The client was arrested in 2016 for allegations of conspiracy to defraud, fraudulent trading, failure to keep adequate accounting records, and conspiracy to cheat the revenue (corporate tax and indirect tax) spanning in excess of a six-year period between 2009 and 2016.
The client vehemently denied all allegations from the outset, during police interviews, and maintained the same entrenched position at trial.
The allegations eventually came to trial in November 2024, following several trial dates being aborted due to the COVID-19 pandemic. No jury was ever empanelled due to novel and complex legal arguments, which culminated in the prosecution reviewing the case and offering no evidence against the client and all others indicted sixty days after the commencement of the trial.
It is noteworthy that the prosecution, when explaining its reasoning to the court, cited that the client’s defence, alongside the cut-throat defence and the legal submissions made on his behalf, was a key factor that resulted in the abandonment of the entire prosecution against all defendants.
Formal not guilty verdicts were entered on all counts against the client.
Having represented and travelled the thorny criminal justice journey with this client, the real question arising is: Is this really a win for the client? What is the cost to a professional who finds themselves facing a criminal investigation? The client was arrested for serious, unfounded allegations in 2016 following a protracted joint police and HMRC investigation. The uncertainty of the proceedings hanging over any professional (a lawyer) for nine years is extremely stressful. The unfounded allegations blight the individual’s right to a family life (Article 6 ECHR), wellbeing, and, most importantly, career and professional development.
This case highlights why it is imperative for professionals or high-profile clients, when instructing a legal team, to select individuals experienced in multi-disciplinary specialisms, with in-depth knowledge of defending those charged with criminal offences, tax law, and regulatory law.
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