Faisal Osman
2002 | Dubai International Financial Centre Court (2015) | British Virgin Islands (2020) | Abu Dhabi Global Markets Court (2020) | Qatar International Court (2023)
Chambers UK 2017-2024, Recommended in Financial Crime & Asset Recovery
"He is exceptionally talented, versatile and can move between financial crime and civil litigation as well as domestic and international." "Faisal is delightful - very commercial and pragmatic." "An excellent barrister whose knowledge of complementary civil proceedings and of a number of key international jurisdictions sets him apart from many other juniors." "…highly intelligent and someone with a prodigious appetite for work who is a real rising star in both the civil as well as the criminal fields." "He's very intelligent, very good at paperwork and he produces fantastic arguments with great attention to detail." "Exceptionally bright. Organised, well prepared, and very good at written work and pleadings, he is approachable and places the client at ease." "He works so hard, is bright and is very good with the client. He is also proactive rather than reactive." "If you instruct him as a junior you get silk standard advice." "He is approachable, jargon-busting, and a man with an eye for an unusual legal argument." "Faisal's relaxed, approachable manner belies his meticulous attention to detail and careful preparation." "A fantastic junior, who is highly approachable and very good on the technical law." "He is academically very good, and a hard-working junior, who isn't afraid to take every point in a legal argument."
Legal 500 2017-2024, Recommended in Civil Fraud & Asset Recovery
”Faisal is impressively smart and incredibly responsive, but his greatest asset is possibly his quick wit, which is always welcome and utterly invaluable during long and hard-fought cases.” “Very user friendly and technically strong.” "Faisal is absolutely standout. He has huge experience of the civil and criminal fields, he is terrific with clients, his courtroom manner is exceptional, and he has a unique ability just to get on with it and to get the job done." "Extremely well-organised, precise, analytical, easy to work with and able to use technology to the advantage of the case - other counsel finds his technological solutions invaluable." "A fantastic barrister, who has cemented his position at the top of the junior commercial crime Bar." "Immensely hardworking, but you wouldn’t think it from how effortless he makes it look." "His grasp of detail is something to behold, but he wears it lightly." "One of the leading juniors in the field – his input is invaluable." "An exceptional junior in the financial crime field." "An indefatigable and charming junior." "He has the ability to cut through large amounts of material at an impressive rate and distil it down to the points that matter" ‘Faisal is always on top of the detail of large cases and able to keep hold of case threads throughout. His drafting is always on point and his advocacy is first rate. Clients appreciate the effort that Faisal puts into cases and the care that he takes.'
CORPORATE CRIME JUNIOR OF THE YEAR, 2023 (Legal 500)
Faisal is the only junior ranked for Criminal Fraud, Civil Fraud and POCA Asset Recovery across the professional directories.
Faisal advises and acts in the civil and criminal commercial wrongdoing disputes with an offshore focus. The core of Faisal’s work relates to domestic and international civil and criminal asset recovery on behalf of governments and commercial organisations and the worldwide enforcement of judgments and awards. His work includes commercial litigation (extensively in the DIFC), corruption, civil and criminal fraud, regulatory enforcement, sanctions and professional discipline. His disciplinary work includes prosecuting before the Taxation Disciplinary Board tribunal and defending before the ICAEW and ACCA tribunals. He also provides technical assistance for capacity building regarding anti-corruption, asset recovery and money laundering across the Commonwealth.
Commercial and Chancery
"...Faisal is impressively smart and incredibly responsive, but his greatest asset is possibly his quick wit, which is always welcome and utterly invaluable during long and hard-fought cases..."
Legal 500
Offshore
T, L, DK and Ors. - Representative action following the collapse of one of DeFi’s most significant algo-stablecoins.
IGPL v PP (DIFC Court) - Claim against BVI receiver by UAE claimants, relating to London based real property.
A UAE Company (DIFC Court) - Multiple claims for enforcement of securities following the UAE’s largest healthcare provider collapse.
CE Bank v NMC, BS (and Ors.)
Bank of B. v N, NMC, BS (and Ors.)
State Bank of I. v NMC, BS (and Ors.)
C. Bank v NMC, BS (and Ors.)
B. Bank v BS (and Ors.)
NG (Cyprus), QGICO (Qatar), TR (Bahrain), Sheikh N A-T (Qatar) and Ors. v a Firm (UAE) (DIFC Court)- Commercial Claim following US FINCEN enforcement action against a Lebanese bank.
KSY v UAB; KSY v B (DIFC Court) - Claim for declaratory relief against major UAE based banks caught up in a conspiracy to forge multi-million AED personal guarantees.
IDBI (Bank) v MDGC (LLC) (DIFC Court) - Enforcement of security against UAE company by a Dubai Bank.
A v (a Liechtenstein Trust Foundation) and A (DIFC Court, Dubai Courts) - Attachment of a super-yacht following UK's largest divorce.
