CURRICULUM VITAE JONATHAN FISHER QC - Bright …...3 CURRICULUM VITAE JONATHAN FISHER QC Honorary...

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Barrister, Queen’s Counsel

Barrister law firm

Bright Line Law Services Limited Central Court25 Southampton BuildingsLondon WC2A 1AL

[email protected]

CURRICULUM VITAEJONATHAN FISHER QC

APPOINTMENTS

▪ One of Her Majesty’s Counsel (since 2003).

▪ Committee Member, International Bar Association, Anti-Money Laundering Forum (since 2006).

▪ General Editor, Lloyds Law Reports: Financial Crime (since 2008).

▪ Specialist adviser, UK House of Commons Treasury Committee, advising on civil and criminal enforcement of rules relating to financial services, (2012–2017).

▪ Legal Panel Member, Accountancy Investigation and Discipline Board, (2006–2008).

▪ Standing Counsel to Her Majesty’s Commissioners of Inland Revenue (Criminal) at the Central Criminal Court and London Crown Courts, (1991–2003).

Legal

Recent reported court cases

▪ Nest International v Deloitte [2019] Dubai International Financial Court of Appeal (power to add a party in a civil fraud claim involving alleged failure by auditors to satisfy anti-money laundering and counter-terrorist financing compliance standards).

▪ Serious Fraud Office v ENRC [2018] EWCA Civ 2006 (corporate investigation, alleged corruption, legal professional privilege).

▪ Malabu Oil and Gas Ltd v Director of Public Prosecutions [2016] Lloyd’s Rep FC 108 (international mutual assistance, restraint order, bribery and corruption, Nigerian oil field).

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CURRICULUM VITAE JONATHAN FISHER QC

▪ R v Office of the Prime Minister and Home Secretary ex parte Wheeler [2015] 1 C.M.L.R. 46 ( judicial review: European Arrest Warrant, European Public Prosecutor Office, EU fraud, legitimate expectation of referendum for enactment of European Arrest Warrant measures).

For a full list of reported court cases, see Appendix A.

▪ Advising a high-profile oligarch on his vulnerability to an unexplained wealth order based on alleged corruption;

▪ Advising on corruption and money laundering issues arising out of the $500 million alleged fraud in Angola involving the former President’s son;

▪ Advising on alleged corruption and fraud matters relating to Northampton Town Football Club, the redevelopment of its stadium and the former Leader of the Town Council;

▪ Advising on alleged corruption arising out of an investigation by Romanian National Anti-corruption Directorate into allegations of complicity by an Israeli billionaire in money laundering, peddling influence and forming an organized crime group;

▪ Advising on money laundering and professional regulatory matters, including remediation, following the disclosure of the Appleby “Paradise” papers;

▪ Advising on issues relating to self-reporting, money laundering, criminal benefit and corporate remediation in the Rio Tinto alleged corruption case;

▪ Providing an expert report on breaches of money laundering laws and procedures in an international construction contract involving a Balkan country which is the subject of arbitration proceedings;

▪ Advising on money laundering compliance issues relating to a high-profile family in South Africa;

▪ Advising, and preparing materials for, a leading international accountancy and financial consultancy firm on anti-money laundering compliance procedures;

▪ Advising a Russian oligarch regarding a potential civil claim for bribery and breach of confidence, and drafting pleadings;

▪ Advising, and preparing materials for, a leading US law firm on anti-money laundering compliance procedures;

▪ Advising a UK prosecuting authority on the sufficiency of evidence to initiate a prosecution against a professional person for money laundering;

▪ Advising a Premier League football team and a large company on the corporate facilitation of tax evasion offence;

▪ Providing expert evidence on corruption proceedings in an arbitration context associated with an SFO investigation;

▪ Advising on the effect of sanctions in a case regarding the grant of a sub-lease.

For a full list of advisory cases, see Appendix B.

Advisory cases

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Honorary

Public sector

▪ Honorary Doctor of Laws, University of the West of England (conferred in 2015).

▪ Honorary Steering Group Member, London Fraud Forum (since 2007).

▪ Non-executive member, Red Tape Initiative (launched in April 2017).

▪ Member, Commission on a UK Bill of Rights (2010–2011).

▪ Chairman of Research, Society of Conservative Lawyers (2006–2010).

▪ Non-executive Trustee Director, Fraud Advisory Panel (2006–2010).

▪ Non-executive member, Asset Recovery Agency Steering Group (2003–2006).

▪ Visiting Professor, London School of Economics (since 2006), teaching corporate crime and financial crime modules on the Law Masters programme.

▪ Participates in the Criminal Law and Criminal Justice Group and the Law and Financial Markets Project. Research interests in the application of criminal law to companies and business human rights.

▪ Visiting Professor, City Law School, London, (2011–2013), delivering two lectures a year to Bar students on developing a practice in fraud cases.

▪ Visiting Professor, Hebrew University of Jerusalem, (2013–2014, 2015–2018), teaching a module on corporate crime to LLB & LLM students.

▪ Visiting Fellow, London School of Economics, (2003–2006), teaching white collar crime sessions on the Criminal Justice Policy Masters Programme.

▪ Visiting Professor of Law, Faculty of Finance, Cass Business School, (2003–2006), teaching financial services regulation.

▪ Visiting Lecturer, Visiting Fellow and subsequently Visiting Senior Fellow, Faculty of Finance, Cass Business School, (1986–2003), teaching financial services regulation.

▪ Lecturer in Law (full time), Chelmer Institute (subsequently incorporated into the Anglia Ruskin University), (1980–1981), teaching jurisprudence and English legal system.

Academic

CONSULTANCY AND PROFESSIONAL TRAINING

▪ African Union / NEPAD – Leading dialogue between African nation participants in Nairobi, Kenya on problems of fiscal leakage caused by tax avoidance and corruption in the extractive industries.

