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Case Studies

Below are a selection of cases that Maidments Solicitors have defended over the years :-

BIS –v- C & C : Fraudulent Trading and False Accounting

The firm act on behalf of two Directors of a company in liquidation where the Department of Business Innovation and Skills investigate allegations of failing to keep adequate accounting records, failing to preserve accounting records, misconduct in the course of winding-up, fraudulent trading and false accounting. The allegations centre on failure to pay VAT, corporation tax, and PAYE during the relevant trading periods, with significant losses to the Revenue.

This is a complicated enquiry involving significant accounting processes, Companies Act and Revenue Law issues. The firm has substantial experience in advising and assisting in business crime to Directors of companies which have suffered trading difficulty leading to insolvency and thereafter allegations of criminal conduct in the course of trading.

Directors and Company officials caught up in such investigations conducted by the Department of Business Innovation and Skills who require our advice and representation in respect of such matters should contact Allan Maidment on 07774 261 600, or allan.maidment@maidments.co.uk

REGINA –v- W

The practice acts in respect of a director of a yacht brokerage in respect of a prosecution following a Vat enquiry by HMRC in respect of cheating the revenue with an alleged loss of in excess of £1million in VAT. Case before Southampton Crown Court.

REGINA –v- M

The practice acts for a director of a company alleged to have been involved in a conspiracy to supply cocaine valued at in excess of £5million. Case before the Bournemouth Crown Court.

REGINA –v- S

The practice acted for an accountant, one of seven defendants, charged with conspiracy to cheat and money laundering in a construction industry invoice fraud with an estimated to loss to the revenue of in excess of £20million. Case before Birmingham Crown Court.

REGINA –v- K

The practice acts for one of two defendants charged with conspiracy to cheat the revenue in relation to a VAT Fraud investigated by HMRC and prosecuted before Southwark Crown Court.

REGINA –v- H

The practice acts for one of 15 defendants charged with conspiracy to defraud insurance companies in relation to the alleged staging of false accidents resulting in fraudulent insurance claims being made to in excess of £1million. Case before Southwark Crown Court.

REGINA –v- M

The practice acts for one of seven defendants charged with conspiracy to defraud and money laundering in respect of a boiler room fraud with alleged losses to investors in excess of £8 million. Case before Southwark Crown Court.

REGINA –v- R

The practice acts in a three trial case of conspiracy to import class A drugs to a value in excess of £500million. Trials to be heard before the Birmingham Crown Court.

REGINA –v- W

The practice successfully defended individual charged with the killing of a 9 month old baby. The case involved the complex medical area of ‘Shaken Baby Syndrome’.

REGINA –v- B

The practice successfully defended an individual charged with murder. It was alleged that the defendant had shot and killed the deceased in a nightclub. Despite the case for the Crown incorporating motive, eye witnesses and CCTV evidence, the defendant was acquitted after a lengthy trial at Bradford Crown Court.

REGINA –v- H

The practice defended an individual at Manchester Crown Court charged with murder. The defendant stabbed the deceased whilst being attacked. He relied on self defence and was acquitted after a 2 week trial.

REGINA –v- AH

The practice acted for an individual arrested on a European arrest warrant and returned to the UK to be charged with his part in the murder of a man during a large scale incident. The defendant was charged with murder on the basis of joint enterprise. Not guilty verdict recorded on the 3rd day of a 3 week trial. Other defendants (not represented by this firm) found guilty and sentenced to life imprisonment.

REGINA –v- SB

The practice acted for a girl charged with the murder of her boyfriend. Charge reduced to manslaughter and the defendant sentenced to 5 years imprisonment.

REGINA –v- C

The practice acts for a senior former officer of HMRC in connection with allegations of conspiracy to pervert the course of justice and misconduct in a public office. This prosecution follows two investigations conducted by the Metropolitan Police and the IPCC spanning several years. The matter is for trial before the Southwark Crown Court.

REGINA –v- S

The practice acts on behalf of one of 25 defendants in a linked three trial MTIC fraud prosecuted before the Kingston Crown Court. The prosecution follows a long running VAT fraud investigation by HMRC into an alleged Vat fraud revenue loss of in excess of £20 million through the trading activities of a number of companies.

REGINA –v- C

The practice acted for a director of a pension trustee company, one of two charged with conspiracy to defraud and other related offences in respect of alleged pension fund fraud. The prosecution was brought by the SFO in respect of an alleged £52million fraud, described as the biggest pension fraud since Maxwell. Our client was acquitted in respect of all charges brought against him.

