Nicholas has appeared in the full range of long and complex fraud trials from banking fraud, to fraudulent trading, Tax fraud and boiler room fraud.
Over the next 12 months he will defend in a carbon credit fraud, two MTIC frauds and a cybercrime case involving an attack on a US state pension scheme.
R v Pabon – Court of Appeal (2018)
Led by Tom Allen QC, Nicholas appeared in the Court of Appeal for one of the Barclays traders who had been convicted of Libor rigging. The appeal focused on an expert called by the SFO to explain banking, including Libor and STIR, to the Jury. However, it became apparent during the retrial of a co-defendant that the witness was not in fact an expert in those areas and had not complied with his duties as an expert.
R v H & Ors – Sheffield CC – 2017
Nick acted for the main defendant in this complex fraud case concerning allegations of fraudulent trading, fraud and money laundering. The Crown alleged that the defendants had deliberately allowed the company to go into liquidation to avoid paying creditors, only to start a ‘phoenix’ company. However, during the trial the defence uncovered that this was on the advice of a Liquidator, who in fact was assisting the Police investigation. The Crown were forced to abandon this aspect of the case and H went on to be acquitted of all other charges.
R v S & Ors – Portsmouth CC – 2017
Nick defended one of four defendants alleged to have laundered the proceeds of a cybercrime. By hacking into internal networks, the fraudsters posed as high value suppliers to businesses. These businesses were tricked into paying large sums into the defendant’s accounts. Through examining metadata and IP addresses linked to whatsapp messages and emails, Nick was able to show that S was an innocent dupe of sophisticated criminals. S was acquitted.
R v M & Ors – Cambridge CC – 2017
Nick defended M, the first defendant in this sophisticated courier fraud. The gang targeted the elderly and, pretending to be Police Officers, convinced them to withdraw and hand over large amounts of cash to associates who would pose as couriers. The trial centred on complex evidence from cell site, car trackers and Automated Number Plate Recognition (ANPR).
R v H – Sheffield CC – 2016
Nick was led by Andrew Trollope QC in this complex fraud case concerning allegations of fraudulent trading and theft against a company director. The case gave rise to several complex legal issues including the true ownership of company assets, the position of creditors and whether a company director can steal land from that company. Following a four-week trial, H was acquitted of the main allegations.
R v U – Southwark CC – 2016
U was alleged to have organised numerous fraudulent car insurances by providing false information. He was charged with a conspiracy to defraud along with three others. This was a voluminous case involving thousands of pages of telephone and computer evidence. On the first day of trial all co-defendants pleaded guilty. Nick obtained disclosure of the full files from the insurance company and, following extensive cross-examination of the witness from this company, successfully argued that there was no case to answer.
R v M (2014) – Central Criminal Court
A £37m money-laundering trial at the Old Bailey in which the Crown was forced to offer no evidence once the defence had exposed a wide range of failings in the investigation. This was a factually complex case involving thousands of pages of financial documents. In her judgment HHJ Wendy Joseph QC labelled the NCA incompetent. On behalf of Mohaideen it had been submitted that the Indictment was wrongly cast and that the Crown’s figures were inaccurate. The subsequent investigations led to the end of the case. Nick was led junior.
R v L (2013) – Cambridge Crown Court
Junior alone defending in Operation Magpie, believed to be the largest ever Trading Standards rogue trading prosecution. In total 17 defendants were charged. Nick represented the wife of the main defendant. The defendant was convicted following a re-trial, the jury having failed to reach a verdict at the first trial. An application to stay the case as an abuse of process due to adverse publicity was made when newspapers published prejudicial details prior to the re-trial.
R v M (2012) – Liverpool Crown Court
This was a five-handed insurance fraud involving loss assessors and landlords. Nick represented the only defendant to be acquitted by the jury. The case concerned a variety of fraudulent misrepresentations designed to avoid claims being caught by certain exclusion clauses. The case involved challenging expert evidence from insurance investigators, loss adjusters and mechanical engineers.
R v B (2011) – Southwark Crown Court
Junior alone in a 12 week multi-handed diversion fraud concerning the evasion of £10m of VAT due on imported counterfeit cigarettes. Nick represented the defendant who organised the transport of the cigarettes in the UK. The conspirators were said to have links to the mafia. Evidence included covert recordings, surveillance and cell site. The head of the conspiracy was given the maximum sentence due to the size and value of the fraud.
R v D (2009) – Northampton Crown Court
Led by Junior defending the first Defendant in this 6 handed 17 Count trial primarily concerning a £500k fraud on Northamptonshire County Council as well as money laundering and tax evasion allegations. The Defendant was acquitted of all counts at the conclusion of the Crown’s case following 9 weeks of evidence
R v K (2006) – St Albans Crown Court
Led Junior representing the main defendant in a large scale mortgage fraud. The evidence included many hours of covert recordings.
R v B (2005) – Maidstone Crown Court
Led Junior representing the main defendant in a multi-million pound cigarette smuggling conspiracy