▪ Council of Europe – Providing professional training to Inspectors for Moneyval before beginning their work evaluating compliance by the Channel Islands with international anti-money laundering standards, identifying deficiencies, and proposing additional measures which need to be taken.

▪ Providing consultancy advice and professional training services to the Council of Europe and European Union Eastern Partnership Programme strengthening capacities to fight and prevent corruption and money laundering by instituting legal and compliance procedures which comply with European Union and international standards: – in Serbia; – in Azerbaijan; – in Georgia; – in Moldova.

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▪ Providing consultancy advice and professional training services (on a pro bono basis) to the International Senior Lawyers Project on the establishment of anti-corruption and anti-money laundering legal and compliance procedures in Albania.

▪ Advising the Council of Europe on the application of new asset confiscation laws in the Ukraine.

▪ Advising the Council of Europe on its response to the decision of Ukraine’s Constitutional Court to strike down its law on illicit enrichment through corruption.

▪ Delivering professional training to the European Union (Academy of European Law) on anti-corruption, anti-money laundering and anti-tax evasion laws and procedures.

▪ Providing consultancy advice (on a pro bono basis) to the Ministry of Justice in Israel on the introduction of corporate remediation processes following a company’s conviction for a corruption offence.

▪ Providing consultancy advice and/or professional training on compliance with legal and regulatory requirements in relation to anti-corruption, anti-money laundering, anti-tax evasion and economic sanctions requirements to businesses, financial services providers nd professional advisers, of all sizes, ranging from international enterprises and professional firms to SME’s and smaller firms.

▪ Addressing BAE Systems Business Defence Forum on the use of computer-based systems for the prevention of financial crime.

PUBLICATIONS

▪ Criminal Finances Act 2017 – Informa UK, (November 2018, co-author).

▪ Arlidge & Parry on Fraud – Thomson Sweet & Maxwell, 5th edition supplement, (October 2018, co-author).

▪ Lloyds Law Reports: Financial Crime Digest 2008–2017 – Informa, (editor).

▪ Confiscation: Deprivatory and Not Punitive: Back to the Way We Were 2018 – Criminal Law Review, (March, co-author).

▪ Overtaxing Criminal Law, LSE Law – Policy Briefing Paper No. 27, (November 2017).

▪ The Criminal Finances Bill: implications for financial service providers 2017 – Butterworths Journal of International Banking and Financial Law 92, (co-author).

▪ Arlidge & Parry on Fraud, Tax Fraud – Thomson Sweet & Maxwell, 5th edition, (2017, co-author).

▪ Research Handbook on International Financial Crime, Civil and Criminal Fraud – Edward Elgar, (2015).

▪ Fighting Financial Crime in the Global Economic Crisis, Policing the Financial Markets, Risk and Recklessness – Taylor & Francis, (2014).

▪ Temas de Anticorruptcao e Compliance – The UK Bribery Act 2010, Elsevier, Brazil, (2013).

▪ International Guide to Money Laundering Law & Practice, Confiscating the Proceeds of Crime – 4th edition, Bloomsbury Professional, (2013).

▪ A Practitioner’s Guide to International Money Laundering Law and Regulation – EU Directives, Sweet & Maxwell, (2003).

For a full list of publications, see Appendix C.

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PROFESSIONAL ASSOCIATIONS

▪ Criminal Bar Association

▪ International Bar Association

▪ South Eastern Circuit

▪ Society of Legal Scholars

MEDIA

Television

▪ Dispatches, (22.07.2019) £2 Million Passport – Welcome to Britain (Channel 4)

▪ ITN News, (20.06.2017) Barclays – ITN News at 10 Interview

▪ ITN News, (27.04.2017) Serious Fraud Office asked to investigate 2013 deal between Formula 1 and FIA

▪ Dispatches, (08.07.2015) From Russia With Cash (Channel 4)

▪ ITN News, (12.02.2015) Interview regarding HSBC Investigations

Other recent media

▪ The Times, The Brief, (28.5.2020) Lockdown business relief can’t come at the expense of lenders

▪ FT, (30.03.20) High Court Trial streamed on Youtube for first time

▪ The Times, The Brief, (06.02.2020) Corporate confiscation needs urgent reform

▪ FT Adviser, (28.01.2020) Your client’s fortune could be at risk

▪ The Times, The Brief, (13.12.2019) Anti-money laundering laws need to be clarified

▪ Financial Times, (09.08.2019) Burford case puts litigation funding in the spotlight

▪ The Times, (20.06.2019) DPAs: A good deal or a two-tier system

▪ The Times, (20.05.2019) Dirty money bill has too many loopholes

▪ The Guardian, (20.05.2019) UK property register ‘needed urgently’ to stop money laundering

▪ The Times, The Brief, (29.03.2019) Student money laundering strategy may be harder than first thought (co-author)

▪ The Times Online, (22.03.2019) Taxman paid £350K to whistleblowers last year

▪ The Washington Post, (14.12.2018) To combat dirty money, Britain asks: How did you pay for that mansion?

▪ Law Society Gazette, (14.5.2018) Scambusters

▪ Financial Times, (29.03.2018) FCA shuns Brussels in tackling money launderers

▪ City A.M, (26.01.2018) Dirty Laundry, Letter to the Editor

▪ Financial Times, (22.01.2018) UK banking watchdog defends anti-money laundering oversight

▪ The Times Premium Brief, (04.07.2017) Money Laundering Regulations 2017

▪ The Times, (25.05.2017) Lawyer of the week: Jonathan Fisher, QC

▪ Financial Times, (30.04.2017) FCA appoints criminal trials veteran as legal chief

▪ Financial Times, (13.03.2017) UK economic crime agencies given fitness test

▪ The Times, (23.02.2017) The money launderer’s vehicle of choice

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MISCELLANEOUS

▪ Expert evidence to UK Parliamentary Joint Committee on the Draft Registration of Overseas Entities Bill, (4th March 2019).

