Matthew Haddow –Partner, Forensic Accounting, Investigations, Disputes and Valuations
We are regularly appointed in respect of criminal matters. Collectively, we have dealt with over 500 cases, including major SFO fraud cases, FCA matters and have an established and successful track record of testifying in fraud and other criminal cases.
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 challenged. In our experience it frequently lacks any evidential rigour and may contain 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 to assess Crown evidence which we have found may not support the allegations or quantum in the indictment, but which nevertheless needs our independent expert view for the Court. If this is not done, then the evidence will often not be examined, and there is an increased risk of injustice without further analysis.
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:
- Fraud and companies act offences
- Money Laundering
- Alleged Tax evasion
- Bribery and corruption investigations
- Post-conviction benefit calculation (POCA).
Criminal Litigation Case Examples
Some of our recent cases include:
R v S, R & Others
High profile case in respect of indictment for fraud, forgery and money laundering. Providing Expert report to respond to Crown Experts and indictment. No convections obtained. Aspects of the case to be retried.
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 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 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.
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 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.
Contact Menzies Forensic team
To speak to a partner or for more information about the services we offer please contact one of the Menzies LLP offices or complete the contact form below.