Mark Trafford QC 1992

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1 Profile Mark is instructed for the prosecution and defence in criminal matters and has appeared at all levels of court in the criminal justice system. He is a Grade 4 Prosecutor who prosecutes for CPS HQ Central Casework Divisions as well as for various CPS Areas. He has strong defence and regulatory practices and has represented individuals as well as corporations and local authorities. His background in civil law, incorporating medical as well as employment work, makes him ideally placed to undertake both criminal and civil matters. Mark maintains a keen interest in medicine and has spent 20 years as a trustee of a medical charity. He assisted MPs on the Standing Committees considering the 1987 Criminal Justice Act (which established the SFO) as well as the Finance Act. He has worked in the House of Commons; the House of Lords and the US House of Representatives. Mark was invited to speak on bribery at American Bar Association/Employment Lawyers Association annual conference in London. Mark was associate producer and participant in a televised TV jury trial for Granada TV. Mark is also the author of recent articles in the Journal of International Banking and Financial Law (1) The FSA Goes over the wall [April 2012]; on the Einhorn/Greenlight Capital Decision (2) Losing on Libor:[April 2013;to be published] On the issue of loss/damage in the Libor Litigation in the light of Deutsche Bank-v-Unitech General Crime Mark has practised in London, the Western Circuit and the South Eastern Circuit for much of his career. He has appeared in nearly all of the courts within those areas. He has appeared for both prosecution and defence in the whole range of cases from offences of dishonesty and minor violence through to Marktrafford@23es.com Marktrafford@23es.com.cjsm.net Counsel s Clerk Clerks@23es.com Primary Areas of Practice General Crime Fraud & Financial Crime Corporate Crime & Financial Regulatory Regulatory & Disciplinary Proceedings Civil Law Professional Memberships New York City Bar Association CBA Executive Committee ELA Bar Council QASA Committee Appointments CPS London Grade 4 Prosecutor CPS Fraud Group Grade 4 CPS Proceeds of Crime Group Grade 4 CPS Serious Crime Group Grade 4 Seminars & Training Associate Lecturer, Oxford Institute of Legal Practice Education Lincoln s Inn (Megarry Scholar)

2 major drug importations; serious sexual offences, both historic and recent and murder and manslaughter. Mark was one of the lead defence counsel in the largest ever case of conspiracy to commit football violence that has come before the courts in this country and has also been lead prosecution counsel on a major fascist/anti-fascist public disorder case (Operation Cavalry). Recent cases include The case of Lumsdon-v-LSB finally arrived at the Supreme Court (presided over by Lord Neuberger). In a case that considered new scope of stand-alone proportionality in European and domestic jurisprudence, had been one in which Mark had been involved since the initial consultations on the scheme in R-v-Gallacher Mark represented a man charged with an eighteen million pound VAT and construction fraud instructed by Hughmans for two months in 2015 R-v-Jackson (2015) Mark represented Kierron Jackson in one of the highest profile murders of the last 18 months in the Old Bailey over 8 weeks this year. Instructed by Karen Todner of Kaim Todner, the case attracted significant publicity in local, national and television media. Partridge-v-Schehtman (2015 ongoing) Mark represented the Defendnat in a large private prosecution brought against a Company Director. Once the case was transferred from other lawyers, Mark successfully agreed the scope of the prosecution in bringing the case to a successful conclusion before trial for his clients. R-v-Graham Selfrides (2013) Robbery Operation Arrow (2012 ongoing) Defending in 16-handed drugs conspiracy. R v Baksh ( ) Representing a police officer on corruption and money-laundering charges. Operation Snorkel ( ) Leading counsel for the defence in a multi-handed international drugssmuggling operation. Operation Cavalry ( )