▪ Mentioned with thanks during Parliamentary debates on the Criminal Finances Bill, HC 22nd March 2017; (HL 28th March 2017).

▪ Expert evidence to UK House of Commons Home Affairs Committee on reforming the UK’s confiscation regime, (8th March 2016).

▪ Distinguished Professorial Address, Policing the Financial Markets, University of the West of England, (14th March 2013).

▪ Peer-reviewed findings by HM CPS Inspectorate on its report into the running of UK’s Serious Fraud Office, (November 2012).

▪ Expert evidence to UK House of Lords European Union Committee (Home Affairs Sub-Committee F), July 2009, referenced at paragraph 131 of the Committee’s report, Money Laundering and Financing of Terrorism, 19th report (2008–2009).

▪ Assisted the Financial Markets Law Committee at the Bank of England concerning the potential impact of the EC 3rd Money Laundering Directive on The Use of Trusts in Issues of Transferable and Intermediated Securities, (2006).

▪ Devised and developed course materials for a module on Fraud offered by City Law School London on the Bar Professional Training Course (BPTC), (2006).

▪ Devised, prepared, and delivered professional training for the Criminal Bar Association on the Proceeds of Crime Act 2002. The training was mandatory for barristers undertaking work for the Crown Prosecution Service.

▪ Listed as a leading individual in Who’s Who in the UK and Debrett’s People of Today.

▪ Available to attend a full range of interviews, including at police stations.

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RECENT RECOMMENDATIONS

▪ “Approachable, clear in his advice and supportive in difficult situations.” “He is a true expert who can be relied upon. He has a very high standard of client service and is always very quick to respond.” (POCA Work & Asset Forfeiture – All Circuits – Band 1: Chambers UK 2020)

▪ “Extremely helpful at giving practical and quality advice on tax-related matters.” “He’s great for matters that span both tax and crime.” (Tax – London: Chambers UK 2020)

▪ “He is accessible and responsive and is reassuringly prepared to take a view even where there might be relatively little case law, and that really requires judgement.” (Financial Services – London: Chambers UK 2020)

▪ “An absolute leading authority on money laundering cases and a mine of information, who is very accessible, highly user-friendly and a pleasure to deal with.” (Financial Crime – London – Band 1: Chambers UK 2020)

▪ “He’s very hands-on and has an ability to summarise complex issues succinctly and memorably.” (Financial Crime: Corporates – London: Chambers UK 2020)

▪ “Highly regarded for his encyclopaedic knowledge and practical advice.” (Proceeds of Crime Act and Asset Forfeiture: Legal 500 2019)

▪ “Clients value his insight, his practicality and the fact that he is very hands-on, always leading from the front.” (Tax: Corporate and VAT/Indirect Tax: Legal 500 2019)

▪ “He is particularly good with anxious clients.” (Fraud: Crime: Legal 500 2019)

▪ “Accessible, easy to deal with, thoughtful and brave enough to stick his neck out on important points.” (Financial Services Regulation: Legal 500 2019)

LEGAL DIRECTORIES

▪ Ranked in the independent legal directories as a leading Queen’s Counsel in cases involving financial crime, financial crime (corporates), criminal fraud, civil fraud, proceeds of crime, financial services, and tax, from 2008.

▪ Recognised by the Financial Times Innovative Lawyers Awards 2017. (i) Standout for driving value for clients (ii) Highly commended for services to the rule of law and access to justice (iii) Listed in top 10 innovative lawyers

▪ Awarded the designation of ‘Financial Crime Law Firm of the Year in England’ for 2019 by CorpINT.

▪ Exclusively recommended by Global Law Experts as a barrister law firm for Business Crime in London.

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▪ “Especially esteemed in the field of Proceeds of Crime litigation, both civil and criminal – he always provides sound tactical advice.” (Fraud: Civil: Legal 500 2019)

▪ “Extremely experienced in handling cases involving bribery and corruption.” (Business and Regulatory Crime (including global investigations): Legal 500 2019)

▪ “Jonathan is very authoritative and knows everything about the law, which he applies in a practical way.” “He is really knowledgeable and helpful, and also hugely organised and very quick at dealing with things.” (POCA Work & Asset Forfeiture – All Circuits: Chambers UK 2019)

▪ “A real expert on money laundering matters” who “gives very good, very authoritative advice.” (Financial Crime – London: Chambers UK 2019)

▪ “Very clear in his advice.” “Very thorough and thoughtful. His advice is first rate.” (Financial Crime – London: Chambers UK 2019)

▪ “Supremely knowledgeable. He puts everyone around him at ease and exudes calm.” “Immensely experienced. He gives thoughtful, effective advice.” (Tax – London: Chambers UK 2019)

▪ “He is an independent thinker, which is critical in this highly charged area.” (Proceeds of Crime Act and Asset Forfeiture: Legal 500 2018)

▪ “He is a mine of information on his subject matter; one of the absolute leaders in this area.” (Business and Regulatory Crime (including global investigations): Legal 500 2018)

▪ “Responsive and brave in his advice on high stakes, potentially criminal advisory matters.” (Financial Services: Legal 500 2018)

▪ “A popular choice for the overlap between civil and criminal fraud.” (Fraud, Civil: Legal 500 2018)

▪ “The person you would want fighting for your corner if you were in a tight spot.” (Fraud, Crime: Legal 500 2018)

▪ “Supremely knowledgeable and speaks with great authority.” (Tax, Corporate and VAT: Legal 500 2018)

