Members of Outer Temple Chambers’ Business Crime & Regulation team have appeared in some of the biggest and most high-profile fraud cases in the UK and overseas, and so are uniquely placed to assist in criminal and civil fraud matters. Our unparalleled expertise in financial services, financial crime and regulatory enforcement, together with our international reach, mean that OTC is able to assist with the most complex fraud investigations and litigation spanning multiple areas of law and jurisdictions.

Members of our chambers regularly act for regulators, businesses, regulated firms and private individuals in significant fraud litigation. Chambers is regularly instructed in investigations conducted by the Serious Fraud Office, acting for the SFO, corporate entities or private individuals. Recent instructions include the LIBOR, FOREX and Capital-raising-related investigations. In addition, our members appear in Proceeds of Crime Act proceedings that have their genesis in fraud-related matters, such as applications for Restraint Orders, Confiscation Orders, Account Freezing Orders, and Unexplained Wealth Orders.

Our civil fraud expertise includes conspiracy, asset-tracing and claims against financial institutions framed in the economic torts. Recent instructions of note include acting for an international private bank in a claim for breach of the banking contract and duty of care (in connection with POCA) and advising a shareholder in an intimidation, duress and unlawful means conspiracy claim (out of jurisdiction) against a Russian bank for misappropriation of shareholding. The team prides itself on its ability to assist on an urgent basis and is well-versed in obtaining freezing injunctions (domestic and worldwide) and search orders at short notice. Chambers is well-represented too in the field of civil fraud litigation involving cryptoassets, with members having played a part in several of the key cases in this emerging and rapidly-evolving area of the law.

Much of OTC’s work spans different jurisdictions and we have particular expertise in the United States, Middle East, Caribbean and Latin America regions. We are regularly instructed in investigations instituted by US agencies such as the Department of Justice, Securities and Exchange Commission, Commodity Futures Trading Commission and Federal Reserve. Our Business Crime & Regulation team includes barristers qualified to practice in New York, across the Caribbean, and in Ireland, Dubai and Abu Dhabi. Members are regularly instructed in international cross-jurisdictional litigation and investigations abroad or spanning multiple jurisdictions.

Criminal & Civil Fraud and Ancillary Orders Experience

Our work includes matters relating to:

  • Abuse of position
  • Account Freezing Orders (AFOs)
  • Banking fraud
  • Company fraud
  • Conflict of laws
  • Conspiracy to defraud
  • Constructive trusts
  • Conversion
  • Deceit
  • Dishonest assistance
  • False accounting and false statements
  • False representation and deception
  • Fraud investigations
  • Fraudulent trading
  • Freezing injunctions (domestic and worldwide)
  • International fraud
  • Insolvency fraud (transactions at an undervalue, transactions defrauding creditors etc.)
  • Investment fraud
  • Knowing or unconscionable receipt
  • Proprietary injunctions
  • Search orders
  • Sham trusts
  • Tax fraud
  • Tracing
  • Unexplained Wealth Orders (UWOs)
  • Unjust enrichment

Members of our Business Crime and Regulation team have been involved in a number of high profile POCA and asset forfeiture cases:

  • Ellis v Babushkin Shehadi & Ors – Concerns a claim arising out of an alleged multi-million-pound cryptocurrency fraud being heard in the commercial court. This is one of the first cases of its kind, involving the cross-border tracing of digital currency through exchanges and digital wallets.
  • Eurasian Natural Resources Corporation Limited v Gerard, Dechert LLP & The Director of the Serious Fraud Office – Instructed to advise a high-profile individual involved in a complex, multi-party action raising wide-ranging allegations including professional negligence, inducing a breach of contract, inducing a breach of fiduciary duty and misfeasance in public office. Claim valued at £70m.
  • Cessfin Ventures LLC v Ghaith Hamel Khadem Al Ghaith Al Qubaisi – Application for a worldwide freezing order arising from attempts to enforce a final arbitration award in a New York seated ICC arbitration and a parallel claim in New York.
  • FCA v Micallizi – Involved a massive hedge fund fraud, leading to the (then) largest penalty of its kind ever issued.
  • Barclays Bank plc v Shetty – Concerns a high-profile fraud, involving proceedings in multiple jurisdictions.
  • Ignite International Brands Limited & Anor v Inpero & Anor – £3m civil fraud case before the High Court, concerning fraudulent misrepresentation in which a manufacturer and sales agent invented orders from customers in order to cause the Claimant to needlessly manufacture goods. Following the termination of the agency agreement, the defendant stole approximately £1.7m of goods and sold many of them at a heavy discount for the Defendant’s own benefit.
  • Kuwaiti Oil Tanker Company v Q, A and others – Instructed on behalf of a state-owned oil company in a dispute arising out of a US$130million fraud.
  • Acting for an international private bank in a claim for breach of the banking contract and duty of care.
  • Advising a shareholder in an intimidation, duress and unlawful means conspiracy claim (out of jurisdiction) against a Russian bank for misappropriation of shareholding.
  • Operation Braid (ongoing) – Largest ever financial investigation conducted in the Isle of Man. Concerns an inquiry into multi-jurisdictional tax fraud, money laundering and other related financial crime.
  • SFO v Saghir Afzal – enforcement proceedings arising out of a £30 million confiscation order.
  • Operation Craggily – frozen funds investigation arising out of a suspected $8 million fraud committed against an African government.
  • R v FD (POCA) – in £14 million confiscation proceedings arising out of corporate fraud and money laundering offences.
  • Iran Investment Company Limited v Kittalides – unlawful means conspiracy.
  • Kevin Hellard v Ronald Wyatt – allegations of fraudulent trading, wrongful trading, misfeasance and breach of director’s duties.
  • SFO v Daniel Gooding & Others (POCA) (Operation Steamroller)

Criminal & Civil Fraud and Ancillary Orders Barristers

Ben Compton KC

Call: 1979 Silk: 2011

Richard Hitchcock KC

Call: 1990 Silk: 2014

John McKendrick KC

Call: 1999 Silk: 2016

Fiona Horlick KC

Call: 1992 Silk: 2019

James Leonard KC

Call: 1989 Silk: 2023

Paul Rogers

Call: 1989

Matthew McDonagh

Call: 1994

Oliver Powell

Call: 2006 (England & Wales); 2010 (Eastern Caribbean Supreme Court (BVI))

Alex Haines

Call: 2007 (England & Wales); 2019 (New York); 2020 (Ireland); and 2024 (District of Columbia)

Helen Pugh

Call: 2008

Justina Stewart

Call: 2010

Sophie O’Sullivan

Call: 2011

Stephen Doherty

Call: 2013

Joshua Hitchens

Call: 2018

Jeremy Scott-Joynt

Call: 2018

Salomé Lemasson

Call: 2014 (Paris); 2020 (Berlin)

Chaitanya Kediyal

Chaitanya Kediyal

Call: 2022

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