the bribery act 2010 comes into force - bark & co solicitors - specialist fraud firm
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DESCRIPTIONMet Police review Daniel Morgan murder over News of the World link It is reported that the Met Police will now investigate a News of The World link concerning the Daniel Morgan Murder (R v Vian & Others). Details reported [here] in the Guardian Mr Glen Vian, represented by Bark & Co, was acquitted in March 2011. Read more (Last updated: 01.03.2012) Kweku Adoboli pleads not guilty at Southwark Crown Court Mr Adoboli has today entered a plea of not guilty at Southwark Crown Court.
- 1.- Bark & Co Solicitors
2. Met Police review Daniel Morgan murder over Newsof the World linkIt is reported that the Met Police will nowinvestigate a News of The World link concerningthe Daniel Morgan Murder (R v Vian & Others).Mr Glen Vian, represented by Bark & Co, wasacquitted in March 2011.Kweku Adoboli pleads not guilty at SouthwarkCrown CourtMr Adoboli has today entered a plea of not guiltyat Southwark Crown Court. 3. Sky News Coverage The Daily Record The Times (s) Government On-Line The Guardian Yahoo Business week efinancial news Irish Times Wall Street Journal Economic Times Bloomberg Euro News Reuters USA Today The Washington Post ABC News BBC Canadian Business New York Times Google The Mirror Deal World CFO World 4. As has been reported widely in the press, Bark & Co can confirm we act for Mr Kweku Adoboli.The firm do not intend to comment in detail on the case at this stage. Media organisations, journalists and bloggers are cautioned to carefully bear in mind their reporting of this matter pursuant to their responsibilities under the Contempt of Court Act. 5. "Should corporate justice be served orprocured?Bark & Co fraud lawyer Tim Harris discusses in Criminal Law & Justice weekly if the use of US style deferred prosecution agreements could be useful in the UK. 6. Bark & Co Solicitors have successfully secured the acquittal ofKevan Thakrar. Our client is a serving prisoner havingpreviously been convicted of triple murder in 2009.Kevan Thakrar was charged with 2 counts of attempt murderand 3 counts of causing grievous bodily harm with intent. Allallegations related to attacks on prison officers in HMPFrankland, Durham.Giving evidence, Kevan Thakrar informed the jury that hesuffers from Post Traumatic Stress Disorder following an attackon him by officers within the prison system. His defencecentred around the bullying and racism that he has sustainedwhilst in the prison system and that his actions were in selfdefence. 7. The Solicitor instructed, Marie Bourke, alongwith a dedicated defence team from Bark & Co,sought and succeeded in obtaining informationwhich severely undermined the prosecutioncase and highlighted the torturous regimewhich is alive within the prison system. Greatlengths were taken to secure evidence fromlegal professionals, professionals within themedical field, as well as serving prisoners. 8. The Crown Prosecution Service formally offered noevidence against our client leading to His HonourJudge Hone QC directing a Not Guilty verdict.Our client was charged with Conspiracy to Murder anallegation which, for the past 5 years, he has alwaysvehemently denied. He was represented by solicitorMarie Bourke, of this firm.The case rested on one supergrass witness andfollowing legal arguments, the Judge ruled that theevidence of this witness should be excluded from thecase, he stated that By the time the summing up ofGary Eatons evidence of unreliability, fabricationand fantasy had concluded, it would be impossible tofind a sufficient bedrock of truth upon which aproperly directed jury could convict any of thesedefendants. 9. In a ground breaking decision, the Commissionersfor Her Majestys Revenue and Customs (HMRC)have withdrawn their resistance to the 9 Appealsfiled on behalf of Abbey Forwarding Limited bythe three ex directors and have been ordered topay costs.This decision to withdraw was made following anAbuse of Process Application made by Bark & CoSolicitors. The Appeals related to excise dutyand VAT assessments raised by HMRC totallingover 7 million. 10. Bark & Co have been instructed by a directorof a company being investigated for fraud byabuse of position, conspiracy to defraud andmoney laundering. The fraud is alleged tohave occurred in the provision of IT servicesto Freshfields Bruckhaus Deringer LLP. It isalleged that payments were made forfictitious work done and that the conspiracyinvolved employees of the firm.Our client denies the allegations and that he has acted dishonestly. 11. We are recently instructed in the defence of an investigation into an alleged conspiracy to defraud a large well-known international Internet marketing company. 12. Bark & Co are representing a solicitor arrested in connection with an offshore share marketing scheme. It is alleged that our client conspired with the directors of a Spanish company to defraud individuals and that our client then used its firms client account to accept investors money and distribute it accordingly. 