▪ “He is one of the brightest financial crime lawyers in this country. He leaves no stone unturned, has a phenomenal brain and has done some really fantastic international work.” (Chambers UK 2018, Financial Crime – Band 1)

▪ “Jonathan is an absolute leading authority on money laundering cases and is a mine of information. Yet at the same time he is very accessible, user-friendly and a pleasure to deal with.” (Chambers UK 2018, Financial Crime – Band 1)

▪ “An authority on his subject, he speaks with great wisdom.” (Chambers UK 2018, POCA Work & Asset Forfeiture – Band 1)

▪ “He did a really good job for his client. He understood which buttons to press in court.” (Chambers UK 2018, Financial Services)

▪ “Your go-to man for anything tricky with tax investigations. An oasis of calm. He is very efficient and gets it done.” “Highly experienced, approachable and diligent.” (Chambers UK 2018, Tax)

For a full list of recommendations, see Appendix D.

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EDUCATION

▪ Admitted to the Honourable Society of Inner Temple Ad Eundem, (1985)

▪ Called to the Bar, The Honourable Society of Gray’s Inn, (1980)

▪ Inns of Court School of Law, London, (1979–1980)

▪ St Catharine’s College, Cambridge LLM Postgraduate Degree, Upper Second, (1978–1979)

▪ London Metropolitan University (formerly Polytechnic of North London) BA (Hons) in Law, First Class, (1975–1978)

▪ St Dunstan’s College, Catford, London, (1965–1975)

Scholarships and awards

▪ The Honourable Society of Gray’s Inn Senior Scholarship Award, (1980)

▪ Department of Education State Scholarship, (1978–1979)

▪ Sweet & Maxwell Law of Trusts Prize, (1977)

Additional qualifications

▪ Registered Practitioner, Abu Dhabi Global Markets Court (since 2018)

▪ Registered Practitioner, Dubai International Financial Court (since 2015)

▪ Accredited Trusts and Estates Practitioner with STEP (since 2010)

▪ Chartered Tax Adviser and Fellow of the Chartered Institute of Taxation (since 2009)

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APPENDIX A — REPORTED COURT CASES

▪ Nest International v Deloitte [2019], Dubai International Financial Court of Appeal (power to add a party in a civil fraud claim involving alleged failure by auditors to satisfy anti-money laundering and counter-terrorist financing compliance standards);

▪ Serious Fraud Office v ENRC [2018], EWCA Civ 2006 (corporate investigation, alleged corruption, legal professional privilege);

▪ Malabu Oil and Gas Ltd v Director of Public Prosecutions [2016], Lloyd’s Rep FC 108 (international mutual assistance, restraint order, bribery and corruption, Nigerian oil field);

▪ R v Office of the Prime Minister and Home Secretary ex parte Wheeler [2015], 1 C.M.L.R. 46 ( judicial review: European Arrest Warrant, European Public Prosecutor Office, EU fraud, legitimate expectation of referendum for enactment of European Arrest Warrant measures);

▪ HMRC v Curran [2012], UKFTT 517, (First-tier Tribunal, tax avoidance interest relief, avoidance, setting aside settlement agreement);

▪ Wiese v UKBA [2012], High Court, (cash forfeiture of monies from alleged tax fraud);

▪ R (on the application of Lunn) v Revenue and Customs Commissioners [2011], STC 1028, High Court, ( judicial review of HMRC decision in a case involving an alleged £100 million tax fraud);

▪ HMRC v Samra, Operation Ghast (2010–2012, Crown Court, MTIC carousel fraud, computer parts, £125 million trading);

▪ HMRC v Castillo, Operation Euripus ([2011] EWCA Crim 3173 & [2010] EWCA Crim 658, Crown Court & Court of Appeal, MTIC carousel fraud, mobile telephones, £250 million trading);

▪ CPS v Thomas Wise [2009], Crown Court, (Member of European Parliament, expenses fraud);

▪ Attorney General v McMillan-Smith [2009], EWCA Crim 732, Court of Appeal, (confiscation, supplying controlled drugs, hidden assets);

▪ RCPO v Hill [2009 & 2005], EWCA 3271, Crown Court and Court of Appeal, (alleged income tax and corporation tax fraud, restraint order, case dropped);

▪ SEC v Manterfield [2010], 1 WLR 172, High Court & Court of Appeal, (Lydia Capital hedge fund, alleged fraud, freezing order);

▪ Re Financial Investment Advisers [2009], Lloyd’s Rep: FC 221, Central Criminal Court, ( financial advisers, alleged film scheme, PACE production orders, costs against HMRC);

▪ Assets Recovery Agency v Szepietowski [2008], Lloyd’s Rep FC 10, High Court & Court of Appeal, (civil recovery, alleged tax evasion and mortgage fraud, £30 million);

▪ CPS v E [2008], Magistrates Court, (solicitor accused of failing to report offences, contested committal, acquitted);

▪ Re B & R [2008], Crown Court, (obscene publications, and video recordings);

▪ SFO v Brook [2007–2008], Crown Court, Imperial Consolidated Group, (alleged investor fraud, £100 million);

▪ Re S [2007], EWCA Civ 766, High Court & Court of Appeal, (civil recovery, alleged mortgage fraud and tax evasion, £30 million, and also [2006] EWHC 2406);

▪ Re B [2007], EWHC 3268 Admin, High Court, tax fraud, (restraint proceedings);

▪ Re J [2007], CJA/202/2004, High Court, (fraud conviction, enforcement of confiscation order against third party);

▪ SFO v Jammal [2006], Crown Court, (alleged money laundering involving Middle East banks);

