LinkinLegal

About

Bark&co has one of the UK’s leading fraud and business crime practices, with specialist expertise in heavyweight prosecutions and investigations brought by the SFO, the FCA, HMRC and other national and international prosecuting bodies. It is committed to fighting tenaciously to protect its clients’ interests, and has represented clients in relation to many of the largest and most important frauds of recent years. The firm: Bark&co is one of the UK’s most progressive and successful fraud and business crime firms. An original member of the Specialist Fraud Panel, it handles civil and criminal fraud, business and tax regulation, tax investigations, white-collar crime, bribery and corruption, and serious crime cases for high-net-worth individuals, as well as national and international companies. The firm has a flexible approach, tailoring its advice to meet each client’s individual needs. Its rigorous commitment to quality and discretion is widely recognised and generates significant referrals from satisfied clients. The firm also appreciates the importance of working with specialists to create robust PR and media management plans. - Principal areas Fraud: white-collar crime: Bark&co handles a wide range of white-collar crime and fraud cases, including prosecutions and investigations brought by the SFO, the FCA, HMRC, the Special Compliance Office of the Inland Revenue, the CPS, the NCA, SOCA and other prosecuting bodies. Specialists in heavyweight criminal fraud work of all kinds, Bark&co’s advice is increasingly also sought in major civil fraud cases. Acknowledged as a leader in the field, the firm has helped clients in connection with many of the highest-profile prosecutions brought by the SFO and other agencies. Its recent record includes representing some 55 clients at Southwark Crown Court (over the past year, or awaiting trial) as well as acting in a succession of large-scale FCA investigations and prosecutions. Expertise includes money laundering and carousel fraud, mortgage fraud, investment fraud, corruption, pension fund fraud, telecoms fraud, theft, fraudulent trading by company directors and internet fraud. Dedicated teams also assist in relation to confiscation and post- and pre-charge restraint proceedings. The firm has acted for individuals in many of the largest and most important frauds of recent years, such as the Cheney Pension fraud (the largest theft from a pension fund since Maxwell); the high-profile Asil Nadir case (an SFO prosecution involving allegations of theft from Polly Peck International – including acting for Ersin Tatar (then Prime Minister of Northern Cyprus) in connection thereto); the US$1bn BAE Systems corruption claims; and the Adoboli case (the former trader at UBS charged in relation to US$2.3bn trading losses); and acted for an individual in relation to the SFO’s bribery and corruption investigation into Amec Foster Wheeler (the SFO confirming that it will not proceed with the case after entering a DFA with the company). The firm also acted for a defendant in the SFO prosecution following the Libor scandal; represented key individuals in the high-profile SFO investigations into alleged corruption at Rolls-Royce; and acted in R v F & Others: described by prosecution counsel as the ‘biggest case ever’ involving allegations of carbon trading fraud. More recently it acted for three-time Wimbledon champion Boris Becker in relation to criminal charges brought by the Insolvency Service following his bankruptcy. The firm also won, in 2022, a landmark victory in the Supreme Court for a high-net-worth client, concerning the extent to which suspects of crime are entitled to privacy – a highly significant decision with profound implications for media reporting as well as for individuals subject to criminal investigation. The firm’s civil fraud, VAT and indirect tax practice has grown rapidly in recent years. Much of its work in this area is highly confidential, but recent highlights include representing Dominic Chappell in relation to his prosecution for various counts of tax fraud arising from his takeover of BHS from Sir Philip Green; assisting a client in relation to National Crime Agency and SKAT (Danish tax authority) investigations into a £1.5bn fraud against the tax authorities in a number of countries; acting in a substantial MTIC fraud case, in which an Organised Crime Group was alleged to be accountable for significant losses to the UK Exchequer through associated large-scale VAT and Excise duty frauds; and acting for one of a number of individuals charged in relation to an alleged alcohol diversion fraud operated on a massive scale in 2009 and 2010. The firm’s track record also includes acting in relation to an £800m international tax fraud, and assisting a client in a £108m case arising out of Operation Amazon, described by KPMG and The Daily Telegraph as ‘one of the biggest direct tax frauds in UK history’. Crime: general: The firm also continues to act in large, high-profile criminal cases, following arrests for murder, money laundering, drugs importation, sexual offences and people smuggling. The firm focuses on high-end work, much of it with an international dimension. Bark&co is also active in the fast-growing area of cyber crime, and advises individuals and companies facing investigations or criminal proceedings as a result of health and safety and environmental breaches. The specialist team carefully guides clients through all stages of criminal proceedings from pre-charge interviews through to trial and, where appropriate, appeal. Bark&co has an impressive track record of representing clients in complex criminal matters. These have included the News of the World ‘phone hacking’ prosecution and subsequent computer hacking investigations; the Melanie Hall historical murder case; the case of cricket match fixing / conspiracy to pervert the course of justice involving former New Zealand captain Chris Cairns; the Clerkenwell ’crime syndicate’ case; the Operation Yewtree sexual offences investigation; the landmark Agnes Taylor case, involving torture offences dating back to the Liberian civil war and the largest criminal case of its time; and the UK’s largest ever burglary case (carried out by an international criminal gang against a series of celebrities in December 2019). It was recently successful in securing seven murder acquittals, including the acquittal of a client on one of two conspiracies to murder following a ten-week trial at the Central Criminal Court. It also successfully acted in a high-value theft case concerning an alleged conspiracy involving the acquisition of stolen car parts for international exportation on an industrial scale; secured an acquittal in a multi-defendant ‘county lines’ drugs and modern slavery case; and acted for a high-profile individual under investigation for alleged historic sexual offences – as well as assisting clients in international drugs supply, cyber crime, firearms and terrorism matters. While the firm is well known for its discretion, Bark&co’s services are also sought after in cutting-edge matters in the public eye. International: The firm’s work frequently extends overseas with specialist teams deployed for cases with a multi-jurisdictional element. Its international credentials are demonstrated by its involvement in R v Marrache & Co (the Gibraltar/international law firm fraud case). ### Staffing Figures - 1 Number of UK partners - 30 Number of other UK fee-earners