13. The 2010 Bribery Act comes into force today. Itremains to be seen how this legislation will beapplied in practice by the various enforcementagencies, but the Act has potentially far reachingconsequences for any UK based companies (andindividuals) who operate in territories wherenormal business practice could fall foul of thestrict definitions of the offences. It is thereforeessential that companies, both large and small,who fall into potential risk categories, should actto protect the company and its executives byimplementing procedures in compliance with theMOJ guidelines. This would ensure a potentialfull defence. 14. Following a decision in R v Hookway, the Policecan no longer bail subjects following arrestfor more than a maximum of 96 hours fromthe time detention was first authorised.After this time a charging decision isrequired to be made. Bark & Co are urgentlyreviewing all our cases that this decision willaffect. 15. Bark & Co Solicitors are acting for MrRoshandel, an former employee of bankingexecutive Mr Julius Meinl, in a dispute overthe ownership of a 200,000 custom Bentley. 16. Bark & Co are instructed to represent Mr A. He isunder investigation by City of London PoliceOverseas Anti Corruption Unit concerning allegedimproprieties in a $2.2 billion deal with theLiberian Government for the concession over400,000 hectares of rainforest to be used for acarbon offset project. The matter is beinginvestigated under the Prevention of CorruptionAct 1906. All allegations are denied.An investigation was also launched by the LiberianPresident. 17. Bark & Co are representing two peoplefollowing the arrest of 14 made during a raidby Metropolitan Police at a Garage inSouthall, West London (19/05/2010). Threeof those initially arrested were un-arrestedbefore 11 were taken into custody by Police. 18. R v Z - Leeds Crown Court - Bark & Cosuccessfully defended a client accused ofMoney Laundering and production and supplyof 3,000 cannabis plants at a factory run byan organised crime gang. 19. Bark & Co acted for the principal of an accountancyfirm, the premises of whom was raided by theMinistry of Defence Police on suspicion of conspiringto launder funds on behalf of a client. Further, theMOD alleged that since accountancy firms areclassified as falling within a regulated sector, asecond offence was committed by the principal forfailing to make an authorised disclosure. Bark & Coconsidered from the outset that there was scantevidence to support the approval of a warrant andthe allegations of the MOD. We immediatelychallenged the lawfulness of the warrant and lateradvised our client in interview and made robustwritten representations as to why our client shouldnot have known or suspected money laundering. Theinvestigation of our client has today beendiscontinued without charge. 20. This case provides a salutary example to clients in the regulated sector of the importance of ensuring best practice in money laundering compliance especially given regulator enthusiasm to embark on costly and reputationally damaging investigations on minimal evidential grounds. 21. The case against our client has today been discontinued in the Central Criminal Court ("The Old Bailey"). Representing our client were Senior Solicitor Mrs Alison Hill of this firm and leading defence Counsel Mr David Whitehouse QC and Mr Edmund Gritt. Mrs Hill gave a short statement to the media outside Court. FULL DETAILS BELOW. 22. Bark & Co has been instructed to defend adirector charged with cheating the revenuethrough a manipulation of the trade incarbon credits. The prosecution allege inturn that the proceeds were concealed bybeing transferred offshore. The alleged lossto the revenue is estimated at 30m. Theallegations are denied. 23. Bark & Co successfully defended our clientfrom allegations of money laundering andconspiracy to produce cannabis. Our clientwas exonerated of all charges after a robustdefence strategy rebuked links toinvolvement in a major drugs factorywarehouse run by a Chinese organised crimegang, 24. It has recently come to our attention that two Britons have been arrested on suspicion of using Swiss Bank accounts held with HSBC to evade UK taxes. This could lead to the first criminal prosecutions in a three year clampdown on offshore tax evasion by HMRC. 25. 4th December 2010, officers from theMetropolitan Police arrested Mr Nadir at hisMayfair residence for allegedly breaching hisBail conditions. The conditions require thatMr Nadir remains at his home addressbetween the hours of 12pm and 6am. 26. Concerns raised over disclosure issues and SFO press articles 27. You may have seen media coverageconcerning HMRCs use of account holderinformation stolen from HSBC in Switzerland.It is now evident that HMRC has reviewed theinformation and has launched a concertedattack against tax evasion on the strength ofit... 28. Asil Nadir attended a hearing at the CentralCriminal Court (The Old Bailey) today(03/09/2010) to begin his fight for Justice.The mention hearing began at 10am in Court9 with The Honourable Mr Justice Beanpresiding. 29. Mr Asil Nadir has returned to the UK from Northern Cyprus in order to fight to clear his name and get justice after almost two decades of exile. Mr Nadir comments "Weve a mission to fulfil. Somehow, having endured this injustice for 20 years, I feel its time now to put closure to this in a most acceptable way."The defen