▪ R v Crown Prosecution Service ex parte Alamieyeseigha [2005], EWHC 2704 Admin, High Court, Nigerian Governor, (alleged corruption and money laundering, sovereign immunity);

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▪ Smith, Edwards, Bakar [2005], Crown Court, (advance fee banking fraud, $101 Canadian dollars);

▪ HMRC v Stannard [2005], EWCA Crim 2717, Court of Appeal, (tax fraud involving former barrister, confiscation);

▪ HMCE v Simpson [2003], EWCA Crim 1499, Court of Appeal, VAT fraud, (confiscation and rules of precedent, five Judge court);

▪ HMCE v Phipps [2001–2004], Crown Court and Court of Appeal, (money laundering through the financial markets, disclosure of suspicious activity reports);

▪ HMRC v Dimsey & Allen [2002], 1 AC 509, Crown Court, Court of Appeal, House of Lords, (tax fraud, offshore companies, control and management tax fraud);

▪ SFO v Daulby, Rosser & Blee [2001–2003], Crown Court & High Court, (malt whisky and millennium champagne investor fraud, trial & restraint proceedings, legal fees);

▪ R v London Borough of Wandsworth ex parte Darker Enterprises Ltd [2001], LLR 338, High Court, (licensing of a sex establishment);

▪ R v Criminal Cases Review Commission ex parte Hunt [2001], 2 WLR 319, High Court, ( judicial review of CCRC decision, corporation tax fraud);

▪ IRC v Webb [2000], Crown Court, (corporation tax fraud, offshore companies, control and management tax fraud);

▪ Customs and Excise Commissioners v City of London Magistrates Court [2000], 1 W.L.R. 2020, High Court, (Magistrates Court jurisdiction to award costs);

▪ R v HM Customs & Excise ex parte Popely [1999], STC 1016, High Court, (alleged VAT fraud, legal professional privilege);

▪ Re Bjorn Bettum [1999–2000], Magistrates Court, Norwegian tax fraud, (international mutual assistance);

▪ R v Family Health Services Appeal Authority ex parte Safeway Stores [1999], JPL 1133, High Court, ( judicial review, pharmacy contractor dispute);

▪ Korsner v Royal Pharmaceutical Society of Great Britain [19.02.1999], Lawtel, High Court, (pharmacist disciplinary dispute);

▪ HMCE v Papi [1998–2000], Crown Court, VAT and corporation tax, (contrived liquidations);

▪ Re Zadari / Bhutto [1998], Magistrates Court, (corruption, international mutual assistance);

▪ HSE v Albright & Wilson [1998], Crown Court, health and safety, (Avonmouth explosion);

▪ R v Family Health Services Appeal Authority ex parte Elmfield Drugs Ltd [1998], COD 468, High Court, judicial review, (pharmacy contractor dispute);

▪ Enfield London Borough Council v Castles Estate Agents Ltd [1996], 2 EGLR 21, Magistrates Court & High Court, (consumer protection, estate agent prosecution);

▪ Re Attorney General’s Reference (No.10 of 1995) [1996], 2 Cr. App. R. (S.) 122, Court of Appeal, (rape conviction, unduly lenient sentence);

▪ Re PJ Norton Ltd [18.01.1996], High Court, judicial review, LexisNexis, (pharmacy contractor dispute);

▪ R v IRC ex parte Dhesi [1995], 67 TC 580, High Court, (alleged revenue fraud, voluntary bill of indictment);

▪ IRC v Hunt (Nissan UK) [1994], STC 819 (Crown Court & Court of Appeal, corporation tax fraud, £100 million);

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▪ Allen v Redbridge London Borough Council [1994], 1 All ER 728, High Court, (consumer protection, pharmacist prosecution);

▪ AG v Barony of Farnham (House of Lords papers 1994–1995, 85–1, Select Committee for Privileges, re-admission to the House of Lords);

▪ CPS v Berry (3) [1994], 2 All ER 913 (Court of Appeal, explosives);

▪ R v Secretary of State for Health ex parte Furneaux [1994], 2 All ER 652, High Court, ( judicial review, pharmacy contractor dispute);

▪ R v Yorkshire Regional Health Authority ex parte Suri [1994], 21 BMLR 26, High Court, ( judicial review, pharmacy contractor dispute);

▪ R v IRC ex parte Scannell [1993], 1 All ER 772, High Court, income tax and corporation tax fraud, (offshore companies, accountant & taxpayers);

▪ SFO v Levitt [1991–1993], Crown Court, (investor and banking fraud);

▪ CPS v Berry (John Rodney) (No.2) [1991], 1 W.L.R. 125, Court of Appeal, (procedure, appeal to House of Lords);

▪ SFO v Clowes [1991–1992], (Barlow Clowes investor fraud financial intermediaries’ investigation).

▪ R v DPP ex parte Langland-Pearse [30.10.90], LexisNexis, High Court, judicial review, (the Marchioness disaster);

▪ CPS v Golechha [1989], 1 W.L.R. 1050, Court of Appeal, (false accounting, bills of exchange);

▪ R v Sandwell Family Practitioner Committee ex parte Lloyds Chemists [19.12.88], LexisNexis, High Court, ( judicial review, pharmacy contractor dispute);

▪ Barony of Grey of Codnor (House of Lords papers 1988–1989, 59–I, Select Committee for Privileges, re-admission to the House of Lords, terminating abeyance);

▪ Pharmaceutical Society of GB v Storkwain Ltd [1986], 2 All E R 635, Magistrates Court, High Court & House of Lords, (forged prescriptions, controlled drugs, pharmacist);

▪ League Against Cruel Sports v Scott [1986], QB 240, High Court, (stag hunt from trespassing over private land);

▪ Re Kimberley Carlisle [1986], public inquiry, chaired by Louis Blom-Cooper QC, child abuse, (representing probation officer);

▪ Re Tyra Henry [1984], public inquiry, chaired by Stephen Sedley QC (subsequently Lord Justice Sedley, child abuse, representing probation officer);

▪ Edwards v Toombes [1983], Crim. L.R. 43, High Court, (false accounting by omission, turnstile).

