Richard Nelson LLP - Recent Cases

The following is not an exhaustive list of the cases in which we have been involved or cases we have conducted. Confidentiality means that we are unable to name the clients. Some have involved extensive trials lasting for many months.

Fraud Cases

Serious Fraud Office prosecution of a professional man for conspiracy to defraud. Case involving over 5,000,000 documents and several hundred witnesses.
Serious Fraud Office prosecution of directors of several companies for conspiracy to defraud and breaches of the Financial Services Act. Charges included breaches of the Collective Investment Rules and fraud over many hundreds of contracts.
Serious Fraud Office prosecution of an Accountant charged with conspiracy to defraud relating to high profile professional sporting club.
Fraud Investigation Group prosecution of directors charged with conspiracy to defraud, theft and false accounting.
Fraud involved between 2 companies in respect of approximately 600 contracts in breach of PLC company internal guidelines, involving personal acquisitions by managing director.
Large scale charity fraud prosecuted by the Fraud Investigation Group. Legal adviser and officers and employees of the company charged with conspiracy to defraud. Case involving several hundred witnesses.
Representing a company making supplies to the National Health Service on suspicion of conspiracy to defraud by supplying items not properly prescribed and involving forgery of prescriptions.
Representation of individuals charged with mortgage fraud. Conspiracy to deceive Building Societies and other lenders by the use of false identities, fictitious individuals and the provision of false references.
Representation of directors of a company charged with insurance fraud and systematic multiple claiming for losses sustained and/or for fictitious losses. Case involved the provision of false identities and addresses.
Representation of a construction company charged with breaching building regulations. Case involved detailed analysis of the background planning applications, contracts, analysis and inspection and representation before the Magistrates' Court.
Representation of former directors of a company accused of conspiracy to defraud in respect of the use of software following the receivership of the company and its sale to a competitor.
Representation of client with 35 charges of deception and money laundering offences, in a breach of trust case, with losses totalling £650,000. Following a guilty plea and successful mitigation, obtained sentence of 3 years, when guidlines stipulated 8-9 years.

Financial Services Prosecutions

Financial Services prosecution of an Insurance Broker charged with conspiracy to defraud clients and breaches of the Financial Services Regulations.
Financial Services investigation into businessman charged with insider dealing.
British Transport Police Fraud Squad Prosecutions.
Director and secretary of company prosecuted by British Transport Police Fraud Squad for conspiracy to defraud involving allegations of corruption, false accounting and deception in respect of numerous contracts with British Rail. Case involved over 2,000,000 documents.
Case prosecuted by British Transport Police Fraud Squad in respect of conspiracy to defraud a Local Authority. Director and employees accused in respect of cleaning contracts and improper use of Council equipment and staff.
Case prosecuted by British Transport Police Fraud Squad involving allegations of corruption and conspiracy to defraud. Company and its officers and some employees prosecuted in respect of provisions of benefits in order to obtain inside information and obtain work by tenders.
British Transport Police prosecution of several individuals for conspiracy to steal and to handle stolen property involving large scale car ringing operation. Case involved close analysis of car serial numbers and of documentation in respect of vehicles which had been stolen to order and in respect of vehicles which had been written off.

HM Revenue and Customs

Customs & Excise prosecution of a restaurateur for concealing sales and failing to account for VAT.
Customs & Excise prosecution of a company director for failing to account for VAT and for cheating the Revenue in respect of employees and sub-contractors in a construction company.
Customs & Excise prosecution for conspiracy to defraud and evasion of VAT in a carousel fraud involving computer chips.
Customs & Excise prosecution of company directors in connection with a missing trader fraud in the mobile phone industry.
Customs investigation into the company and its directors in respect of fraudulent evasion of VAT. Dealt with and settled on a civil basis.
Investigation by Inland Revenue into construction company failing to account for PAYE and National Insurance and its dealings with sub-contractors involving numerous contracts across the UK.
Provision of advice to Accountants in respect of the release of documentation sought by the Revenue. Dealing with issues of confidentiality and privilege.
Advising and representing chairman of a private company investigated for cheating the Revenue by putting personal expenditure and items for his personal benefit through the company and using the company's labour and assets for his own benefit.
Representation of a director of several companies investigated by the Inland Revenue in respect of undeclared income and unmet tax liability where the director was offered Hansard, leading to settlement on a civil basis.
Representation of a number of Missing Trader Intra Community Fraud (MTIC) cases, including a case successfully defending an allegation of Conspiracy to Cheat the Revenue of 53 million.

