Peters & Peters successfully resist politically-motivated extradition requests

Peters & Peters have recently successfully acted for two Russian Nationals to defeat extradition requests made by the Russian Federation. The two individuals, both successful businessmen, were sought for a variety of alleged white-collar criminal conduct, as well as, in one case, uttering threats to kill and, in the other, the usurping of power by the use of violence and the use of violence against a public officer.

In both recent cases Senior District Judge Workman at Westminster Magistrates’ Court found that the extradition requests were politically motivated and that the individuals, if extradited, might be prejudiced at their trial or punished, detained or restricted in their personal liberty by reason of their political opinions. It was held, furthermore, that their extradition would be incompatible with their rights under the European Convention on Human Rights.

Expert evidence was given in court to show that political and economic interests had combined to launch an attack on an individual with the connivance of state agencies, and that the Russian judicial system lacked sufficient independence in such cases. In one case, District Judge Workman stated that the prosecution was ‘not brought in good faith and that there is an ulterior motive for the prosecution other than a genuine desire to bring the defendant to justice’.

Anand Doobay, Partner in the Criminal Fraud Practice at Peters & Peters and Michael O’Kane Head of the Criminal Fraud Practice acted, assisted by Associate Jasvinder Nakhwal and Associate Jenny Barker.  

Anand Doobay stated that:

“These cases further illustrate the ability of the prosecution system to be misused for political and economic motives. The court has acted to stop what would have been the illegitimate use of the extradition arrangements between the United Kingdom and the Russian Federation to further these improper motives.”

'Time is not right for an economic crime agency', Article by Monty Raphael, The Guardian 4 June 2010.

Monty Raphael, Special Counsel at Peters & Peters has written an article for The Guardian on the proposed economic crime agency.  

Peters & Peters act in BA/Virgin trial collapse

Peters and Peters acted for two of the four British Airways who were acquitted on 10 May 2010, following the collapse of the OFT prosecution. This was the first ever case involving the UK cartel offence to come before a jury and the prosecution decided to offer no evidence without any witnesses being called to testify.  The main reason given by the OFT related to the discovery of a large amount of relevant material that had previously been undisclosed.
 
Michael O'Kane, Head of the Criminal Fraud Practice at Peters & Peters, who represented Iain Burns and Alan Burnett, said: "The outcome of this trial is a blow to the OFT and in particular to the way that it delegates investigative responsibility to the immunity applicant in criminal cartel investigations. If this is a resource issue then it should be addressed, as it is clear that effective cartel enforcement can result in huge fines that would dwarf the increase in budget required for the OFT cartel division.”

Iain Burns, paying tribute to his legal team said: "I am hugely indebted to the skill, experience and downright brilliance of both Michael O'Kane and Jasvinder Nakhwal at Peters and Peters who guided me with the utmost professionalism for four long years and then expertly handpicked and instructed an outstanding counsel team of Ben Emmerson QC and Adrian Darbishire. Not only did I feel utterly confident with my team but many Fleet Street commentators told me time and time again that I had the best in the business."

Anand Doobay contributes to 'Blackstone Criminal Practice 2010'

Anand Doobay, Partner in the Fraud and Regulatory department has contributed to the section on Extradition and given his input on EU Criminal Law for the whole work in the recently published Blackstone Criminal Practice 2010.

If you would like more information about this publication, or would like to order, please click on the link below to the Oxford University Press.
http://ukcatalogue.oup.com/product/9780199574209.do?keyword=blackstone+criminal+practice+2010&sortby=bestMatches

Book Review of Michael O'Kane's 'The Law of Criminal Cartels: Practice and Procedure' Michael's book has been noted as '…a much-welcomed and needed book and from a well established practioner.'

Michael's book has been noted as '…a much-welcomed and needed book and from a well established practioner.' The reviewer goes on to say that 'Michael O'Kane's book provides a timely reminder to businesses and their legal advisers of the risks when executives at any level engage in cartel activity'- Global Competition Review, Volume 13, 3 March 2010 edition.

Chambers UK 2010 'A Client's Guide to the UK Legal Profession' recognises Peters & Peters expertise

Peters & Peters renowned expertise has yet again been recognised in Chambers UK 2010 'A Client's Guide to the UK Legal Profession'. To see the excellent comments that have been written about us, please click on the About Us page.

David McCluskey, Contributes to the College of Law Practice Management and Compliance on Money Laundering DVD

David McCluskey, Partner in the Fraud and Regulatory Department, took part in The College of Law DVD on the Practice Management and Compliance of Money Laundering. David is a renowned expert in anti money laundering and to watch David in the afore mentioned DVD please click here

'The Law of Criminal Cartels Practice and Procedure' by Michael O'Kane

Peters & Peters are pleased to announce that ‘The Law of Criminal Cartels’ by Michael O’Kane, Partner and Head of the Fraud and Regulatory Department, was published by Oxford University Press on 3rd September 2009.

