Day one of Marrache Fraud Opens in Gibraltar - David Evans QC Defends

From The Gibraltar Chronicle: 

"Three brothers who ran local law firm Marrache & Co allegedly stole millions of pounds from their clients over many years, assisted by one of their most trusted employees, the Supreme Court was told yesterday.

The claim was made as the prosecution delivered its opening submission in a multi-million pound fraud trial stemming from the collapse of the firm.

Prosecutor John McGuinness, QC, said Marrache & Co went bust in February, 2010, in “a rather dramatic fashion” owing “millions and millions of pounds” to banks, clients, employees and companies with which it did business.

The total amount owed by Marrache & Co when it was placed into liquidation was around £40m, of which nearly £27m was owed to the firm’s clients, the court heard.

“The big losers…were its clients,” Mr McGuinness said. 

At the time of the collapse, the firm’s ledgers showed it should have had millions of pounds of client money in its accounts.

But “all that was left in February, 2010, was a few thousand pounds,” Mr McGuinness told the court. “The rest of the money had gone.”

Brothers Isaac, Benjamin and Solomon Marrache, together with former employee Leanne Turnbull (represented by David Evans QC), have pleaded not guilty to two charges of conspiracy to defraud."

Source: http://www.chronicle.gi/headlines_details....

33 Chancery Lane Ranked in Legal 500

The latest edition of Legal 500 has ranked Chambers for Fraud (including asset forfeiture)

"...At 33 Chancery Lane, Andrew Mitchell QC’s reputation ‘justifiably speaks for itself’, and David Evans QC ‘has judges listening intently and juries hanging onto his every word’. 

New silk Graham Brodie QC is ‘a reassuring guiding hand when even the instructing solicitor feels out of depth’. 

Kennedy Talbot ‘knows the law surrounding POCA backwards’, and Keith Mitchell ‘can put the most nervous clients at ease’..."

Additionally, Kennedy Talbot has been ranked in band one as one of the five leading juniors in the area.

Source: http://www.legal500.com/firms/9516/offices...

David Evans QC's Cross-Examination in Gibraltar Fraud Causes Prosecution to Withdraw Case

Judge Clears Defendants of all Charges in Building Society Fraud Case

[From Gibraltar Chronicle, 12 June 2012, Dominique Searle]

"Cross examination of a key prosecution witness yesterday brought a snap end to the trial of three local businessmen charged with fraud before it had gone much beyond its second day.

Under the direct instruction of Mr Justice Barrington Black the jury found Liam Kenny, Adrian Oton and Paul Chichon not guilty of all charges against them, a move that saw not only the case collapse but the parties fully exonerated.

The witness was the RGP officer investigating the case of fraud against the three defendants who have been under the cloud of the case for several years.

The Supreme Court trial opened on Monday and the defendants were faced with charges of conspiracy to defraud the Norwich and Peterborough Building Society. They also faced separate individual charges of false accounting.

These charges dated back to events in February 2008 and the prosecution was alleging that each contributed to Mr Kenny’s providing of misleading, false or deceptive information to the building society in order to obtain a £270,000 mortgage for a flat in Ocean Breeze, Ocean Village.

But the case having been halted on Tuesday evening, prosecutor Johan Fernandez arrived in court yesterday morning with the decision not to proceed.

The judge commended the decision and pointed out that the prosecution case had been that the men had acted dishonestly to obtain the mortgage by suggesting that Mr Kenny earned £80,000 basic salary when that had been only £24,000. It was however made clear that no one had suffered any loss since Mr Kenny had sustained the mortgage payments, now estimated at some £70,000, and the building society had not sold the house.

“There is no loser in this case,” said the judge. PC Romero who had investigated the case had told the court that he was satisfied that from the various incomes streams linked to his employer Mr Kenny was in fact earning £80,000 altogether.

Mr Justice Barrington Black ordered the jury to return not guilty findings for all charges.

Mr Kenny was represented by David Evans QC, with Kenneth Navas, Mr Oton by David Dumas, QC, with Julian Santos and Mr Chichon by Robert Vasquez, QC, with Dairon Trenado and Jay Gomez..."