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APPENDIX B — ADVISORY CASES

▪ Advising a high-profile oligarch on his vulnerability to an unexplained wealth order based on alleged corruption;

▪ Advising on corruption and money laundering issues arising out of the $500 million alleged fraud in Angola involving the former President’s son;

▪ Advising on alleged corruption and fraud matters relating to Northampton Town Football Club, the redevelopment of its stadium and the former Leader of the Town Council;

▪ Advising on issues arising out investigation by the Romanian National Anti-corruption Directorate into allegations of complicity by an Israeli billionaire in money laundering, peddling influence and forming an organized crime group;

▪ Advising in relation to corporate investments and listings from the UK perspective on companies lawfully involved in cannabis production abroad;

▪ Advising in relation to three anti-money laundering investigations by the Solicitors Regulatory Authority and the Law Society of Scotland;

▪ Advising on a corruption matter arising in arbitration proceedings relating to the Petrobras corruption enquiry in Brazil;

▪ Advising in relation to an alleged fraud involving Northampton Town Football Club and Northampton Borough Council;

▪ Advising in relation to a matter arising in connection with the Grenfell Tower investigation;

▪ Advising on anti-money laundering and asset forfeiture issues arising in connection with the IMDB alleged fraud in Malaysia;

▪ Advising a leading firm of solicitors on alleged breaches of solicitors’ accounts rules and anti-money laundering compliance, including remediation;

▪ Advising on money laundering and professional regulatory matters, including remediation, following the disclosure of the Appleby “Paradise” papers;

▪ Advising on breaches of money laundering laws in an international construction contract involving a Balkan country;

▪ Advising on money laundering compliance issues relating to a high-profile family in South Africa;

▪ Advising, and preparing materials for, a leading international accountancy and financial consultancy firm on anti-money laundering compliance procedures;

▪ Advising a Russian oligarch regarding a potential civil claim for bribery and breach of confidence, and drafting pleadings;

▪ Advising, and preparing materials for, a leading US law firm on anti-money laundering compliance procedures;

▪ Advising on money laundering compliance issues concerning monies belonging to a high-profile Nigerian businessman;

▪ Advising on issues relating to self-reporting, money laundering, criminal benefit and corporate remediation in the Rio Tinto alleged corruption case;

▪ Advising a company and its solicitors on the application of economic sanctions involving trade with Iran;

▪ Advising a Guernsey based trust fund on the application of its reporting obligations under the anti-money laundering regime;

▪ Advising a Premier League football player in a dispute with HMRC over image rights;

▪ Advising a professional client on the money laundering and professional regulatory matters including remediation following the disclosure of the Mossack Fonseca papers in Panama;

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APPENDIX B — ADVISORY CASES

▪ Advising one of the UK’s largest estate agencies in handling, and remediating, an HMRC investigation into systemic breaches of the Money Laundering Regulations;

▪ Advising a Middle Eastern owned money service bureau regarding an investigation into alleged money laundering involving over £100 million;

▪ Advising a professional client on money laundering matters regarding the Swiss and Singaporean investigations into the $42 billion alleged 1Malaysia Development fraud;

▪ Advising a high net worth taxpayer following HMRC’s rejection of a taxpayer’s voluntary disclosure under the Lichtenstein Disclosure Facility;

▪ Preparing a submission to HMRC on behalf of a high net worth taxpayer on reasons why criminal charges should not be brought where the taxpayer was involved in a failed tax avoidance film scheme;

▪ Advising on the potential application of revenue offences (and consequential money laundering offences) where a company has imported products into the UK from China in breach of EU anti-dumping provisions;

▪ Advising on the application of Libyan economic sanctions and the continuing validity of licences obtained from HM Treasury;

▪ Advising an arms consultant regarding a civil fraud claim involving the sale of defence equipment in Malaysia;

▪ Advising a professional client on the potential money laundering impact of a breach of China’s currency exchange restrictions;

▪ Advising a leading US law firm on the cross-jurisdictional application of the money laundering reporting regime;

▪ Advising a telecoms service provider on the application of the money laundering regime to monies generated from the fraudulent activities of third parties;

▪ Advising a UK prosecuting authority on the sufficiency of evidence to initiate a prosecution against a professional person for money laundering;

▪ Advising regulated sector businesses (estate agency and money transmission services) on the application of anti-money compliance procedures, and response to enforcement processes.

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APPENDIX C — PUBLICATIONS

Loose leaf

▪ Cordery on Legal Services – Section 5, money laundering, (contributor, continuing).

▪ Simon’s Taxes – Volume 1, disputes and investigations, money laundering, (contributor, continuing).

Books

▪ Criminal Finances Act 2017 – Informa UK, (November 2018, co-author).

▪ Lloyds Law Reports: Financial Crime Digest 2008–2017 – Informa, (editor).

▪ Pharmacy Law & Practice – Elsevier, 5th edition, (2013, co-author).

Chapters

▪ Arlidge & Parry on Fraud – 5th edition supplement, (October 2018, co-author).

▪ Arlidge & Parry on Fraud, Tax Fraud – Thomson Sweet & Maxwell, 5th edition, (2017).

▪ Research Handbook on International Financial Crime, Civil and Criminal Fraud – Edward Elgar, (2015).

▪ Fighting Financial Crime in the Global Economic Crisis, Policing the Financial Markets, Risk and Recklessness – Taylor & Francis, (2014).

