THE BRIBERY ACT 2010 COMES INTO FORCE (01 - NEWS - BARK & CO SOLICITORS - SPECIALIST FRAUD FIRM

- Bark & Co Solicitors

Met 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).

Mr Glen Vian, represented by Bark & Co, was acquitted in March 2011.

Kweku Adoboli pleads not guilty at Southwark Crown CourtMr Adoboli has today entered a plea of not guilty at Southwark Crown Court.

PRESS COVERAGE OF THE MATTER: Sky News Coverage The Times (s) The Guardian Business week Wall Street Journal Bloomberg Reuters The Washington Post BBC New York Times The Mirror CFO World

The Daily Record Government On-Line Yahoo efinancial news Irish Times Economic Times Euro News USA Today ABC News Canadian Business Google Deal World

BARK AND CO ACT FOR MR KWEKU ADOBOLIAs 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.

DEFERRED PROSECUTION AGREEMENTS (CL&JW)

"Should corporate justice be served or procured?“

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. 

R V THAKRAR - CLIENT ACQUITTEDBark & Co Solicitors have successfully secured the

acquittal of Kevan Thakrar.  Our client is a serving prisoner having previously been convicted of triple murder in 2009.

Kevan Thakrar was charged with 2 counts of attempt murder and 3 counts of causing grievous bodily harm with intent. All allegations related to attacks on prison officers in HMP Frankland, Durham.  

Giving evidence, Kevan Thakrar informed the jury that he suffers from Post Traumatic Stress Disorder following an attack on him by officers within the prison system.  His defence centred around the bullying and racism that he has sustained whilst in the prison system and that his actions were in self defence.  

The Solicitor instructed, Marie Bourke, along with a dedicated defence team from Bark & Co, sought and succeeded in obtaining information which severely undermined the prosecution case and highlighted the torturous regime which is alive within the prison system.  Great lengths were taken to secure evidence from legal professionals, professionals within the medical field, as well as serving prisoners.  

R V HANSON - CASE DISMISSEDThe Crown Prosecution Service formally offered no

evidence against our client leading to His Honour Judge Hone QC directing a Not Guilty verdict.

Our client was charged with Conspiracy to Murder an allegation which, for the past 5 years, he has always vehemently denied.  He was represented by solicitor Marie Bourke, of this firm.

The case rested on one supergrass witness and following legal arguments, the Judge ruled that the evidence of this witness should be excluded from the case, he stated that “By the time the summing up of Gary Eaton's evidence of unreliability, fabrication and fantasy had concluded, it would be impossible to find a sufficient bedrock of truth upon which a properly directed jury could convict any of these defendants”.

HMRC WITHDRAW FROM 9 APPEALS AGAINST ABBEY FORWARDING LTDIn a ground breaking decision, the

Commissioners for Her Majesty’s Revenue and Customs (HMRC) have withdrawn their resistance to the 9 Appeals filed on behalf of Abbey Forwarding Limited by the three ex directors and have been ordered to pay costs.

This decision to withdraw was made following an Abuse of Process Application made by Bark & Co Solicitors. The Appeals related to excise duty and VAT assessments raised by HMRC totalling over £7 million.

BARK & CO DEFEND ALLEGED FRAUD AT FRESHFIELDS BRUCKHAUS DERINGER LLPBark & Co have been instructed by a director

of a company being investigated for fraud by abuse of position, conspiracy to defraud and money laundering. The fraud is alleged to have occurred in the provision of IT services to Freshfields Bruckhaus Deringer LLP. It is alleged that payments were made for fictitious work done and that the conspiracy involved employees of the firm.

Our client denies the allegations and that he has acted dishonestly.

BARK AND CO REPRESENTS CLIENT IN INTERNET FRAUD CONSPIRACY ALLEGATION

We are recently instructed in the defence of an investigation into an alleged conspiracy to defraud a large well-known international Internet marketing company.

SOLICITOR ARRESTED IN ALLEGED SHARE MARKETING FRAUD

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 firm's client account to accept investor's money and distribute it accordingly.

THE BRIBERY ACT 2010 COMES INTO FORCE (01/07/2011)The 2010 Bribery Act comes into force today. It

remains to be seen how this legislation will be applied in practice by the various enforcement agencies, but the Act has potentially far reaching consequences for any UK based companies (and individuals) who operate in territories where “normal business practice” could fall foul of the strict definitions of the offences. It is therefore essential that companies, both large and small, who fall into potential risk categories, should act to protect the company and its executives by implementing procedures in compliance with the MOJ guidelines. This would ensure a potential full defence.

R V HOOKWAY - POLICE BAIL LAW CHANGESFollowing a decision in R v Hookway, the

Police can no longer bail subjects following arrest for more than a maximum of 96 hours from the time detention was first authorised. After this time a charging decision is required to be made. Bark & Co are urgently reviewing all our cases that this decision will affect.

BARK & CO ACT FOR CHAUFFER AGAINST BANKING MAGNATE JULIUS MEINL IN A DISPUTE OVER CUSTOM BENTLEY

Bark & Co Solicitors are acting for Mr Roshandel, an former employee of banking executive Mr  Julius Meinl, in a dispute over the ownership of a £200,000 custom Bentley.

