Stuart’s practice focuses on matters involving allegations of misconduct by companies, directors, public officials and financial professionals.
He acts for individuals and corporates investigated and prosecuted by the SFO, FCA, HMRC and specialist divisions of the CPS and advises victims of financial crime. He assists corporates with internal investigations and in their interactions with the criminal justice system and regulators. He has considerable experience in Proceeds of Crime Act proceedings.
Stuart advises on a range of matters affecting companies including bribery, fraud, anti-money laundering, sanctions, data protection, brand and content protection and consumer protection. He has a wealth of prosecution experience to draw upon and maintains a specialist prosecution practice, including private prosecutions.
He has complementary experience of advising and acting in respect of individual and company insolvency and has acted for a director in contested company director disqualification proceedings. He has appeared in cases before the tax tribunals as leading junior, led junior and alone.
Since co-authoring the Butterworths’ Guide to the Proceeds of Crime Act 2002 Stuart has maintained a keen interest in this area, conducting confiscation, restraint and enforcement hearings. Recently, he was invited to contribute to the Law Commission’s work on suggested reform of the law of confiscation. He has experience in dealing with orders obtained on behalf of foreign prosecutors by MLA, acting in the high-profile successful discharge application of a restraint order obtained on behalf of the Vatican. He has considerable experience in account freezing and cash forfeiture cases: recent matters have seen the release of the trading accounts of a bitcoin brokerage and a construction company.
Stuart has a longstanding specialism in Intellectual Property Crime and content protection. He is instructed by a variety of rightsholders and provides detailed advice on the substantive law and on investigations and procedure. He has spoken on IP crime at the Cambridge Symposium on Economic Crime.
Stuart acts for clients in proceedings before a diverse range of disciplinary tribunals and regulators. These have included governing bodies in respect of the accountancy profession, the Regulatory Decisions Committee of the FCA, the Electoral Commission and the internal disciplinary committee of a political party.
Recent & Current Cases
Pre-charge advice to persons under SFO investigations into London Capital & Finance, Rolls Royce, Greenergy and Amec Foster Wheeler Overseas internal investigation into money laundering compliance Successful application to remove UK restraint obtained in respect of the Vatican’s £300m corruption investigation Acted for a corporate in the private prosecution of former employee for fraud and money laundering Defence of a director of a Hong Kong fiduciary services company in respect of allegations of money laundering put at $120m Defence of sales director in £160m financing fraud Defence of Director of Corporate Finance and Investment Firm charged with FSMA offences Defence of Director of hospitality industry companies accused of multi-million pound tax fraud Advising on prosecution of an international bribery case Representing a company in negotiation in respect of a potential DPA Defence of a Director of a services company against allegations of defrauding consumersPrevious Cases
R v H [2012] EWCA Crim 1113 Arms trafficking R v May [2008] UKPC 36 Successful Privy Council appeal R v Golizadeh & Others [2008] 2 Cr App R (S) 47 R v Skansen Interiors Ltd Representing a company in negotiation in respect of a potential DPA Operation Elveden including R v Anthony France [2016] 4 WLR 175: [2017] 1 Cr App R 19 and R v Chapman & Others; R v Sabey & Brunt [2015] 3 WLR 726 R v Darren Thompson [2015] EWCA Crim 1820, football investment fraud R v Matthew Ames (Unreported 2014, Isleworth Crown Court and Court of Appeal – carbon credit investment scheme fraud) R v Sevket (Unreported 2013, Central Criminal Court and Court of Appeal – £1.5m film loan fraud) R v Aston Shim [2016] EWCA Crim 576 R (Virgin Media Ltd) v Zinga [2015] 1 Cr App R 2 AC (Wholesale) Ltd v Revenue & Customs Commissioners [2017] UKUT 191 (TCC) MBG Associates v Revenue & Customs Commissioners [2012] UKFʓ 723 (TC) Secretary of State for Trade and industry v Swan and Others [2005] BCC 596MA (Cantab) (law), Fitzwilliam College
Lexis Nexis Corporate Crime Lawyers Consulting Editorial Board The Proceeds of Crime Act 2002, Butterworths (2003)