P v L Trustees (and Ors.) (Cayman Islands Commercial Court) - Trust dispute with claims in the Cayman Islands, BVI, Liechtenstein, Israel, England and the United States.
MS v (a JV Company) (Qatar International Commercial Court) - Claim for contractual entitlement following an alleged breach of terms, practice and duties against a well-known Qatari/International organisation.
G v a Cayman SPV; UAE Bank; BVI SPVs (DIFC Court) - Injunctive proceedings in support of a foreign claim enforcing a UAE judgment (in excess of $100m). The case involved complex issues of non-disclosure and the jurisdiction of the DIFCC to make free-standing injunctions in aid of foreign proceedings against a non-judgment/non-cause of action respondent.
On-shore
A v F and L - Contractual dispute arising out of a joint venture between a Ukrainian sports gaming provider and a Turkish speaking regions counter-party
A and Ors. v ML, WH (a Company) and Ors. - Claim (proprietary) relating to Middle Eastern investment fraud.
Company (In Receivership) v NA Receivers’ claims for monies paid away to Dubai, following litigation to recover in Dubai.
A Federal Republic v (a Bank) - $875m breach of trust claim against an international bank concerning the handling of a corrupt oil block deal.
UEL v BS - Proprietary claim for misappropriated by a company finance director.
(A Charity) v PP - Fraud, conversion, personal and proprietary claims following the taking of charitable funds by a corrupt employee.
G v S - Dishonest receipt of a McLaren F1 GTR Long-tail.
Receivers of a Cayman Islands Segregated Portfolio Company on Behalf of ALFF v RH (and 11 others) - Unlawful means conspiracy, breach of contract and duty, and dishonest assistance.
IE (Europe) v NE - Fraud and conversion of company monies transferred away to the USA.
DG v 17 GSL (and Others) - Section 994 CA 2006 unfair prejudice claim on behalf of an aggrieved shareholder.
EAH Ltd. v HMRC - First-tier tax tribunal appeal of a decision to deny VAT recovery involving UK supplied helicopters held under US owner-operated trusts.
Asset Recovery
“…Faisal is one of the most relatable and easy to work with barristers we ever had to work with…”
“…Affable, polite, always reachable and deeply knowledgeable in his field..”
“…There are few barristers that can do what he does. Very accessible and a pleasure to work with…”
Legal 500
Chambers UK
Offshore
A Republic v the U Family (and Ors.) - Coordinating counsel in the multi-jurisdictional enforcement of a series of commercial and criminal judgements (over $2bn).
Federal Republic of Nigeria v Tibit (BVI) - Recovery of a Bombardier Global 6000 Executive Jet purchased using the proceeds of a corrupt oil deal.
MENA, GCC and Swiss Asset Recovery Claim - with claims in Lebanese and Swiss law (civil and criminal).
MENA Strategic Asset Recovery Advice - For two entities, post Arab Spring.
Re: a Cayman Islands Lending Institution - Application of CI PoCL 2008 (confiscation and money laundering).
Onshore
CPS v X - Complex restraint proceedings (pre-charge) for a third party regarding the supply of medical materials during the COVID-19 pandemic.
Federal Republic of Nigeria v Malabu (English High Court) - Recovery of £85m for the Federal Republic of Nigeria from a corrupt oil deal.
R v JE - Recovery proceedings involving a network of offshore SPVs, shadow directors, phoenix companies and a firm of corrupt attorneys.
R v HSB - Asset recovery proceedings following a multi-million pound cross-border fraud involving hidden assets in the UAE.
R v D (Third Party Interest) - Competing civil claim by a corporate victim asserting proprietary interest and subrogation.
HMRC v PS, THL (a Gibraltar Company) - Intervening third party corporate applicant (s.301 PoCA). Defeated allegation of Directors' corruption.
HO v AGP, BG, FH (MSS) - (A Supermarket Company) Part 5 PoCA proceedings advanced on the basis of 'seemingly unorthodox' banking practices (defending).
R v Birmingham Magistrates' Court ex parte Sanghera [2017] EWHC 3323 (Admin) - Judicial review of a confiscation warrant of commitment.
Lister [2014] EWCA Crim 2290 - whether the value of drugs for the purposes of benefit ought to be assessed against resale value at a future date.
R (On Application of the Chief Constable of Greater Manchester Police) v City of Salford Magistrates’ Court ex parte Sarwar and Sons Knitwear Limited; Sarwar and Sons Knitwear Ltd. v The Chief Constable of Greater Manchester Police (2008) - Judicial review relating to civil cash seizures and the meaning of property ‘obtained by unlawful conduct’.
Corruption
“…A polished advocate…"
"…Has a scholarly knowledge of the law and is extremely bright…”
"His written advocacy is superb."
"…Incredibly approachable and really easy and natural to work with..."