Office locations

London

London

Bark&co Bridewell Court 14 New Bridge Street London EC4V 6AG

Practice areas

FraudWhite-Collar CrimeBusiness CrimeRegulatory InvestigationsTax InvestigationsBribery And CorruptionMoney LaunderingConfiscation And RestraintSerious CrimeMedia And Reputation Management

Lawyers in this office

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David Byrne

Up until February 2003, partner and head of litigation and investigations in Dechert’s London office. He set up Byrne and Partners as a specialised litigation and regulatory practice. He handles all aspects of investigations work and represents companies and individuals in national and international fraud cases and regulatory investigations, including those brought by the SFO, DTI, CPS, FCA, Inland Revenue and Customs & Excise. He maintains a specialism and is well recognised in the field of Inland Revenue and Customs & Excise investigations. · Criminal Litigation

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Dharsh Lokaswaran

Dharsh is a Solicitor Advocate with a wide-ranging general crime practice. She is involved in many of the department’s key cases, with recent examples including modern slavery and large-scale drugs manufacture/supply cases. · Serious Crime

Giles Bark-Jones photo

Giles Bark-Jones

Giles Bark-Jones has defended clients in many of the largest white-collar crime and fraud cases of recent times. His impressive track record and wide experience includes representing individuals in prosecutions and investigations brought by the SFO, the FCA, HMRC and other bodies. Giles’s track record includes the SFO investigation into Rolls-Royce, acting for a number of key individuals; R v Asil Nadir (an SFO prosecution involving allegations of theft from Polly Peck International); the Adoboli case (involving a US$2.3bn trading loss fraud at UBS); and R v F & ors, described by prosecution counsel as the ‘biggest case ever’ involving carbon trading fraud. Other recent highlights include acting for three-time Wimbledon champion Boris Becker in relation to criminal charges brought by the Insolvency Service following his bankruptcy, and acting for the Prime Minister of Northern Cyprus in connection with the Polly Peck/Asil Nadir case. On the tax side, Giles has a similarly impressive record including an appeal against a £60m+ conviction for alcohol tax evasion; a complex matter involving payroll companies that allegedly failed to pay tax on behalf of the companies for which they acted; and a £100m multijurisdictional matter described by KPMG and the Daily Telegraph as “one of the biggest direct tax frauds in UK history”. He also assisted a number of clients in National Crime Agency and SKAT investigations into a £1.5bn fraud against the tax authorities in a number of countries, and has defended in large-scale money laundering SFO investigations. Giles is an expert in serious general crime as well as criminal fraud, and his practice includes high-profile murder/manslaughter cases, sexual offences cases, and cases involving offences under anti-terrorism legislation. · White-Collar Crime

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Magdalena Motyl

Legal Consultant · Extradition

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Malisha Patel

Malisha is a para-legal at Bark & Co who assists solicitors as well as preparing her own cases for trial. Malisha has worked on an extensive range of criminal cases including drugs offences, fraud matters and sexual offences. She is passionate about defending the rights of the vulnerable and has experience in dealing with clients who suffer with mental health and/or learning difficulties. She delivers high quality service, upholding client care in every action. She understands the difficulty our clients face when charged with a criminal offence and will work to the best of her ability to ensure that justice is achieved. Client testimonials: “Honestly cannot thank you enough, I just feel so thankful for all you have done and the results you have achieved thank you again!” “Ms Patel, who was always to hand when needed and exhibited a professionalism and maturity beyond her experience.” “Thanks for all your hard work throughout the case it’s been reassuring having you defending my son, I’m really grateful. ” · Criminal Defence

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Maria Stalbow

Senior Solicitor · Fraud

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Patricia Wilson

Pat is a criminal defence expert in white collar and business crime, general criminal defence including serious drugs offences, rape, murder and kidnap, and proceeds of crime offences. She has significant experience defending clients in serious and complex criminal cases facing charges brought by CPS, HMRC, SFO, FCA, The Pensions Regulator and Trading Standards. Pat has particular expertise in representing clients in POCA related matters concerning money laundering, confiscation, enforcement, restraint orders and asset forfeiture proceedings. ‘’Pat is extremely organised and clear in her instructions. She is always willing to go the extra mile to ensure the best possible outcome for her clients. She has worked on a number of high -profile cases but brings the same level of attention to detail to cases large and small. She has good knowledge of the law and doesn’t leave any stone unturned." Chambers & Partners 2021 · Criminal Defence

