Richard Milne Essex Street London WC2R 3AA Fraud & Financial Crime

Transcription

1 Fraud & Financial Crime Richard s methodical but creative intellect ensures him a steady flow of significant cases involving money laundering and banking, tax, VAT and NHS frauds. He is regularly instructed by the major prosecuting bodies, but also undertakes a significant amount of defence work. He has particular expertise in the fields of restraint and confiscation proceedings. Previous experience includes a 2 year secondment to the Financial Services Authority, where he prepared and presented cases on their behalf. He is also on the A Panel of the Serious Fraud Office's approved list of Counsel. Representative cases Prosecuting alone or as Leading Junior R v Kerr, Boswell and Causer [2011] Multi million pound fraud on a Housing Association. R v Winkel & Others [2011] Conspiracy to defraud Ely Lilly by manufacturing counterfeit cialis (viagra) in the UK. R v Fretwell [2009] Multi million pound "boiler room" share fraud case, instructed by FPS. R v Cowan and Collins [2008] Money laundering case involving about 1 million transferred from South Africa, instructed by FPS. R v Eiger [2007] Money laundering and fraud trial involving US $ 16 million of computer parts from USA, instructed by FPS. R v Brownstone [2006] Trial of well known City of London solicitor charged with blackmail, case designated a "serious and complex fraud" pursuant to s29 CPIA Counsel s Clerk RichardFowler@23es.com NathanLeeWalsh@23es.com Regulatory Clerk BenONeill@23es.com Primary Areas of Practice Fraud & Financial Crime General Crime Regulatory & Disciplinary Proceedings Corporate Crime & Financial Regulatory Advocacy Panels A Panel of the Serious Fraud Office s approved list of Counsel. Counsel to the Attorney General s Panel of Prosecution Advocates List B (London and South Eastern Circuit) CPS London Grade 4 Prosecutor CPS Rape List Professional Qualifications UK and US stockbroking and banking exams Registered Representative in the UK

2 R v Ogunboyego & Others [2005] Leading junior in a 5 x handed fraud trial over 8 weeks involving fraudulent letters of credit. R v Petkar and Farquhar [2002] Trial lasting 5 weeks involving fraud/theft from a bank of almost 1 million. R v Lovell and Price [2002] Trial of 1 million cigarette duty excise duty evaded. Defending alone R v Murati & Others [2008] 3 month trial, the Crown alleging an armed robbery of computer equipment, the defence being run was "it was a VAT carousel fraud". R v Khalsa & Another [2004] Fraud trial, defendant postmaster and wife defrauding their post office. R v Hood & Another [2004] Trial of bankrupts continuing to trade whilst undischarged. Publications Co-author of PACE Explained (The Stationery Office) Professional Memberships Criminal Bar Association South Eastern Circuit Association of Regulatory & Disciplinary Lawyers Education Oriel College, Oxford University, BA (Hons), MA Public Access Richard Milne is permitted by the Bar Council to accept instruction directly under the Public Access scheme. Notable Reported Cases Include: R v Jackson [2007] 1 Cr. App. R. 28 (C.A.) - relating to the creation of strict liability and "absolute" offences. R v Da Silva [2006] 2 Cr. App. R. 35 (C.A.) - meaning of the word "suspicion" in money laundering. C v P [2006] 3 W.L.R. 273 (affirmed in C.A where reported as C v P [2007] 3 W.L.R. 437, not representing) - limits of self incrimination. R v Petkar and Farquhar [2004] 1 Cr. App. R. 22- as to the adverse inferences to be drawn from silence at police interviews.