Confiscation and Restraint Orders

Representing individual formerly represented by other Solicitors during his trial and assisting him in respect of challenged confiscation proceedings. Successfully defended allegation that the client had hidden assets of 6.3 million, confiscation order made related only to client’s actual assets of less than £45,000.
Representation in cases commenced by way of Restraint Orders, successful negotiations with the CPS to vary Restraint Orders to enable clients to function with minimal disruption.
Defending a Company Director facing an application for seizure of monies under the Proceeds of Crime Act.
Successfully avoided confiscation order in contested hearing, when client's assets had been accounted for in civil and family settlements.

Gross Negligence Manslaughter

Acted for BMAA Inspector of microlights, charged with gross negligence manslaughter following accident investigated by AAAIB, in which pilot and passenger were killed. Case involved instruction of expert witnesses regarding complex causation arguments.

Business Enterprise and Regulatory Reform (BERR previously known as the Department of Trade and Industry)

Prosecution by the DTI in respect of large scale fraudulent trading by a director of a company which had gone into liquidation in respect of fraudulent preferences to creditors.
Proceedings brought by DTI in respect of fraudulent trading alleging director of a company had continued to trade whilst insolvent, thereby increasing the losses sustained by creditors.
Prosecution by the DTI into a company allegedly set up by its directors as a sham company with the sole objective of defrauding creditors.
Prosecution of a number of Company Directors for acting as a Company Director or in the management of a company in breach of bankruptcy orders and/or Disqualification Orders.

Transport

Representing a company in connection with an investigation by the Vehicle Inspectorate in connection with breaches of the Road Traffic Regulations relating to driving hours and tachographs.

Health and Safety

Prosecution by the Health & Safety Executive where a company had failed to provide a safe system of work, resulting in a fatal accident to an employee. Representing the directors in interviews under caution and conducting proceedings in the Crown Court.
Prosecution by the Health & Safety Executive of a company following a serious accident to an employee in a confectionary manufacturing business.

Trading Standards

Investigation by Trading Standards into a food company following the discovery of food unfit for consumption on sale in a retail outlet. This case led to a detailed examination of the due diligence of the company and its efforts to prevent such occurrences.
Representation of a large well known retail chain in respect of Trading Standards prosecutions relating to the sale of potential dangerous childrens wear which failed to comply with the relevant regulations.
Case pursued in respect of the wholesale supply of contaminated meat.

Office of Fair Trading

Advising and representing a company director and her husband in respect of an appeal to the Adjudicator at the Office of Fair Trading on the refusal of a Consumer Credit Act Licence.

Money Laundering

Advising Solicitors and Accountants in respect of their obligations under money laundering legislation, including whether or not particular circumstances require them to make a report to SOCA.
Provision of advice to director of a finance company in respect of his obligations and the implications of his involvement in various business transactions due to concerns under the money laundering legislation.
Prosecution of company director for money laundering, fraudulent evasion of VAT and conspiracy to cheat the Revenue in a missing trader fraud.

Warrants

Provision of advice to other Solicitors in respect of their obligations to comply with warrants served upon them by the Police for the release of documentation.
Representation during the course of the execution of warrants to search premises, representation at interviews with regulatory bodies and prosecuting bodies with clients at liberty or in custody, representation in Magistrates' Court, Crown Court, Court of Appeal, numerous Tribunals, in connection with allegations, representation and assistance in respect of interim financial orders, such as Freezing Orders, Restraint Orders, Enforcement Orders, Prohibition Orders.

Professional Disciplinary

Provision of advice to international company in respect of the implications of an investigation into a former senior employee suspect of making private arrangements with customers and of false accounting.
Representation of Accountant in disciplinary proceedings before his professional body following complaints by clients alleging gross misconduct.
Representation of Solicitors before the Solicitors' Disciplinary Tribunal including the provision of advice and the drafting of representations at the adjudication stage and preparation and representation at the Tribunal.

Road Traffic Offences

Representation of numerous directors, managers and other senior personnel within businesses in connection with prosecution under the Road Traffic Acts for endorsable offences, particularly in respect of the saving or reduction of mandatory periods of disqualification under the totting up provisions.
Representation of a driver charged with driving without due care and attention in respect of a fatal accident, including representation before the inquest, preparation for and representation at trial.

DEFRA Prosecution

Defending a Director in respect of an allegation of European Subsidies Fraud. Prosecution by DEFRA. In addition, we are retained by other Solicitors to represent and advise their clients in the event of arrest or the execution of search warrants on demands for disclosure and release of documents.