REGINA –v- K

The practice acts for one of five defendants in respect of an HMRC prosecution in respect of conspiracy to cheat the Revenue of Vat revenue of nearly £5million arising from the trading activities of certain companies in respect platinum bars. The case is for trail before the Liverpool Crown Court

REGINA –v- S

The practice represented one of 17 defendants in Operation Karnak, relating to the importation of £60 million of cannabis including matters relative to the extradition of our client from France. The case was prosecuted before the Southwark Crown Court.

REGINA –v- D

The practice acted on behalf of one of nine defendants prosecuted in respect of a boiler room fraud involving share investments placed by investors through dealing offices in Spain. Investor losses were put at in excess of £10million. Case before Harrow Crown Court.

REGINA –v- P

The practice acted on behalf of one of 4 defendants charged with money laundering offences to a value in excess of £30million such monies being moved off shore through money service businesses. The case was before Southwark Crown Court having been investigated by SOCA

REGINA –v- P

The practice acts in defence of one of three defendants prosecuted by the SFO in respect of an International boiler room fraud with connections to Spain Eire and the UK. Allegations relate to the selling of shares in companies in the USA and Europe to a value in excess of £3million. The case is before Southwark Crown Court.

REGINA –v- B

The practice acted for an employee charged with the theft of company funds in excess of £1.8 million . The case was prosecuted before the Leeds Crown Court

REGINA –v- M

The practice acted on behalf of a client charged with money laundering and receiving stolen vehicles . The matter involved in excess of a £1million and was prosecuted before the Ipswich Crown Court.

REGINA –v- B

The practice acted on behalf of one of 12 defendants in connection a conspiracy to supply cocaine and money laundering to avalue in excess of £2million . The case was prosecuted before Leeds Crown Court and our client was found not guilty in respect of all matters.

REGINA –v- S

The practice acted in the defence of a trading standards prosecution before the Burnley Crown Court relative to mal practice in respect of the sale of motor vehicles

REGINA –v- M

The practice acted on behalf of one of three defendants prosecuted in respect of evasion of payment of tax to a value in excess of £1 Million- Ipswich Crown court

REGINA –v- E

The firm acted on behalf of the Chief Executive Officer who was a Chartered Accountant of one of the country’s largest recruitment companies with a turnover in excess of £1.2 billion per annum. Three of the Directors of the company faced charges which were prosecuted by the Serious Fraud Office before the Croydon Crown Court in respect of conspiracy to defraud shareholders arising from the company’s accounting practises and the disposal of a subsidiary company, such practises, it was alleged, were designed to produce inflated turnover and profit to satisfy financial expectation of the company in the City.

REGINA –v- L

In this case we acted on behalf of a Quantity Surveyor who was charged with an allegation of conspiracy to defraud a Welsh Local Authority arising out of the placing of tendered work to favoured contractors which resulted in a substantial loss to the Local Authority. Caernarfon Crown Court.

REGINA –v- H

We acted on behalf of an accountant who served as a director to two financial advisory companies, the director also provided independent accountancy services to the companies. It was alleged that he was involved in a conspiracy to defraud creditors, and in relation to the provision of unauthorised investment advice, matters prosecuted by the Financial Services Authority. (This case was ultimately the costs authority in respect of the definition of ‘serious fraud’). Manchester Crown Court.

REGINA –v- C

This case involved 27 defendants involved in Colombian drug importation, drug supply and money laundering, the firm acting on behalf of one of those accused of money laundering. The case was one of the most significant prosecuted in 2005, there being three separate trials before the Southwark Crown Court. Money laundering on a massive scale was alleged by the Crown, evidenced by the most extensive of covert surveillances undertaken by Police Officers over a period of several years.

REGINA –v- M&A

The firm defended in respect of a prosecution for multi million advance fee fraud involving investors in bank instrument investments where substantial advance fees were obtained. The case encompassed evidence gathered from witnesses in Europe and United States, obtained by both the prosecution and the defence. Manchester Crown Court.

REGINA –v- P

The firm acted on behalf of one of three defendants, a former officer of HMC&E prosecuted following the Brandfield enquiry in respect of an allegation of misconduct in a public office. This was one of the most extensive of Police enquiries, spreading over a period of seven years, in relation to participating informant heroin importations from Pakistan which were prosecuted by HM Customs & Excise. Sheffield Crown Court.

REGINA –v- T

The firm acted on behalf of a 12 year old defendant who was charged with murder and acquitted after trial. The case involved ground-breaking considerations of head injury and the presentation of forensic engineering and medical evidence which led to the prosecution case not being accepted by the Jury, and acquitted.

