Case Studies

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Cases.

At Osborn Knight, we work with a broad range of fraud, money laundering and POCA issues. Our wide-ranging experience, flexibility and creative approach allow us to address your case with an open mind, providing you with the best possible advice.

We have dealt with a variety of cases.

1. Fraud

R v. MOK & Others - Leeds Crown Court.

Complex multi-defendant case prosecuted by York Trading Standards. A fraud perpetrated on the subscribers to a website for tradespeople. Our client was the lead defendant as the prosecution believed he was the controlling mind behind the scam. We were able to show that our client had nothing to do with the management of the organisation and was merely a consultant.

Our client was the only defendant acquitted.

 

R v. W - Leeds Crown Court.

Counterfeiting case, we represented the lead defendant. The case involved us making enquiries in Hong Kong and tracing the supply chain of the alleged counterfeit goods. We discovered that there were international licencing issues which did not mean that the goods were fake. Following our submission to the court; the prosecution withdrew the case against all the defendants in this matter.

 

R v. F - Southwark Crown Court.

£3m Banking Fraud. We represented the bank manager in this City of London Banking Fraud. The prosecution alleged that the bank manager was acting beyond her duties and falsifying bank records. Although a very complicated case, we were able to present the matter to the jury in a form that they could understand which resulted in the acquittal of our client.

 

R v. M & Others - Kings Lynn Crown Court.

Election Fraud we represented one of the officials from the local Labour Party.  The prosecution alleged that thousands of ballot papers had been falsified and then submitted to the local authority for counting via the postal voting system.

 

R v. K & Others - Preston Crown Court.

£10m Insurance Fraud involving a Solicitor, an accountant, a property surveyor, a businessman and members of his family, we represented a family member accused of laundering money on behalf of her brother. Our client acquitted after trial.

 

R v. M & Others - Manchester Crown Court.

A £10m Immigration/Naturalisation Fraud. We represented a banking official accused of issuing false banking documents to assist the gang in making false applications for naturalisation.

 

R v. N & Another - Preston Crown Court.

Data Fraud – valued at £3m, the Information Commissioner’s Office alleged our client to have dishonestly used subscription fees to back personal investments.

 

R v. W - Manchester Crown Court.

£1m Benefits fraud. We represented a benefits officer who was fraudulently processing benefit cheques for her friends and family. We were abe to show that some criminally sophisticated individuals had exploited our client's vulnerability.

 

R v. A - Manchester Crown Court.

£1.3 million benefit fraud perpetrated by an accountant. Our client admitted his involvement and a community order made. The local authority accused him of making a false claim for housing benefit and home improvement grant.

 

R v. DG  Lincoln Crown Court.

Director fraud. Our client was alleged to have embezzled money out of his company. Community Order made.

 

R v. SG - Chester Crown Court.

Director - admitted to VAT Fraud. The criminal VAT money was used to expand a failing business. Our client received a Suspended Sentence.

 

2. Money Laundering.

R v. MD. Sheffield Crown Court.

£4 million currency exchange fraud. The police alleged that out client had used his portfolio of businesses to launder illegal money obtained through a mortgage fraud.

 

R v. JS. Burnley Crown Court.

£2 million money laundering through properties and companies. Blank cheques being used to facilitate the laundering. Mr JS described as the facilitator with a 10% stake in the money laundered. The judge showed leniency on sentence.

 

R v. W - Chester Crown Court.

£100,000 laundering operation through false wage slips. Drugs money was diverted back to the suppliers through false wage slips and accounting.

 

R v. AZ - Leeds Crown Court.

£3.5 million money laundering through cash collections and overseas transfers. The prosecution in this instant could not show that the money in question had been obtained through Fraud.

 

R v. A - Grimsby Crown Court.

Cash concealed in a cupboard. Our client had a poor choice of friends who did not hesitate in asking our client to hide the drugs money for them. Fortunately, we prepared a sentencing bundle for the judge who allowed her to find exceptional circumstances and not send our client to prison.

 

R v. WR - Preston Crown Court.

Solicitor alleged to be money laundering via the conveyancing transaction. The prosecution claimed that our client, a practising solicitor, should have known better. We illustrated that our client made all proper and reasonable enquiries and had complied with his legal obligations. Our client acquitted after the trial.

 

R v. M - Leeds Crown Court

£3.8m stolen from a company and laundered through properties used as SPV's (Special Purchase Vehicles).

