Cases
-
Asset Forfeiture & Confiscation
-
Anna represents prosecutors, foreign governments, defendants, receivers and third parties in proceeds of crime litigation in the High Court and Crown Court.
She is regularly instructed as specialist counsel by the Proceeds of Crime Unit of the CPS, SFO and others in restraint, confiscation, variations, enforcement and receivership proceedings, under POCA, CJA and DTA, and in Judicial Review proceedings.
- Re Nixon [2020] 1 WLUK 118 – High Court application for certificate of increase under the DTA 1994; court had jurisdiction with regard to legitimately and subsequently acquired assets.
- R v Goodman (2019) – £1.6m confiscation order; issues of adverse effect of previous confiscation orders and treatment of ‘debts’ between drug dealers.
- R v Anderson (2019) – s.22 POCA application on the use and limits of R v Waya [2013] 1 AC 294 and ‘capping’ effect of R v Cole [2018] EWCA Crim 888.
- Operation Jade (2019) – multi-million £ confiscation and dispute on correct application of R v Ahmad & Fields [2014] UKSC 36.
- For multiple Member States of the EU applications to recognise overseas Restraint Orders (2019).
- R v Jones (2018) – application to vary High Court restraint order to enforce civil judgment and impact on related, concurrent, Crown Court confiscation proceedings.
- R (on the application of O’Connell) v Westminster Magistrates Court [2017] EWHC 3120 (Admin); [2018] Lloyd’s Rep. F.C. 130 – Judicial Review of activation of default sentence on grounds of abuse of process and Human Rights violation. Defendant extradited following activation of default on a European Arrest Warrant. Successful grounds in opposition to appeal to Supreme Court.
- R v Brewer (2017) – Court of Appeal ruling on effect of amended S.11 POCA on ‘time to pay’ confiscation order.
- R v F (2016) – long running litigation relating to interplay of applications to increase available amount and accumulative confiscation orders.
- R v Esfandmodz (2015) – contested High Court receivership with multiple third-party interests and associated civil claim for fraudulent misrepresentation.
- R v Gurr (2015) – multiple third-party property interest litigation in receivership application.
- Op Segman (2014) – enforcement of confiscation order in Netherland Antilles with ‘corporate veil’ issues.
- Op Numerator (2014) – contested Crown Court receivership in relation to third-party interests in domestic and overseas properties.
- Re T (2014) – generic advice in relation to pensions in light of Government proposals as proceeds of crime and associated tax implications.
- Re B (2014) – DTA High Court confiscation order increase.
- R v Azad (2010-2012) – settling a £2m confiscation order and various issues thereafter including enforcement following the death of the defendant.
-
Bribery & Corruption
-
Anna is instructed by the Foreign Office’s SIPT in the prosecution of attorneys and former
government ministers of the Turks and Caicos Islands for £100m plus bribery, corruption and money laundering (R v Misick and others). This is a long running and complex case following a Commission of Inquiry and the suspension of the Government.
She also advises firms on their regulatory responsibilities and liability under the Bribery Act 2010
-
Fraud & Financial Crime
-
Anna’s core practice invariably either involves or arises out of financial crime. In addition to the above examples include:
Defrauding regulatory authority (2019) – accusation of male fides of the Crown and complex PII issues.
Anna has also been instructed in civil fraud proceedings: – intervening in civil proprietary claim
connected with High Court freezing order proceedings and resisting orders which compete with criminal asset recovery.
R v O’Sullivan and Kerr – instructed disclosure counsel in the prosecution of British attorneys in the Turks and Caicos Islands for Stamp Duty fraud in a $28 million dollar property transaction between U.S. nationals.
She is appointed to the Serious Fraud Office prosecution panel and specialist proceeds of crime panel.
-
LPP
-
Regularly instructed in the area of legal professional privilege. She advises parties on applicability and waiver of privilege.
She acts as independent counsel to identify material protected by legal professional privilege whether present during the search (of homes or solicitors offices) or reviewing large amounts of seized material – as in Operation Steamroller (a £70m share sale fraud) for the Serious Fraud Office.
Professional Memberships
- Proceeds of Crime Lawyers Association
- Female Fraud Forum – Standing Committee Member
- South Eastern Circuit
- Criminal Bar Association
- Middle Temple
- Grade 2 CPS Counsel
Awards, Qualifications & Other
Appointments: Ombudsman at the Financial Ombudsman Service in the areas of banking and credit.
Visiting Lecturer: University of Law, Bloomsbury, London delivering training in criminal litigation and advocacy.
Trained Mediator: through London School of Mediation for ADR in civil litigation and, previously, in work-place mediation.
Anna also experienced the role of ‘instructing solicitor’ in 2010-2011 when seconded to the Proceeds of Crime Unit, CPS, responsible for the running and conduct of complex, high value proceeds of crime cases in the Court of Appeal, High Court and Crown Court.