Chambers UK 2022
SFO v GPT Special Projects (and Ors.) - Allegations of corrupt payments during the supply of signals systems to Saudi Arabian National Guard
Re: A UKCompany - Including compliance; criminal liability; civil actions by commercial victims to disgorge profit, damages or relief (UK and overseas); post-conviction liability (monitoring, confiscation/civil recovery, liability and implications under the EU Public Procurement Directive).
Re: A US Drilling Company - Advice on the acquisition of a UK company with overseas operations in Central Asia and the Middle East. Corruption had been uncovered and unlawful payments identified. The possibility of money laundering offences (et. al) was a concern.
Re: An EU Technology Corporation - Advice on criminal liability, consequential civil actions and compliance with the Bribery Acts arising out of overseas corruption by a UK national, (assigned to an EU parent company) employed to negotiate contracts with a West Indian Distributor.
Re: A UK Healthcare Provider - Advice on criminal liability, directors' liability, potential Regulatory enforcement and commercial strategy regarding a Nation State’s request to ‘kick-back’ a percentage of a contract price under the guise of a ‘commission payment.’
Criminal Fraud
"…He has one of the greatest minds for finance and can pick things apart just by looking at numbers…”
“…A charming, fiercely bright and sought-after lawyer...”
Chambers UK 2022 (Band 1)
SFO v B, G and Ors. - Restraint litigation and judicial review following to collapse of a mini-bond investment vehicle.
Operation Amazon - The most complex tax case HMRC have ever prosecuted. For the first defendant.
R v MH - Successful appeal (Court of Appeal) relating to an insider fraud at a leading investment bank.
Operation Vaulter - Conspiracy to defraud involving ‘contra-trading’ and offshore operations in the United Arab Emirates.
R v S,T &T - Fraudulent manufacture of substance detection devices sold to private and state security forces worldwide.
R (On Application of AFC, AA) v C Magistrates’ Court ex parte Her Majesty's Revenue and Customs - Judicial Review of HM Revenue and Customs’ investigatory conduct relating to film scheme tax relief and input tax recovery.
BVI AG v X - Criminal Investigation following the BVI Commission of Inquiry into government spending during the COVID-19 Pandemic.
Professional Discipline
The Taxation Disciplinary Board Tribunal - Presenting advocate to the tribunal; the independent disciplinary body of the Association of Taxation Technicians and Chartered Institute of Taxation.
TDB v BJR - Trial of complaints relating to highly acrimonious breakdown of a member/client relationship. Prosecuted before the Tribunal to conviction (Member’s appeal dismissed); for the TDB on issue of debt recovery proceedings before the County Court; summary judgment (abuse of process/strike-out) before the County Court; Member’s counterclaim dismissed; defeated Member’s appeal to Circuit Judge and Court of Appeal.
TDB v SD - Trial of a series complaints relating to ‘phantom billing’ and unprofessional behaviour towards two vulnerable clients. (All 10 charges proved).
TDB v Deborah Annells - Prosecution of Hong Kong CIOT Fellow upon allegations of multi-million HK$/AUD$/€ misappropriation from a series of clients in Hong Kong, Singapore and Australia. TDB's most complicated case to date. (All charges proved; precursor to criminal conviction in Hong Kong).
ICAEW v F Tax (a firm) - Defending multiple breaches of the audit and accounting rules.
Regulatory Enforcement
C v FCA - FCA enforcement action regarding an unregistered and unlicensed investment company.
FCA v GS and Others - FCA Market abuse and insider dealing allegations involving City of London traders.
BIS v JGS - Trial of an un-discharged bankrupt for material omissions made to trustee in bankruptcy; subject to a £100m world-wide civil freezing order.
R v JP - Multi-million pound fraud allegation against an IFA, indicted with offences contrary to the FSMA 2000.
Law Society (SRA) v R, MF and others - Injunctive relief in the intervention of two connected law firms.
Compliance
Advising an Investment Firm as to their position in a ’split caps’ investigation. The Regulator alleged collusion between top-tier firms.
Advising UK international firms on UK Treasury/UN sanctions against listed companies, bodies and individuals.
Advice on individual transactions and company-wide money laundering and corruption compliance.
Capacity building on behalf of the Commonwealth Institute's Nigeria anti-corruption and criminal confiscation programme.
Capacity Building on behalf of the Asset Recovery Inter-Agency Network of the Caribbean.
Publications
Co-author of ‘Mitchell Taylor, Talbot: Confiscation and the Proceeds of Crime’.
Update and Rewrite of Model Provisions on Money Laundering, Terrorist Financing, Preventive Measures and Proceeds of Crime (for common law legal systems) For UNODC, Commonwealth Secretariat and the IMF: Update of 2009 Model Provisions to incorporate the present law and relevant international instruments concerning money laundering and financing of terrorism, including UNCAC, FATF 40 Recommendations and the OECD Anti-bribery Convention.
Consultant to the Government of Bahamas Proceeds of Crime Act, 2016. Root and branch review of the pre-existing Proceeds of Crime Act followed by the design and drafting of a new 'gold standard' asset recovery law (including preventative measures and money laundering offences).