 

3. Cash Seizure, Detention & Forfeiture.

Police v. L - Greater Manchester Police.

£3,000 Cash Seizure - business - money for entertaining. Money returned.

 

HMRC  v. Z - Heathrow Airport Police Cash Seizure.

€100,000 Cash Seizure from our client, a Portuguese lawyer. Money returned.

 

Lancashire Police v DS

£180,000 seized by the police and forfeiture proceedings commenced. We were able to show that the monies belonged to our clients business and provided evidence about the same; the monies were returned.

 

HMRC v. M Cash Seizure Manchester Airport Police.

Holiday money seized on historical basis/police intelligence. Money returned.

 

 

4. Restraint Orders.

Re: D - Sheffield Crown Court.

Discharge of £2 million restraint order – company director and business assets. Our client was involved in an international money laundering operation.

 

Re: C - An accountant's wife.

Wife's money and assets restrained - order varied. Police alleged that our client's wife benefitted from her husband’s criminality. We were able to show that she was financially independent and therefore did not benefit.

 

York Trading Standards v.  M – York Crown Court.

Breach of restraint order – contempt proceedings - not proven.

 

R v. P - Bolton Crown Court.

Company assets restrained - Co-director and wife's  interest. Restraint order varied to release wife's assets.

 

R v. F - Manchester Crown Court.

Third party money restrained in a bank account - family assets - released.

 

R v. W - Leeds Crown Court.

Vary restraint order to pay, wages, employees and business expenses and personal expenses.

 

R v. D - Sheffield Crown Court.

Vary restraint order during the ongoing investigation and before charge. Order discharged.

 

R v. MA - Leeds Crown Court.

Variation of restraint order to pay living expenses and payments on Ferrari motor vehicle. Order varied.

 

 

5. Confiscation - Proceedings & Orders.

R v. C – Leeds Crown Court.

VAT fraud and gold bullion - £3 million POCA Proceedings - Allegation of hidden assets rebutted.

 

R v. MS – Liverpool Crown Court.

Serious drugs conspiracy - acting as a courier - £32 million confiscation proceedings initiated - £1500 settlement!

 

Kirklees Trading Standards v. MC. Bradford Crown Court 

Trading standards - counterfeit goods - £8 million confiscation proceedings initiated.

 

R v. A - Manchester Crown Court.

Accountant - confiscation Proceedings £1.3 million - £43,000 settlement.

 

R v. MD - Manchester Crown Court.

Conspiracy to supply drugs - businessman - confiscation proceedings £3 million - £34,000 settlement.

 

Re: TBB - Third Party Interest.

Director - Shares in the business valued at £1million - confiscation proceedings - assets preserved.

 

R v. RM - Peterborough Crown Court.

Supplying cannabis to friends - confiscation proceedings - £600,000, - settlement £10,000.

 

R v. IS - Wolverhampton Crown Court.

Confiscation order - insurance fraud £650,000 - S.22 POCA reconsideration of available amount. £5,000 on settlement.

 

R v. P – Shrewsbury Crown Court/Court of Appeal.

Previous confiscation order – entrepreneurship –Section 22 application to re-open.

 

R v. KA - Grimsby Crown Court.

Commercial supply of class A drugs - community order made. Prosecution persuaded NOT to instigate confiscation proceedings.

 

R v. HM - Manchester Crown Court.

Naturalisation fraud. Prosecution persuaded NOT to instigate confiscation proceedings.

 

R v SPR – Luton Crown Court.

Conspiracy to supply drugs – 1 kg cocaine valued at £40,000. Prosecution persuaded NOT to instigate confiscation proceedings.

 

Third-party applications in confiscation proceedings.

R v. MB - Leeds Crown Court / The High Court, London.

Third Party - land confiscated - claimed by brother. Land preserved.

 

R v. P - Burnley Crown Court.

Third Party - property claimed by parents. Property preserved.

 

R v. O - Newcastle Crown Court.

Third Party - Wife claimed whole property.

 

6. Global Crime.

G v. A - The High Court, UK.

Civil recovery, director fraud, £5m - Shareholder located overseas.

 

BS v. TC - The High Court, UK.

£600,000 Telecoms fraud - contractual payments not made. Forged banking documentation produced.

 

T v J - The High Court, UK.

$3m Investment Fraud - Overseas USA  investor. Money diverted through Mauritius back to the UK.

 

M v. Y - Dubai Courts.

UK Director - defrauded by UAE Co-director embezzling funds - UAE.