$2.2 BN LIBERIAN DEAL BEING INVESTIGATED BY CITY OF LONDON POLICEBark & Co are instructed to represent Mr A. He

is under investigation by City of London Police Overseas Anti Corruption Unit concerning alleged improprieties in a $2.2 billion deal with the Liberian Government for the concession over 400,000 hectares of rainforest to be used for a carbon offset project. The matter is being investigated under the Prevention of Corruption Act 1906. All allegations are denied.

 An investigation was also launched by the

Liberian President.

14 ARRESTED IN POLICE RAIDBark & Co are representing two people

following the arrest of 14 made during a raid by Metropolitan Police at a Garage in Southall, West London (19/05/2010). Three of those initially arrested were un-arrested before 11 were taken into custody by Police.

CLIENT ACQUITTED OF MONEY LAUNDERING & CANNABIS ALLEGATIONS

R v Z - Leeds Crown Court - Bark & Co successfully defended a client accused of Money Laundering and production and supply of 3,000 cannabis plants at a factory run by an organised crime gang.

POLICE V K - CASE DROPPEDBark & Co acted for the principal of an accountancy firm,

the premises of whom was raided by the Ministry of Defence Police on suspicion of conspiring to launder funds on behalf of a client. Further, the MOD alleged that since accountancy firms are classified as falling within a regulated sector, a second offence was committed by the principal for failing to make an authorised disclosure. Bark & Co considered from the outset that there was scant evidence to support the approval of a warrant and the allegations of the MOD. We immediately challenged the lawfulness of the warrant and later advised our client in interview and made robust written representations as to why our client should not have known or suspected money laundering. The investigation of our client has today been discontinued without charge.

 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.       

BREAKING NEWS: R V VIAN & OTHERS - CASE DROPPEDThe 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.

BARK & CO DEFENDS £30M CARBON CREDIT FRAUDBark & Co has been instructed to defend

a director charged with cheating the revenue through a manipulation of the trade in carbon credits. The prosecution allege in turn that the proceeds were concealed by being transferred offshore. The alleged loss to the revenue is estimated at £30m.  The allegations are denied. 

CLIENT ACQUITTED OF MONEY LAUNDERING & DRUGS CONSPIRACYBark & Co successfully defended our

client from allegations of money laundering and conspiracy to produce cannabis. Our client was exonerated of all charges after a robust defence strategy rebuked links to involvement in a major drugs factory warehouse run by a Chinese organised crime gang,

HMRC CRACKDOWN ON OFFSHORE ACCOUNTS

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.

MR ASIL NADIR WRONGFULLY ARRESTED

4th December 2010, officers from the Metropolitan Police arrested Mr Nadir at his Mayfair residence for allegedly breaching his Bail conditions. The conditions require that Mr Nadir remains at his home address between the hours of 12pm and 6am.

SUBSTANTIAL DEVELOPMENTS IN THE CASE OF R V ASIL NADIR IN THE CENTRAL CRIMINAL COURT.

Concerns raised over disclosure issues and SFO press articles

HMRC TARGETING SWISS HSBC ACCOUNTS

You may have seen media coverage concerning HMRC’s use of account holder information stolen from HSBC in Switzerland. It is now evident that HMRC has reviewed the information and has launched a concerted attack against tax evasion on the strength of it...

ASIL NADIR - THE FIRST HEARING 3RD NOVEMBER 2010

Asil Nadir attended a hearing at the Central Criminal Court (The Old Bailey) today (03/09/2010) to begin his fight for Justice. The mention hearing began at 10am in Court 9 with The Honourable Mr Justice Bean presiding.

ASIL NADIR RETURNS TO THE UK TO FIGHT FOR JUSTICEMr 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 "We've a mission to fulfil. Somehow, having endured this injustice for 20 years, I feel it's time now to put closure to this in a most acceptable way."

The defence team from Bark & Co Solicitors with Mr William Clegg QC and Mr Dean Armstrong are committed to  ensuring the delivery of a fair legal process that had been previously been denied to our client.

ABBEY FORWARDING V RICHARD HONE AND OTHERS

In a two week trial in the High Court, Bark & Co successfully defended the former directors of Abbey Forwarding Limited in the High Court in an action brought by the liquidator of the company against them for breach of fiduciary duty.

CRAIG CLARK ACQUITTED OF A 7 MILLION POUND BOILER ROOM FRAUD.Our client was acquitted by the Jury at Ipswitch

Crown Court of his involvement in an alleged international boiler room fraud.

Two other defendants were sentenced at Ipswich Crown Court for running an illegal high pressure, share-pushing operation from call centres in Spain. Around 1,250 investors in the UK were persuaded to buy over £7 million worth of shares. Using their "Gordon Gekko" contract notes to complete the transactions, the team were alledged to have siphoned off around 80% of the invested funds. Craig Clark who was represented by Bark & Co. was acquitted by the jury of any wrongdoing.

MOBILX LTD APPEAL - UK LEGAL NEWS JUNE 2010

‘This case shows that practitioners should be aware that the Courts are now likely to be less sympathetic to taxpayers’ Andy Lynch, Head of Civil Litigation, Bark & Co Solicitors quoted in UK Legal News June 2010