To read the full press release please click here

Michael O'Kane, Partner and Head of the Fraud and Regulatory department, appeared on the Nick Ferrari breakfast show on LBC, on Wednesday 5 August 2009 to talk about the Gary McKinnon Extradition case

To listen to the Podcast please go to http://lbc.audioagain.com/

Michael O 'Kane, Head of the Fraud and Regulatory Department, appeared on the BBC Radio 4 Today programme on Saturday, 20 June 2009 at 8.50am and discussed the MP's Expenses Scandal

Michael O 'Kane, Head of the Fraud and Regulatory Department, appeared on the BBC Radio 4 Today programme on Saturday, 20 June 2009 at 8.50am and discussed the MP's Expenses Scandal

Click here for link to the BBC

Response to the Attorney General’s Office Consultation on 'The Introduction of a Plea Negotiation Framework for Fraud Cases in England and Wales'

In response to the Attorney General’s consultation on plea negotiation in fraud cases, Monty Raphael, Special Counsel has provided a response on behalf of the firm to this far reaching proposal.

To read the full response please click here

JUSTICE elects Anand Doobay as a Council Member

Anand Doobay, a Partner in the Fraud and Regulatory department has been elected as a JUSTICE Council member. JUSTICE is a British-based, all-party, human rights and law reform organisation. Its purpose is to advance justice, human rights and the rule of law.

Peters & Peters 'Highly Commended' in the New Frontiers Section in the Financial Times Innovative Lawyers Report 2009

The Financial Times have recognised the unique work carried out by Peters & Peters in Operation Rize in the prestigious FT Innovative Lawyers Report 2009. “The firm manoeuvred between civil, criminal, tax and benefits laws to sensitively negotiate its clients out of potential criminal proceedings and reuniting them with their safety deposit boxes.”

Peters & Peters CSR Mooting Competition April – July 2009

As part of our Corporate Social Responsibility program, this year Peters & Peters ran a Mooting Competition for BVC and LPC students from BPP Law School, City Law School and the College of Law.

To read further details please click here.

Michael O’Kane named in The Lawyers ‘Hot 100 2008’

We are pleased to announce that Michael O’Kane’s talent as a Litigator has been recognised in The Lawyers special report, 'The Hot 100 2008' published 5 January 2009, which identifies the top 100 outstanding lawyers in the United Kingdom.

To read the entry please click here

Extradition success for Anand Doobay and Jasvinder Nakhwal

To read the full press release of the significant achievement of Anand Doobay and Jasvinder Nakhwal in assisting to defeat the extradition requests of Vladislav Kartashov and Ivan Kolesnikov.

Please click here

Peters & Peters have prepared an initial response to the Ministry Of Justice's Consultation Paper CP28/08 on 'The Award of Costs from Central Funds in Criminal Cases '.

If you would like to read Peters & Peters response please click here.

Acquittal in SFO £100m Imperial Consolidated prosecution

Peters & Peters successfully defended Nicholas Grant Fraser, one of the defendants in the SFO’s Imperial Consolidated case, who was acquitted by the jury on 29 September 2008 following a six month trial at Blackfriars Crown Court.  He was accused of conspiring with others between 1 January 1998 and 30 June 2002 to defraud investors in investment schemes established, promoted and operated by the Imperial Consolidated Group of Companies which the SFO alleged collapsed in 2002 with a shortfall of over £100 million in its UK operation.  The jury was unable to reach verdicts in relation to his co-defendants who face a re-trial in 2009.

Peters & Peters successfully represents London Strategic Health Authority in a claim against ring of fraudulent pharmacists

We have recently represented the London Strategic Health Authority – instructed by the NHS Counter Fraud and Security Management Service (CFSMS) - in a claim by the NHS against a ring of pharmacists who made fraudulent claims for reimbursement of prescription charges based on forged prescription forms.  Over 3,700 false claims were submitted between 1998 and 2001, costing the NHS almost £430,000.

Many of the defendants settled the claims against them at an early stage following commencement of the proceedings.  Following a four day trial which commenced on 14 April 2008, Sir Andrew Park determined that the remaining defendant, Girish Pandya, had been intimately involved with the fraud, and was liable to the NHS in respect of the entire amount claimed.  In total Mr Pandya was ordered to pay the NHS £346,496.59 in relation to its loss and interest to date and £213,449.96 indemnity costs, given his unreasonable behaviour.  The NHS through CFSMS is pressing on with recovery of those sums.

Peters & Peters succeeds against HMRC in the largest ever MTIC Prosecution

Peters & Peters recently represented an exporter of mobile telephones charged with cheating the Revenue and money laundering in an MTIC fraud. HM Revenue & Customs described it as the largest MTIC prosecution bought, with alleged VAT losses of £250million. In this case HMRC took the unusual step of charging a number of exporters, as well as those more proximate to the misappropriation of VAT. Following careful analysis of the case against our client we successfully applied for dismissal of the charges at Southwark Crown Court, on the basis that the evidence was insufficient for a properly directed jury to convict. HMRC then sought to persuade a High Court Judge that there were grounds to use the exceptional procedure of a Voluntary Bill of Indictment to recommence the proceedings. We successfully opposed that application, resulting in an award of costs against HMRC.

The Law Society’s response to the Home Office consultation

David McCluskey, Partner in the Fraud and Regulatory Department, has worked closely with The Law Society in drafting the Law Society’s Response to The Third Money Laundering Directive: Draft Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007

Monty Raphael and Neil Swift comment on their victory in the European Court of Justice on behalf of Optigen and Fulcrum.

Monty Raphael and Neil Swift comment on their victory in the European Court of Justice on behalf of Optigen and Fulcrum.