 

Re: D

Instructed to advise a company based in Malta. An employee found to be secreting company funds into a secret PayPal account. The company required advice on whether an offence of theft or fraud had been committed.

 

7. Regulatory, Business & Trading Crime.

Re: MS – West Yorkshire Trading Standards.

Trading Standards Investigations and Prosecutions.

 

Re: M - West Yorkshire Trading Standards.

Importing faulty power supplies.

 

YTS v. W - Leeds Crown Court.

£8million importation of counterfeit goods - not guilty.

 

BT v. RK - Bolton Crown Court.

Environmental offences - illegal waste disposal.

 

H v. PB - Snaresbrook Crown Court.

Unauthorised waste disposal.

 

Re: D - Health and Safety Investigation.

Health and safety - construction/building Site - serious injury.

 

Re A Limited Company.

Advice on the Gaming Regulations – UK Gambling Commission, Licence and Codes of Practice on whether the company was obliged to report the matter to its regulator.

 

Re M: Solicitors Regulation Authority.

Practising certificate conditions varied.

 

Re D: Solicitors Disciplinary Tribunal:

Instructed to represent a solicitor set to appear before the SDT.

 

GPhC v. VP. General Pharmaceutical Council.

Pharmacist disciplined for misconduct after being convicted.

 

Re: C Pharmacies Limited.

We assisted our client regarding a fraud investigation perpetrated by one of its locum pharmacists.

 

Re: Dr GM. General Medical Council.

Conditions imposed on Practising Certificate.

 

8. Corporate investigations.

Re: F. Director Fraud.

Director and the top tier of the management alleged to be taking money out of the company. We investigated the matter and led a full team of experts and exposed the fraud.

 

Re: W. Abuse of Trust - Director.

Manipulation of invoices so cash payments would be omitted from the records.

 

Re: M - Employee.

The allegation of bribes – senior employee exonerated after we conducted an internal investigation and made representations as an impartial investigator.

 

Re: C. Overseas company located in the UAE. 

Provided strategic planning and case support.

 

Re J. Abuse of Trust - Contractor.

 

9. Private Crime and Police Enquiries.

Police investigations & Police Interview.

We have attended police stations on many occasions for minor matters such as motoring offences, public order and assault to severe allegations involving serious conspiracies, fraud, money laundering drugs and terrorist funding.  We offer a privately funded service, so we can proactively assist our clients during the police investigation and the ongoing enquiries and make our representations.

Re PS – Chesterfield Police Station.

Our client was accused of assault and affray. The complaint in this instant was his next door neighbour who was also a nurse. We fully investigated our client's defence and provided the police with a “defence case file” to review before making any decision on charge. We were contacted a few weeks later by the officer in the case who confirmed that no further action was going to be taken against our client, this allowed our client to pursue his complaint.

Appearing Before the Magistrates' Court or Crown Court.

We have a huge amount of experience in advising, assisting and representing our clients appearing before the Magistrates' or Crown Court. If you are charged at the police station, or you receive a summons, then please contact us immediately so that we can discuss your requirements.

Offences of dishonesty.

We have a vast experience of dealing with crimes of dishonesty, whether they are allegations of simple theft or elaborate conspiracies to defraud.

Criminal/Indecent Images.

Possession and distribution of illegal/indecent images have become a real concern for those who use the internet for social networking and inadvertently forward an image sent to them. We have dealt with many cases where our clients (adults and juveniles) have been found to be in possession of images considered to be criminal or indecent. We have access to experts who will review the images and provide an assessment of the status of that image and whether it meets the criminal standard.

Allegations of Sexual Misconduct.

We have dealt with many cases over the years, involving allegations of sexual misconduct. We have dealt with old sex cases and have access to specialist barristers who are very experienced in conducting and defending all manner of sex cases.

Assault.

We have dealt with all manners and all levels of crime from simple common assault to murder.

Public Order.

We have dealt with all levels of public order offences from over-the-fence neighbour disputes to individuals involved in running riots.

 

10. Appeals.

We have dealt with an appeal that falls into the following categories:

a. Convictions from the Magistrates' Court to the Crown Court.

b. Appeals against the sentence.

c. Appeals to the Court of Appeal.

d. Confiscation appeal cases to the Court of Appeal.

 

 

Global Crime & Fraud

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Business & Regulatory Crime

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Corporate Investigations

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Private Crime & Police Enquiries

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Appeals

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