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Paul Cameron

Senior Consultant · Criminal Defence

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Peter Finbow

Peter Finbow is a Senior solicitor at Bark & Co with over 20 years experience of defending clients in complex, high profile, and lengthy investigations and prosecutions brought by the SFO, FCA, HMRC, CPS, and Insolvency Service amongst others. He has also defended cases involving the HSE, NHS, Environment Agency, DEFRA, and Trading Standards. He has acted for clients in successful appeals to the Court of Appeal and the Supreme Court. Peter has particular experience in defending financial and business crime cases involving fraud, tax offences, share dealing offences, money laundering, restraint and proceeds of crime proceedings. · Criminal Defence

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Ria Kudrati

Ria qualified as a Solicitor in 1999, gained her Duty Solicitor status in 2002 and obtained her Higher Rights of Audience in the Crown Court in 2008. She is also a trained, accredited Mediator. She has been instructed as Junior Counsel in complex multi handed cases and has previously headed Crime departments in her previous firms with responsibility for guiding and mentoring trainee solicitors and Junior Staff members. Throughout this period, she has gained extensive experience in criminal matters representing both adult and youth Clients, regularly appearing, as an advocate, in the Criminal Courts and representing Clients at the Police Station, from the investigative stages through to trials. She is also familiar with cross border negotiations involving highly sensitive matters pertaining to counter terrorism and extradition. Ria advises on pre charge representations during police bail periods, to the police, courts, and prosecution often to avoid charges being brought on the legality of investigative powers or in relation to restrictive bail conditions. Ria has a keen interest in representing vulnerable children and adults with additional needs. She is familiar with the particular difficulties faced by this Client group including intermediary applications and discontinuance or ‘interests of justice’ representations, the implications of the Modern Slavery Act and the NRM framework. Ria has also successfully completed the vulnerable witness accredited training program with the Law Society. Ria has represented ‘celebrity’ high profile Clients facing the personal and professional trauma of historic sexual allegations and regardless of how a case is funded, she is a skilled advocate known for her excellent Client rapport, pro-active advice, dedicated, meticulous case preparation and favourable results as well as acquittals. Ria is currently the lead Crime Supervisor for the firm, but she also undertakes a range of privately funded and legal aid Client matters defending the firm’s more serious and complex cases including murder, sexual offences, money laundering and fraud. “Ria Kudrati … Gives strong and professional advice in an unflinching manner. Steadfastly strong for her clients. A pleasure to work with. Tirelessly hardworking and an excellent team player. Clients are in very safe hands under her stewardship.” – James Scobie QC · Crime

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Sabrik Dhamu

Senior Solicitor · Fraud

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Safiya Sinclair

At the start of her career, Safiya trained with Bark&co to qualify as a Solicitor. After some years, she then returned to us in November 2021 as a Consultant, and has been an integral part of the team again ever since. Safiya’s work mainly involves her representing suspects at the police station, Defendants in the Magistrates’ and Crown Courts, and appeals against conviction and/or sentence where appropriate. She accepts instructions for both legal aid and privately funded work. She is renowned for the excellent rapport she has with her clients and her meticulous case preparation, which many colleagues comment on and are highly appreciative of. Her experience spans from representing those accused of murder, to those accused of ‘petty crime’. No matter the seriousness, she recognises that any brush with the Criminal Justice System can have a massive impact on her client’s lives, and therefore strives to give her utmost attention and time to every case she is instructed on. Recent Cases: K – no further action taken in relation to an allegation of attempted murder. The client was arrested in the vehicle involved in the alleged incident approximately half an hour after the incident was said to have taken place. M – no further action taken in relation to an allegation of conspiracy to commit GBH despite the complainant describing the person that stabbed him as M. R v C – case of possession with intent to supply drugs over a sustained period of time dropped by the CPS before trial. The client raised a defence of Modern Day Slavery. Safiya instructed two experts to compile reports in support of his account which the CPS took into consideration when discontinuing the case. R v A – client received a 2 year suspended sentence following a guilty plea to possession with intent to supply class A drugs. The starting point on the sentencing guidelines is 4.5 years immediate custody. R v P – case dropped by the CPS four months after the client was charged with aggravated burglary and allegedly cell sited in the vicinity of the incident. Safiya instructed a telephone/cell site expert to analyse the telephone data in this case and test the strength of the case against her client. R v B – client received a suspended sentence for a third possession of a knife offence. The Sentencing Guidelines state (not verbatim) that a court must impose a sentence of immediate imprisonment, a minimum of 6 months, for any second knife offence, unless it would be unjust. Robust mitigation and careful preparation on this case achieved an impressive result. R v M – client acquitted by the Jury following a £33,000 fraud which was proved had taken place. R v T – client acquitted by the Jury after approximately 30 minutes of deliberation following a successful defence of necessity. · Criminal Defence

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Vanessa Wiggins

Solicitor · Criminal Defence