January 30, 2013

R V NF Bradford Crown Court 2009

A number of defendant’s in this case were charged with conspiracy to commit mortgage fraud and money laundering in of an overall sum approaching £1m.

The allegations were that the defendants that included an accountant, financial advisor and solicitors ran a sophisticated con using the internet to alter Land Registry records and obtained mortgages or remortgages on properties, netting sums approaching £1m.

Monies that were paid out by Birmingham Midshires and The Mortgage Business, which were both part of the Halifax Bank of Scotland, was then laundered through other people's accounts and large sums sent to Pakistan.

The main defendant used details of other people without them knowing or altered information held by the Land Registry to apply for the mortgages. He was found guilty of conspiracy to commit fraud by false representation, perverting the course of justice and transferring criminal property and received a long term of imprisonment.

The principal of Ashmans along with the instructed fraud and money laundering specialist barrister were able to secure an acquittal following a long and complex trial for their client.

This was a very serious case and if the defendant had been convicted he would have been at risk of a substantial jail term along with a large confiscation order.

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January 30, 2013

R-v-A. A. and others Hull Court

The defendant is charged with  Conspiracy to Transfer Criminal Property.

The defendants in this case are Latvian nationals. The prosecution allege that our client along with a number of other defendants has been involved in a conspiracy to transfer criminal property being valued in tens of thousands of pounds.

This case involves substantial mobile phone and computer evidence.

Ashmans Solicitors are confident in obtaining a favorable outcome for their client. 

UPDATE


October 2012 this case settled this month and we managed to agree a careful and limited basis of plea with the prosecution resulting in the defendant obtaining a community order instead of a custodial sentence. This was in stark contrast to other defendants (represented by other solicitors) who received custodial sentences.


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January 30, 2013

Extradition Queen's Bench Division of the Administrative Court

BIRMINGHAM CROWN COURT

Hungary v Fenyvesi (2009) EWHC 231 (Admin), (2009) 4 All ER 324

The principal of Ashmans Solicitors represented RF who is a Hungarian Roma with the use of an expert barrister extradition was discharged on grounds of extraneous considerations and found to be incompatible with his rights under Articles 3 and 6, European Court of Human Rights..

The District judge at the city of Westminster magistrates found that if RF returned there was a real risk of inhumane or degrading treatment and denial of fair a trial.

This matter was appealed by the Hungarian judicial Authorities to the High Court, Queens Bench Division.

On Appeal the Hungarian judicial Authorities tried to adduce fresh evidence to rebut what had been said by RF.

The Queen's Bench Division of the Administrative Court:  ruled that in a case where the district judge had discharged six arrest warrants in relation to the first and second respondents, who were ethnically of Roma origin and culture, where their extradition was sought, the appellant Hungarian authorities could not subsequently adduce fresh evidence since it would not have been decisive; moreover, it was evidence that could have been adduced before the judge.

The principal of Ashmans and the instructed barrister succeeded in helping the client to secure his freedom. This case is now an important principle where foreign Judicial authorities try to adduce fresh evidence. This principle is still cited in extradition cases.

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January 30, 2013

R-v-L. A. and others Leeds Crown Court

The defendant was charged with assisting an offender times two contrary to section  4 (1) of the Criminal Law Act 1967.

This charge the crown allege arose out of an armed robbery along with possession of firearms which occurred on the 25th of October 2011.

The defendant is alleged to have assisted in attempting the alleged robbers make good their escape from the jurisdiction of the UK via a Eurolines coach bound for Amsterdam. An investigation of messages sent from mobile phones suggested that our client along with one other was aware that the other two defendants were wanted in relation to investigations into a robbery.

If convicted our client was potentially looking at a substantial term of imprisonment.

After careful and considerable negotiations with the prosecution and continued representations to them, Ashmans Solicitors were able to ensure that the case against the defendant was discontinued.

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January 30, 2013

Regina v L.F. Leeds Crown

The defendant in this case was a qualified Certified Accountant. She was originally arrested and interviewed for conspiracy to commit mortgage fraud totalling sums going into millions of pounds.

In due course she was charged with conspiracy to commit mortgage fraud of an overall sum totalling £1m.

It was alleged that a company operated by her and her husband was involved in purchasing a number of properties from an investor. It was alleged that the mortgages obtained to fund those purchases were obtained fraudulently because an inflated sum was applied for and the monies were misapplied to other properties once obtained. It was the Prosecution's case that once bought the properties would be sold within a very short period of time at prices significantly less than the value of the mortgage. The additional sums would then be misapplied to other properties and so the fraudulent transactions continued.

This was a very serious charge and if the defendant had been convicted she would have been at risk of a jail term. Also the confiscation proceedings could have been devastating.

However, after careful negotiations with the prosecution and continued representations to them, Ashmans Solicitors were able to ensure that the case against the defendant was discontinued.

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January 30, 2013

R-v-T. A. Leeds Crown Court

In this case the defendant along with four others was charged with conspiracy to pervert the course of justice arising out of an accident in which a person died following a road traffic collision. The prosecution alleged that the defendant conspired together with others within the West Yorkshire and Lincolnshire region to conceal the vehicle that had been involved in a fatal road traffic collision in order to frustrate the police investigation, with intent to prevent the course of justice.

If convicted the defendant would have received a lengthy custodial sentence.

After careful and considerable negotiations with the prosecution and continued representations to them, Ashmans Solicitors were able to ensure that the case against the defendant was discontinued.

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