12 Members of Chambers Selected for the SFO POCA and Prosecution Counsel Lists

Chambers is delighted to announce that 12 Members have been appointed to the specialist SFO PoCA and Prosecution Lists.

Andrew Mitchell QC, Alistair Webster QC and Mark Rainsford QC have been appointed to the QC's PoCA panel.

Christopher Convey, Matin Evans, Fiona Jackson, Penny Small, Barry Stancombe and Kennedy Talbot have been selected for the  PoCA'A' panel.

Abigail Coghill-Smith and Joanna Torode have been placed on the PoCA 'B' Panel.

Additionally, Andrew Mitchell QC, Alistair Webster QC, Mark Rainsford QC and John Black QC have been selected for the QC Prosecutors panel.

Martin Evans has been appointed an 'A' list prosecutor as well as Joanna Torode, who is on the 'B' list.

SFO Revised Polices - New Director Takes Tougher Approach

K&L Gates has helpfully summarised what SFO guidelines David Green CB QC, the director of the SFO, has revised concerning facilitation payments, business expenditure (hospitality) and corporate self-reporting. The new policies were published on 9 October 2012.

The new policies can be summarised as follows:

Facilitation Payments Policy - They are illegal; decisions to prosecute will be based on the Prosecutor's Code (the "Code") and the Joint Guidance (the "Guidance") and the making of these payments may lead to prosecution under the Bribery Act 2010 and/or the Proceeds of Crime Act 2002.

Gifts and Hospitality Policy - They may be legitimate expenditures but they may also be bribes; decisions to prosecute will be based on the Code and the Guidance and the making of these payments may lead to prosecution under the Bribery Act 2010 and/or the Proceeds of Crime Act 2002.

Self-Reporting - Decisions to prosecute will be based on the Code, the Guidance and the Joint Guidance on Corporate Prosecutions. Self-Reporting will be a "relevant consideration" but will not guarantee that a prosecution will not follow. Each case will turn on its facts. Even where the SFO does not prosecute following self-reporting it may still prosecute in respect of unreported violations of the law, or pass information on violations to other prosecuting bodies such as foreign police forces.

With the issuing of these policies, and the repeated references in them to the Code and the Guidance, it seems that Mr Green is attempting to recast the SFO as a hard-nosed prosecutor, and not the soft civil recovery body that some are concerned it has become. There may also be a perceived need within the SFO to reaffirm its purpose as an agency designed to investigate and prosecute serious white collar criminal offences following a dearth of prosecutions in recent years under Mr Green's predecessors.

Click here for more information: http://www.klgates.com/sfo_revised_policies-23-10-12/

Click here for the revised polices: http://www.sfo.gov.uk/press-room/latest-press-releases/press-releases-2012/revised-policies.aspx 

Three guilty in Olympic ticket fraud trial

Martin Evans Appeared for the Crown in this successful prosecution.

Verdicts have been returned this week at Southwark Crown Court following a seven week trial. Two defendants were found guilty of a variety of offences for failing to supply tickets to the 2008 Beijing Olympics and summer music events such as the V, Leeds and Reading festivals. Another defendant pleaded guilty before the trial.

They operated through the Xclusive group of companies, receiving over £5 million in payment for the various events but supplied no tickets or refunds. Sentencing will be on 11 July.

Around 2,500 people, from various countries including the UK; Australia; Canada; China; Hong Kong and the USA, are believed not have received over 5,000 tickets for the 2008 Beijing Olympics.  Similarly during that year approximately 2,600 people in the UK did not get their tickets for summer music events, paying approximately £1m for over 5,000 tickets.

Commenting on the verdict, Serious Fraud Office (SFO) Director Richard Alderman said: "Xclusive was a sham that not only cost a lot of people their hard-earned money, but dashed their dreams. I am very pleased that justice has been done. Now we shall do our best to get the money back for the victims."

Terrence Shepherd (d.o.b 29/09/58) of London was convicted yesterday, 5 July, of money laundering and was convicted today of two counts of fraudulent trading and two counts of acting as a company director whilst disqualified.

Alan Scott (d.o.b 17/06/54) of Essex was convicted yesterday, 5 July, of two counts of fraudulent trading.

Allan Schaverien (d.o.b 04/12/43) of Surrey pleaded guilty to aiding and abetting fraudulent trading on 15 April 2011, before the start of the trial.

Margaret Canty-Shepherd (d.o.b 24/10/59) of London was acquitted of money laundering and Cyril Gold (d.o.b 26/09/42) of Middlesex was acquitted of aiding and abetting fraudulent trading today [6 July 2011] by the jury.

Gert van Meel, Terry Shepherd and Alan Scott were also charged with fraud by false representation, contrary to section 1 and 2 of the Fraud Act 2006 in relation to the unauthorised sale of football tickets. HHJ Beddoe directed acquittals on this count on 2 June 2011.