▪ Temas de Anticorruptcao e Compliance – The UK Bribery Act 2010, Elsevier, Brazil, (2013).

▪ International Guide to Money Laundering Law & Practice, Confiscating the Proceeds of Crime – 4th edition, Bloomsbury Professional, (2013).

Monographs

▪ Overtaxing Criminal Law – LSE Law – Policy Briefing Paper No. 27, (November, 2017).

▪ The British Bill of Rights – Protecting Freedom Under the Law – Politeia, (2015).

▪ Who should prosecute fraud, corruption, and financial markets crime? – LSE Law and Financial Markets Project Briefing 3/13, (2013).

▪ Rescuing Human Rights – Henry Jackson Society, (2012).

Peer-reviewed journals (from 2010)

▪ Confiscation: Deprivatory and Not Punitive: Back to the Way We Were (2017) – Criminal Law Review, (co-author).

▪ The Criminal Finances Bill: implications for financial service providers (2017) – Butterworths Journal of International Banking and Financial Law 92, (co-author).

▪ Permanent injunction to prevent market abuse (2015) – Butterworths Journal of International Banking and Financial Law 681.

▪ Criminal forms of high frequency trading on the financial markets (2015) – Law and Financial Markets Review, (2015, co-author).

▪ Strengthening the Restraint and Confiscation Regime (2015) – Criminal Law Review, (2015).

▪ The global financial crisis: the case for a stronger criminal response (2013) – Law and Financial Markets Review 159 (co-author).

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APPENDIX C — PUBLICATIONS

Legal periodicals

▪ NCA SARs in Action, (May 2020) Meeting the challenges of COVID-19

▪ Money Laundering Bulletin, (27.5.2020) Fraudulent trading risks in insolvency and corporate restructuring cases

▪ New Law Journal, (8.5.2020) COVID-19 & fraud – a risk assessment

▪ New Law Journal, (30.03.20) Related acquittals and fair trial rights

▪ Money Laundering Bulletin, (28.11.2019) Law Commission misses generational opportunity to improve the law on suspicion

▪ Money Laundering Bulletin, (28.11.2019) Fungibility, ring-fencing and one degree of separation

▪ Counsel Magazine, (22.03.2019) Remunerated whistleblowers

▪ Estates Gazette, (28.05.2018) Learning from the mistakes of others

▪ Estates Gazette, (05.05.2018) Uncovering hidden laundering risks

▪ Counsel Magazine, (February 2018) My first year as an authorised entity

▪ Money Laundering Bulletin, (May 2016) The law of unintended consequences – money laundering in civil cases

▪ LSE Law Review, (March 2016) Standard Bank Deferred Prosecution Agreement

▪ Money Laundering Bulletin, (April 2015) Holt v Attorney General – Professional fees and the money laundering offences

▪ Money Laundering Bulletin, (March 2015) Insolvency practitioners must not act in haste, lest they repent at leisure

▪ Tax Journal, (2nd March 2015) HSBC, tax evasion and criminal prosecution

▪ Money Laundering Bulletin, (28.01.2013) Tax crime, legal professional privilege, and the Fourth Directive: a minefield, for suspicion

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APPENDIX D — RECOMMENDATIONS

“Approachable, clear in his advice and supportive in difficult situations.” “He is a true expert who can be relied upon. He has a very high standard of client service and is always very quick to respond.” (POCA Work & Asset Forfeiture – All Circuits – Band 1: Chambers UK 2020)

“Extremely helpful at giving practical and quality advice on tax-related matters.” “He’s great for matters that span both tax and crime.” (Tax – London: Chambers UK 2020)

“He is accessible and responsive and is reassuringly prepared to take a view even where there might be relatively little case law, and that really requires judgement.” (Financial Services – London: Chambers UK 2020)

“An absolute leading authority on money laundering cases and a mine of information, who is very accessible, highly user-friendly and a pleasure to deal with.” (Financial Crime – London – Band 1: Chambers UK 2020)

“He’s very hands-on and has an ability to summarise complex issues succinctly and memorably.” (Financial Crime: Corporates – London: Chambers UK 2020)

“Highly regarded for his encyclopaedic knowledge and practical advice.” (Proceeds of Crime Act and Asset Forfeiture: Legal 500 2019)

“Clients value his insight, his practicality and the fact that he is very hands-on, always leading from the front.” (Tax: Corporate and VAT/Indirect Tax: Legal 500 2019)

“He is particularly good with anxious clients.” (Fraud: Crime: Legal 500 2019)

“Accessible, easy to deal with, thoughtful and brave enough to stick his neck out on important points.” (Financial Services Regulation: Legal 500 2019)

“Especially esteemed in the field of Proceeds of Crime litigation, both civil and criminal – he always provides sound tactical advice.” (Fraud: Civil: Legal 500 2019)

“Extremely experienced in handling cases involving bribery and corruption.” (Business and Regulatory Crime (including global investigations): Legal 500 2019)

“Jonathan is very authoritative and knows everything about the law, which he applies in a practical way.” “He is really knowledgeable and helpful, and also hugely organised and very quick at dealing with things.” (POCA Work & Asset Forfeiture – All Circuits: Chambers UK 2019)

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“A real expert on money laundering matters” who “gives very good, very authoritative advice.” (Financial Crime – London: Chambers UK 2019)

“Very clear in his advice.” “Very thorough and thoughtful. His advice is first rate.” (Financial Crime – London: Chambers UK 2019)

“Supremely knowledgeable. He puts everyone around him at ease and exudes calm.” “Immensely experienced. He gives thoughtful, effective advice.” (Tax – London: Chambers UK 2019)

“He is an independent thinker, which is critical in this highly charged area.” (Proceeds of Crime Act and Asset Forfeiture: Legal 500 2018)