REGINA –v- C

The firm acted on behalf of one of several defendants charged with the forgery and the creation of false bank instruments in one of the most sophisticated of frauds relating to the creation of false passports and benefit claimant documentation. Many millions of pounds of false claims were alleged to have been possible as a result of forgery. Manchester Crown Court.

REGINA –v- D

The firm acted for a Dutch National charged with a substantial drug importation of ecstasy. The case involved evidence from Holland and the UK as to covert surveillance of the alleged methods of importation. Hull Crown Court.

REGINA –v- R

The firm acted for a Dutch National charged with the importation of a vast quantity of heroin, who was acquitted after trial, on the basis the prosecution could not establish that he was a knowing party to the importation. Evidence from the UK and abroad was introduced by the prosecution and defence. Manchester Crown Court.

REGINA –v- R

The firm acted for a haulage contractor charged with offences relating to the shipment of liquors and spirits from bonded warehouses in a multi handed and substantial diversion fraud, at the time, one of the largest diversion frauds prosecuted by HM Customs & Excise. Leeds Crown Court.

REGINA –v- M

The firm acted for a defendant charged with a multi million pound advanced fee fraud in respect of bank instrument trading. The investors were from Europe and America and the case involved substantial evidence from abroad and extensive case preparation prior to a lengthy trial. Chester Crown Court.

HMPO –v- M

We defended in respect of a Scottish prosecution of an advanced fee bank instrument fraud with a substantial international dimension involving investors in both Europe and America. Many millions of pounds were alleged to have been obtained from investors into bank instrument investment schemes. Edinburgh High Court.

REGINA –v- W

We acted on behalf of a solicitor charged with mortgage fraud involving advising and assisting clients in respect of the purchase of substantial commercial properties. These were extensive and complex financial transactions involving a number of different companies. Central Criminal Court

REGINA –v- J

The practice acted for a nursing assistant accused of passing herself off as a fully qualified nurse and gave patients injections when unqualified. Case heard at Bury Magistrates Court.

REGINA –v- T, J and A

A husband wife and daughter were charged with racially aggravated harassment, harassment and assault.

Following written representations the cps withdrew the racially aggravated charge and all 3 defendants were acquitted of the remaining charges after a full trial

REGINA –v- J

A client was charged with public order offences against his former partner.

He was acquitted of the charges after a full trial.

REGINA –v- L

The client was charged with racially aggravated criminal damage on a taxi driver in the course of his employment.

Following written representations to the cps the matter was referred back to the police for the client to receive a conditional caution

POLICE –v- M

Client arrested on suspicion of sexually assaulting his Ex Partner. Was able to show during his police interview that allegation was fabricated and client was released with no action being taken against him.

POLICE –v- B

Client arrested on suspicion of attempting to murder his wife after allegation he stabbed her six time in the head. We were able to show during interview that he was mentally ill due to wrongly prescribed medication. Client was released with no action being taken against him.

POLICE –v- A

Client arrested on suspicion of Murder after he was linked to a car used in a fatal shooting. During his police interview client was able to show he was not involved and was released from custody with no action being taken against him.

POLICE –v- S

Client arrested on suspicion of threatening to kill his partner. During interview client was able to show his partner has a history of making false allegation and he was released from custody with no action being taken against him.

POLICE –v- B

Client was arrested on suspicion of Robbery on a bus. During interview client was able to show it was her friend who committed the offence and she was not involved. Client was released from custody with no action being taken against her.

POLICE –v- H

Client was arrested on suspicion of robbery after vulnerable victim named client as person who entered his address, seriously assaulted him and took his property. During interview client was able to show victim had maliciously named her. Client was released from custody with no action being taken against her.

POLICE –v- L

Client was arrested on suspicion of street robbery. During his interview client was able to demonstrate that the alleged victim was known to him and he was mocking him never intending to steal his property. Client was released from custody with no action being taken against him.

POLICE –v- H

Client was arrested on suspicion of Malicious wounding causing GBH with intent after victim alleged client stabbed her. Client was able to demonstrate during her interview that she had an alibi and was released from custody with no action being taken against her.

REGINA –v- W

This practice acted for a client in relation to a multi handed serious violent disorder in Moss Side and secured none custodial sentence.

REGINA –v- C & REGINA –v- S

This practice acted for clients in respect of large scale multi handed violent disorder at UEFA Cup Final in Manchester.

REGINA –v- P

This practice acts for our client a bookmaker in relation to money laundering following a major investigation into criminal activity in Preston. Case before Liverpool Crown Court.

REGINA –v- H

This practice acts for a client in relation to the wholesale supply of so called “legal highs” and controlled substances valued in excess of £100,000. Case before Winchester Crown Court.