3 General Crime Richard has extensive experience of both prosecuting and defending in all areas of serious crime. He also has extensive experience of defending in courts-martial. He appears regularly for both the Crown and the defence in the Court of Appeal, and for the Crown in the Courts-Martial Appeal Court. Representative Cases Include Prosecuting alone or as Leading Junior R v Hayton [2011] Campaign of armed robberies where firearm discharged. R v Wood [2010] Attempted murder. R v Phillips [2010] Attempted murder. R v Williams & Others [2010] Conspiracy to commit cash in transit robberies over a 2 year period, involving 4 trials over a 12 month period. R v Alexis & Others [2010] Prosecution over 4 weeks of 4 x defendants over the stabbing of an 11 year old boy. R v S [2010] Prosecution of a grandfather who raped and sexually abused 6 of his grandchildren over a 22 year period. R v Lynch and Sylvestre [2009] Leading junior in a rape then acid attack trial where victim was a well known Sky TV celebrity who was horribly disfigured by the attack. R v Zhukov [2007] Trial of Russian deputy Prime Minister's son charged with violence. R v Brownstone [2006] Trial of well known City of London solicitor charged with blackmail, case designated a "serious and complex fraud" pursuant to s29 CPIA 1996.

4 R v Lovell and Price [2002] Trial of 1 million cigarette duty excise duty evaded. R v Steinbrenner [2002] Trial involving 22kg of cocaine imported through Dover docks Defending with a leader R v Liddell & Others [2011] Murder trial over 2 months in length. Defending alone R v Hunt [2011] Importation of over half a ton of cannabis. R v Omar [2011] Cash in transit robbery where weapon used in the course of the robbery. R v Vincent & Others [2010] Section 18 GBH with intent, defendants all doormen at a public house. R v N [2009] Murder case, extradition. R v Pin [2008] Attempted murder trial, finding of insanity. R v McGinty [2008] Case involving supply of ecstasy, leading to death of a young girl. R v Murati & Others [2008] 3 month trial, the Crown alleging an armed robbery of computer equipment, the defence being run was "it was a VAT carousel fraud". R v Gilbert & Another [2007] Trial of 15 year old charged with false imprisonment where a vulnerable adult was seriously mutilated. R v Alshbelt [2007] Allegation of rape, centred around a reality TV show. R v Davis & Others [2005] 3 week trial of major drugs dealer.

5 R v Hunt & Others [2005] Blackmail trial of enforcer for a criminal gang. R v Hood & Another [2004] Trial of bankrupts continuing to trade whilst undischarged. R v Syed & Others [2004] Trial involving explosive substances (pursuant to Section 4(1) of the Explosives Substances Act 1883). R v Stocker [2003] Attempted murder trial. Regulatory & Disciplinary Proceedings Richard has an extensive practice involving regulatory and disciplinary proceedings. Police misconduct proceedings He has been instructed since 2001 in police misconduct hearings and at the Police Appeals Tribunal, appearing on behalf of the Director of Professional Standards for both the Metropolitan Police Service and the Thames Valley Police, and also for the Independent Police Complaints Commission at such hearings. He has also lectured to and assisted in the training of the defending police federation representatives for Sussex Police. Financial Services He was seconded full time in 1998 for 2 years to the solicitors department of the Financial Services Authority ("FSA"), preparing and presenting cases on their behalf in disciplinary tribunals and appeal tribunals. Since his secondment he has appeared in a number of FSA disciplinary tribunals. Healthcare Richard has been regularly instructed by the General Medical Council since 2008 to present disciplinary cases on their behalf, including Fitness to Practise hearings and Fitness to Practise review hearings. He has also received instructions to defend in the Nursing and Midwifery Council.

6 Bar Council/Bar Standards Board He has been instructed for many years and continues to be instructed by the Bar Council (and also by its successor the Bar Standards Board) to present cases at hearings involving disciplinary proceedings against barristers Corporate Crime and Financial Regulatory An established practitioner, Richard is regularly instructed in cases which are of high value and complex in nature. Known for his meticulous attention to detail he undertakes advisory and advocatory roles across the breadth of the fraud practice area. R v Da Silva 2 Cr. App. R. 35 is a leading case in which he was involved concerning the meaning of suspicion in money laundering offences. R v Kerr, Boswell and Causer [2011] Multi million pound fraud on a Housing Association.