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:

  • 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)
  • SFO v Bates (Operation Anderson)
  • Darren Richard Leitch t/a London Mobile Communications v HMRC [2012] UKFTT 229 (TC)
  • Option NCT Ltd v HMRC [2011] UKFTT 768 (TC)
  • Fusion Electronics v HMRC [2011] UKFTT (TC)

Criminal & Civil Fraud and Ancillary Orders Barristers

Michael Bowes QC

Call: 1980 Silk: 2001

Ben Compton QC

Call: 1979 Silk: 2011

Richard Hitchcock QC

Call: 1990 Silk: 2014

John McKendrick QC

Call: 1999 Silk: 2016

Nick Johnson QC

Call: 1994 Silk: 2016

Fiona Horlick QC

Call: 1992 Silk: 2019

Paul Rogers

Call: 1989

James Leonard

Call: 1989

Matthew McDonagh

Call: 1994

Oliver Powell

Call: 2006

Alex Haines

Call: 2007 (England & Wales); 2019 (New York); and 2020 (Ireland)

Justina Stewart

Call: 2010

Sophie O’Sullivan

Call: 2011

Stephen Doherty

Call: 2013

Jeremy Scott-Joynt

Call: 2018

Joshua Hitchens

Joshua Hitchens

Call: 2018

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