Michael Marsden and Leroy McIntosh appealed against confiscation orders in the sum of £3.6 million each, contending that the Judge had misdirected himself in law. The appeals concerned the proper approach the court should take where a defendant is found to have been untruthful about his realisable assets.

The dismissal of the appeals brought to a conclusion proceedings that had lasted for almost 9 years. The appellants had been arrested in 2002 and convicted in 2005 of conspiracy to cheat the public revenue – the total loss as a result of this MTIC fraud was estimated to be in excess of £35 million.

The Court underlined the importance of the statutory framework within which judges must work in order to assess the amount that might be realised and emphasised that the court must answer the statutory question in s.71 (6) in a just and proportionate way. A just and proportionate view of the facts as a whole may result in a defendant satisfying the evidential burden even when he himself has proven to be untruthful or unreliable. This was not the case with these two defendants and the appeals were dismissed.

Mukul Chawla QC and Alexandra Healy QC, instructed by John Milner of Irwin Mitchell Solicitors, have successfully concluded the defence of a man charged with conspiracy to cheat the public revenue of some £180 million.

The prosecution alleged that the conspiracy to cheat arose in relation to MTIC “Contra Trading” involving mobile telephones and is believed to be the first contra trading case that has been the subject of criminal investigation and prosecution. The investigation generated a colossal amount of material obtained both in this country and abroad and resulted in the Prosecution case comprising some 120,000 documents.

The acquittal of the defendant on the 14th June 2011 came at the conclusion of a trial lasting 5 months at Kingston Crown Court. The defendant was one of 6 defendants who stood trial and one of only two whom the Jury acquitted. Reporting restrictions imposed by the Court prevent further disclosure of the details of the case at this time.

Date: 7th October 2011
Venue: Mary Ward House, 5 – 7 Tavistock Place, WC1H 9SN
Time: 10am – 5pm
Cost: £150 per delegate

Baroness Hale, Lord Alex Carlile QC, Johannah Cutts QC, Jonathan Davies, Julian Sheather (BMA), Fleur Sharman (BUPA), Robert Eckford (Office of the Official Solicitor) Edd Carter (London Metropolitan University) and Julie Hine (Office of the Official Solicitor) will be addressing the significant relationships with other legislation that were not necessarily envisaged when the Mental Capacity Act 2005 was drafted.

The conference will examine the various interface issues between the MCA (2005), Human Rights Act (1998), National Assistance Act (1948), Children Act (1989), Mental Health Act (1983) (2007), Sexual Offences Act (2003), Criminal Procedure Act (1991), and the implications for both the people who are affected by the MCA (2003) and the professionals who implement the legislation.

For all enquiries or tickets please contact Tina Davey on 07976275032 or t.davey@9-12bellyard.com

Jason Sugarman is leading Timothy Thomas from Lombard Chambers, defending a Company Director in a Serious Fraud Office Prosecution before His Honour Judge Overbury at Ipswich Crown Court . The case concerns the sale of millions of shares in an International Bio-Fuel Company to members of the public via “boiler house” share sales offices in Spain prior to an attempted flotation on the Frankfurt Stock Exchange. This trial concerns 7 defendants and is connected to a series of trials Prosecuted by the Serious Fraud Office. This trial is likely to last 3 months. Jason Sugarman is instructed by the international law firm DLA Piper’s Manchester office.

Constance has been awarded the Honorary Doctorate for her significant contribution to her area of expertise and for being an outstanding and inspirational role model. The ceremony will take place on the 7th September.

Richard Jory prosecuted the case of three Iraqi nationals concerned in the importation of opium on a massive scale. Saiwan Achmad, described by the judge as the main organiser within the conspiracy, was sentenced to 18 years imprisonment following trial at Croydon Crown Court, where the evidence suggested that he had been concerned in the importation of hundreds of kilos of opium over an 8 month period. His two co-defendants, who had pleaded guilty at earlier hearings, received sentences of 11 and 9 years respectively.

Jonathan Kinnear and Nick Chapman have successfully completed the final prosecution in a series of linked cases involving MTIC (carousel) fraud on a massive scale. Kuldip Singh Sander was today sentenced to 7 years’ imprisonment for his role as the head of a money laundering branch of an organised criminal group. Over the space of 4 months in 2002, Mr Sander’s group laundered over £5m of the proceeds of the fraud. A further £3m of the proceeds was funnelled through a false bank account which Mr Sander had helped to set up with a corrupt Barclays Bank manager.

Sean Iran was convcited of the murder of Stefan Welch with whom he had been in prison. Iran’s father and brother were also convicted of taking the body to Devil’s Dyke Golf Course near Brighton and setting it on fire. To read more: http://www.bbc.co.uk/news/uk-england-sussex-12921421

Congratulations go to Natasha Barnes who ran the 5k in Regents Park today with ease, coming in third overall in 22 minutes and 10 seconds. The rest of the Belles took slightly longer but many came in under 30 minutes (or very nearly!). Now that the Belles have proven that they can do it, and if you haven’t already, please help them reach their fundraising target and sponsor them at http://www.raceforlifesponsorme.org/9-12BellYard2011. Elizabeth, Alex, Claire and Katherine are not content with 5k and will go on to run the 10k Race for life on the 30th July in Clapham – surely that deserves a donation? No amount is too small and all donations are much appreciated. Thank you

Richard Jory, Neil Griffin, Ellis Sareen, Tracey Elliott, Tina Davey, Abigail and Hannah joined over 5,500 other walkers last night to walk the 10k London Legal Walk. The total amount raised was £460,000 for legal advice centres in and around London. You can still sponsor the team by going to http://uk.virginmoneygiving.com/team/9-12BellYard
Thank you for your support