I offer my clients a strategic approach to fighting their cases - taking on fewer clients to offer a service with added value. The mainstay of my practice is drafting and disclosure, ensuring that clients are afforded the benefit of a coherent strategy from the outset. Frontloading casework allows me to devise a strategy for clients, ensuring maximum value and opportunity for success. I believe in being hands-on from the very beginning of my cases and in making sure I have enough time to carry out all necessary conferences with my clients anywhere in the UK. I work very closely with my clients, putting them at the centre of decision making, assisted by a team of highly motivated, tenacious solicitors from all over the country, you can be confident in our approach to your case.
Expert Money Laundering Advice and Representation
Money laundering offences are prosecuted under the Proceeds of Crime Act 2002, commonly referred to as POCA. The Crown takes alleged money laundering offences very seriously and consistently prosecutes the individuals involved using the provisions of the Proceeds of Crime Act. The law says that there are a number of different types of money laundering offence that you can be charged with, but invariably if the Crown has decided to prosecute you under Proceeds of Crime legislation, they are pursuing the most serious elements of any alleged crimes that may have taken place. The maximum sentence under the money laundering legislation is considerable, at 14 years imprisonment.
Being a practising barrister, I can represent clients in both the Crown Court and the Magistrates’ Court, meaning that I can assist you with charges of every level in relation to money laundering and related offences. Upon receiving your instructions, I am well placed to deal with all elements of your case, aiming to ensure the best outcome possible in your circumstances, and as a result allowing you to get on with your life.
If you have been advised that you are to be charged with a money laundering offence or have already been charged, it is imperative that you seek the very best representation as quickly as possible. Money laundering prosecutions, by their very nature, are often complex, and therefore the evidential side of cases can be difficult. I specialise in defending those accused of money laundering offences and have an excellent track record in doing so.
Confiscation Proceedings Advice and Representation
You may have already been convicted of a ‘Schedule 2’ offence such as money laundering, in which case, invariably, confiscation proceedings will subsequently be commenced. It is also not uncommon for confiscation proceedings to be commenced against individuals convicted of attempting, conspiring, inciting, aiding, abetting, counselling or procuring a ‘Schedule 2’ offence, and therefore the legislation covers every eventuality.
The Crown states that ‘the purpose of confiscation proceedings is to deprive the defendant of the financial benefit that he or she has obtained from criminal conduct.’ This means that a court needs to decide whether or not a defendant has a ‘criminal lifestyle.’ If the court does decide this, guidelines set out in the Proceeds of Crime Act will be followed. If a court decides that a defendant does not have a criminal lifestyle, a calculation will be made as to the exact benefit of the specific criminal conduct for which an individual defendant has been convicted.
it is important to have the very best legal representation if you are subject to confiscation proceedings, as you could potentially lose everything. If a court decides that your home was purchased using ill-gotten gains, for example, it can be confiscated. This applies to other material possessions too, and could, therefore, have a huge impact on you and your family.
I am able to represent you throughout confiscation proceedings and have a strong record of successfully acting for clients, in some cases resulting in substantially lower value Confiscation Orders being issued by the court, saving defendants’ assets.
Money Laundering and Confiscation Experience and Past Cases
In terms of the money laundering cases which I have been involved in, my practice is very diverse, meaning I have a sound grasp of all of the relevant case law and procedures.
I successfully challenged the Crown’s handling of a witness in a Colombian money laundering case (in excess of £5 million), which included highlighting the failure of the Crown to comply with disclosure obligations in respect of the witness. This subsequently caused the collapse of the Crown’s attempts to rely upon this co-defendant as a prosecution witness.
In another significant money laundering case, of three month’s duration, I identified that legally, if the movement of any money between the defendants could be shown to be legitimate, it would be fatal to the Crown’s case. After listening to arguments, the judge in the case ruled in favour of the defendants, meaning the failure of the Crown to secure any convictions from over 50 original charges; a significant result for all of the defendants involved. The Crown was subsequently unable to offer evidence on related charges against my client.
I also handled a case where £32 million of cash was laundered through local branches of Barclays. On instruction, I successfully opposed an application to adduce client's bad character by challenging the basis of the guilty plea, and also the facts and circumstances of the plea. I also sought disclosure relying upon the increased disclosure obligations on crown under CJA'03. The Crown responses to our requests for disclosure materially impacted on the judges' ruling. This case also involved great input from my client, and I implemented this strategic approach following every line of enquiry as per the instruction of my client.
An excellent example of my confiscation work is a case where as leading counsel, I successfully obtained a legal ruling from the judge reducing the financial figure of the benefit from the relevant crimes from over £230 million to £2.5 million, which subsequently reduced to just in excess of £1 million, meaning that my client was saved from a potentially overwhelming Confiscation Order from the court.
These are just examples of the ways in which my strategic approach to money laundering and confiscation proceedings casework has assisted my clients.
Contact Mark Kelly Today
Because of my track record in helping to defend a wide range of money laundering cases, as highlighted above, I am able to help you with your case. I frequently represent clients accused of money laundering offences and have enjoyed considerable success in obtaining favourable results in such cases. In addition, I am a member of POCLA (Proceeds of Crime Lawyers Association).
Serving Manchester, Birmingham, Leeds, London, Bristol and the rest of the UK. Please do not hesitate to get in touch with me directly on 020 8108 7186 or fill out a contact form and we will get back to you as soon as possible.
Mandip Kumar of Precedence Law regularly instructs me in police cases, (criminal and disciplinary) and much of the substantial fraud; money laundering and regulatory work I undertake. He is the senior partner in Precedence Law. He has a fearsome reputation. He is tenacious; innovative and highly motivated. He is a man of integrity who works tirelessly in the best interests of his clients. He is often instructed in the most difficult and demanding cases because he never shirks a challenge. Straight talking. He is a man on a mission.