Gavin Cunningham – Forensic Accounting Partner
We can rightly claim a high degree of expertise in dealing with criminal litigation. Collectively, we have dealt with over 500 cases, including major SFO fraud cases and have an established and successful track record.
Often we are instructed for the defence, but we also act for the Crown and are adept at undertaking financial investigations.
We are particularly skilled on confiscation cases where the Crown evidence can often be intellectually challenged. In our experience it frequently lacks any evidential rigour and can be riddled with the simplest of mistakes, both factual and, particularly, analytical. In these cases, we have often reduced sums claimed as “Available assets” by 90% or more and sometimes even down to zero.
We usually act in fraud trials; increasingly we see ill-prepared Crown evidence that does not support the allegations, but which nevertheless needs our independent expert view to challenge it at court. If this is not done, then the evidence will often not be examined, and there is an increased risk of injustice as a result.
We receive instructions from funded clients, but we will consider publicly-funded cases, especially when the alternatives may be lack of proper professional representation.
Criminal Litigation Services
We can assist in the following criminal matters:
- Bribery and corruption investigations
- Fraud and companies act offences
- Post-conviction benefit calculation (POCA).
Criminal Litigation Case Examples
Some of our recent cases include:
R v T
This fraud case collapsed on the first day of trial, as we had been able to show that the complainant had been inaccurate in several technical aspects of his evidence.
R v R
We were instructed by one of the defendants on confiscation, following multiple convictions in a major MTIC case. Initial claims by HMRC on benefit exceeded £100 million and the defendant was alleged to have assets in excess of £5 million. The figures claimed were ludicrous and in the event, we managed to show that available assets were around £430,000, which included over £400,000 restrained in a bank account by HMRC.
R v Directors
In an overseas bribery case, the Crown confused fraud with corruption, and our clients were added on to the indictment when they were actually victims of employee fraud. We were able to show the lack of financial evidence to support the allegations, and they were both found not guilty at trial.
R v V
In this confiscation case we were able to show how the claims made by the Crown as to benefit and assets, were significantly overstated and lacked any intellectual basis. As a result, the available assets figure went down from over £5 million to £125,000.
R v P
The CPS added complex fraud charges onto, essentially a basic theft case. The police lacked the necessary investigative skills to support the allegations, and following our report, the fraud charges were dropped.
To speak to a partner or for more information about the services we offer please contact one of the Menzies LLP offices or complete our online contact form.