3 Leading counsel prosecuting two trials involving a 22-handed conspiracy to commit violent disorder. Fraud & Financial Crime Mark is instructed both by prosecution and defence solicitors. He has been leading counsel, as well as sole counsel, in a number of significant fraud cases over the years. In recent years, for example, Mark has led on a successful elevenhanded prosecution in relation to a "ghost employee" conspiracy and money laundering case. He has been leading counsel for the defence in a series of accountant's fraud case; a CIS fraud case, both in the crown court and in the Court of Appeal. Mark has been leading counsel in two recent large conspiracies to cause substantial criminal damage in Surrey and Hampshire arising from defrauding a number of victims out of large sums of money; as well as MTIC/carousel frauds. In 2011 Mark was involved in the largest global fraud trial to be brought before the criminal courts, where he represented an international company formation agent in relation to fraud in three continents. In addition in 2011 Mark also appeared in a fraud between two well known national companies by company directors; a regulatory fraud in relation to an electronics plc and a corruption case in local government. He was also instructed in the Chancery Division in relation to section 236 Company Act hearings arising in civil proceedings that are now charged as the country's largest mortgage fraud trial due to commence this year. Currently he is instructed in a large multi-handed VAT fraud. Mark is also instructed as lead counsel to represent a defendant in an international money laundering trial and to represent a foreign national in relation to a series of property frauds. Recent cases include Operation Spallation 2013/14 CCC Operation Cocoabean 2014 Southwark Operation Wig (2012 ongoing) Landbank/Carbon Credit Fraud prosecuted on behalf of CPS Central Fraud Division as Junior alone. Operation Savette (2012 ongoing)

4 Leading Counsel for defence in an 8 handed fraud and money laundering case. Operation Nacho (2011 ongoing) Leading counsel for the defence in a cash for crash fraud. R v McCann & Others ( ) Led Junior for the defence, representing a businessman in an international conspiracy to defraud and money-laundering trial arising out of a billion-dollar sale of an African telecommunications company. R v Armstrong and Tolley (2011) As Junior alone, prosecuted a five-week section 4 Fraud Act case against two businessmen in a fresh air invoice fraud. Corporate Crime and Financial Regulatory Instructed in an array of corporate matters, Mark has assisted a defendant company in a prosecution arising from alleged breaches of the controversial waste Shipment Regulations and the Transfrontier Shipment of Waste Regulations More recently has been lead counsel for the defence in a series of accountant's fraud cases and a CIS fraud case. He has also been instructed to advise the defence, for a well-known firm of London solicitors, in relation to jurisdictional issue arising from allegations of civil and criminal fraud both in the UK and in Hong Kong. Regulatory & Disciplinary Proceedings Having undertaken the necessary training in 2009, Mark is a monitoree on the panel of counsel to appear before the General Medical Council. Recent cases include: The Application to Lumsdon-v-LSB and others Court of Appeal Master of the Rolls Civil Law Mark has, for his entire career, maintained a substantial practice in the civil field. As well as personal injury and medical negligence work, Mark developed a large and successful practice in employment law. He has represented large and small businesses as well as individuals in

5 Employment Tribunals; courts and appellate courts in London and throughout the country. In this field he has been involved in cases of breach of contract; wrongful and unfair dismissal; restrictive covenants; all areas of discrimination and human rights. He has been instructed to represent companies as diverse as HSBC; McDonalds; Schering Plough; Honeywell Bull; Pimm s, Nike, Wincanton and Thomas Cook as well as Local Authorities and individuals. He was instructed for the Respondent in one of the longest running reported cases of breach of contract and dismissal in recent years. Mark also appears internal investigatory hearings and has recently been involved in such hearings in the education field as well as on behalf of private companies in employment and criminal fields. His arguments in relation to a police discrimination case led to a change in primary legislation in relation to Chief Constables liability for acts of individual officers. He was led junior in the House of Lords in Re Lord Mayhew's Petition in an action relating to the rights of hereditary peers to sit in the House of Lords. Mark has been appearing regularly in the civil courts in the last year. In the Queen's Bench Division, Mark has appeared for a company director in a long-running restrictive covenant dispute with a national property company. In the Chancery Division, Mark has recently finished a novel adoptee case arising out of a contested will under the Inheritance (provision for Family and Dependants) Act He has also appeared in the Chancery division (Companies Court) in a Section 236 Insolvency Act case. In the Family Division Mark completed a 16-day Care Case with contested technical expert evidence. Mark still appears in Employment cases and has been instructed for the Respondent Company in a 12 day union-related dismissal case this year. He has also advised a number of executives on issues arising out of restructuring and termination. He has also been instructed in civil confiscation cases. Reported Cases Gover v Propertycare [2006] ICR 1078

6 Lord Mayhew of Twysden's Petition [2002] 1AC 109 Hodes v Marks & Spencer plc [2001] ICR1 Notes AM v PV & another [1999] ICR 1218 Tice v Cartwright [1999] ICR 769 Burrell v H M Customs & Excise [1997] STC 1413 P & O Trans-European v Wincanton Logistics [2001] EWCA 227

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