“He is a mine of information on his subject matter; one of the absolute leaders in this area.” (Business and Regulatory Crime (including global investigations): Legal 500 2018)

“Responsive and brave in his advice on high stakes, potentially criminal advisory matters.” (Financial Services: Legal 500 2018)

“A popular choice for the overlap between civil and criminal fraud.” (Fraud, Civil: Legal 500 2018)

“Approachable, clear in his advice and supportive in difficult situations.” “He is a true expert who can be relied upon. He has a very high standard of client service and is always very quick to respond.” (POCA Work & Asset Forfeiture – All Circuits: Chambers UK 2020)

“An absolute leading authority on money laundering cases and a mine of information, who is very accessible, highly user-friendly and a pleasure to deal with.” (Financial Crime – London: Chambers UK 2020)

“He is a true expert who can be relied upon. He has a very high standard of client service and is always very quick to respond.” “He comes across as very confident in his advice and does not leave you questioning whether what he has advised is the correct way forward.” (Financial Services – London: Chambers UK 2020)

“Extremely helpful at giving practical and quality advice on tax-related matters.” “He’s great for matters that span both tax and crime.” (Tax – London: Chambers UK 2020)

“He’s very hands-on and has an ability to summarise complex issues succinctly and memorably.” (Financial Crime: Corporates – London: Chambers UK 2020)

“The person you would want fighting for your corner if you were in a tight spot.” (Fraud, Crime: Legal 500 2018)


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“Supremely knowledgeable and speaks with great authority.” (Tax, Corporate and VAT: Legal 500 2018)

“He is one of the brightest financial crime lawyers in this country. He leaves no stone unturned, has a phenomenal brain and has done some really fantastic international work.” (Chambers UK 2018, Financial Crime – Band 1)

“Jonathan is an absolute leading authority on money laundering cases and is a mine of information. Yet at the same time he is very accessible, user-friendly and a pleasure to deal with.” (Chambers UK 2018, Financial Crime – Band 1)

“An authority on his subject, he speaks with great wisdom.” (Chambers UK 2018, POCA Work & Asset Forfeiture – Band 1)

“He did a really good job for his client. He understood which buttons to press in court.” (Chambers UK 2018, Financial Services)

“Your go-to man for anything tricky with tax investigations. An oasis of calm. He is very efficient and gets it done.” “Highly experienced, approachable and diligent.” (Chambers UK 2018, Tax)

“He gives consistently robust, practical and commercial advice.” (Business and Regulatory Crime (including Global Investigations): Legal 500 2017)

“He has a gift for setting out a clear strategy in even the most complex case.” (Financial Services: Legal 500 2017)

“The consummate modern Silk, he leads from the front and is hands-on.” (Fraud – Civil: Legal 500 2017)

“The person clients want fighting their corner if they are in a tight spot.” (Fraud – Crime: Legal 500 2017)

“He speaks with great authority and has encyclopaedic knowledge.” (Proceeds of Crime Act and Asset Forfeiture: Legal 500 2017)

“Highly respected and highly effective; a sage of the tax Bar.” (Tax – Corporate and VAT: Legal 500 2017)

“User-friendly, easy to work with, and a great team player. He wins plaudits for his technical knowledge and persistence when tackling high value accounting fraud and bribery cases.” (Chambers UK 2017)

“He is very dogged, incredibly knowledgeable, and someone with a good sense of humour.” (Chambers UK 2017)


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“Exhibits a rare depth of knowledge and expertise in relation to money laundering matters, and his advice is both insightful and highly practical.” (Chambers UK 2017)

“He’s always very responsive, and he understands our business – he’s a leader in this field but he is also down to earth and understands commercial concerns as well as the law.” (Chambers UK 2017)

“He has a gift for setting out a clear strategy for even the most complex cases.” (Legal 500 2016)

“He gives considered and impartial advice in the toughest of situations.” (Legal 500 2016)

“He is a true expert in his field and somebody who is a pleasure to deal with. He is well able to communicate with both lawyers and clients and makes points which are relevant and straightforward.” (Chambers UK 2016)

“He is very thorough and able to explain things in a simplified form.” (Chambers UK 2016)

“His advice is insightful and highly practical.” (Chambers UK 2016)

“He is very knowledgeable, gets straight to the point and commands huge respect.” (Legal 500 2015)

“Cerebral, knowledgeable and authoritative.” (Legal 500 2015)

“Academically very highly regarded and respected by all jurisdictions, including appellate courts.” (Chambers UK 2015)

“A very thorough and careful adviser.” (Chambers UK 2014)

“He gets to grips with issues quickly and feeds back to clients in language they understand.” (Chambers UK 2014)

“An excellent lawyer with a fine grasp of complex issues.” (Chambers UK 2014)

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“He’s very good on the technical legal aspects, but doesn’t deal in airy fairy theory. Instead he gets to the nitty gritty and understands the practicalities of a case.” (Chambers UK, 2014)

“He is calm, sure, and deadly at spotting the weaknesses of the opponent’s case.” (Chambers UK 2014)

“An extremely experienced leader who is very easy to work with and who is very used to working across the criminal and civil sphere. He has great experience of money laundering and sanctions cases.” (Chambers UK 2013)

“Academically very bright and knows exactly what he’s doing...he has extensive knowledge of white-collar crime, and is a savvy choice for any complex POCA work.” (Chambers UK 2013)

“An engaging, client-friendly barrister who brings great commercial acumen to his cases. An expert on tax-related fraud, he is a veteran of many cases concerning investigations by HMRC.” (Chambers UK 2013) “Very quick to absorb complex detail.” (Legal 500 2013)

CURRICULUM VITAE JONATHAN FISHER QC - Bright …...3 CURRICULUM VITAE JONATHAN FISHER QC Honorary...

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