000 and not restrain the monies .

This is just one example of a successful resolution that we have dealt with  and how we have helped an individual secure the return of his monies .

We have dealt successfully with many of these cases , e.g. Over 100 clients whose monies and assets were seized as a result of Operation Rize , all of who had their monies returned by the Met .

Please note that there is no state or legal aid funding for such legal work , legal fees have to be met privately .

It's important before you decide to instruct lawyers to assist you , that it will be cost effective for you to do so .

If you need advice and assistance convening the seizure and restraint of monies please contact us at Lewis Nedas Law , either telephone us on 02073872032 or email us using our online contact form.

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