5 St Andrews Hill
5sah.co.uk5sah.co.ukBarristers
John McNamara
- Phone+44 (0) 207 332 5400
- Email[email protected]
- Profilewww.5sah.co.uk
Work Department
John specialises in defending individuals facing serious criminal allegations.
He undertakes cases in crime, business crime, proceeds of crime matters and related civil proceedings.
John is in ranked in the Legal 500 for Crime and POCA.
Position
John specialises in all aspects of financial crime, proceeds of crime and related areas.
POCA and Asset Forfeiture
John is an experienced proceeds of crime practitioner. He is sought out by defence solicitors and law enforcement agencies for complex and high value POCA cases and is often specifically instructed for the POCA aspects of a broader criminal case. He has dealt with cases concerning international and mutual recognition issues, and has a growing practice in civil recovery encompassing all chapters of Part 5 of POCA.
Business and Financial Crime
John defends and prosecutes serious criminal cases. He is experienced in managing and absorbing large numbers of documents and boiling down complex factual issues to jury friendly points. John places client care at the heart of his practice.
Cryptocurrency
In his recent secondment to the Financial Conduct Authority in the Enforcement and Market Oversight Division, John advised on applications for registration of cryptoasset firms. John is developing an expertise in UK regulation of cryptocurrency and this compliments his work in POCA and Financial Crime.
John holds Developed Vetting ("DV") Security Clearance.
Direct Public Access
John accepts instructions under the direct access scheme. This allows members of the public to instruct John directly to advise them on or represent them in suitable cases
Career
Prior to joining chambers, John worked as a paralegal for two years at Hickman & Rose Solicitors. During that time John assisted Jenny Wiltshire in various cases concerning manslaughter, gross negligence manslaughter and historical sexual allegations.
Asset Recovery, Civil Fraud & Confiscation
John is experienced in a range of asset recovery and confiscation proceedings. He has acted for law enforcement, individuals or companies in cases concerning:
High Court restraint order and receiver proceedings; Account freezing and forfeiture proceedings with accounts valued in excess of a million pounds; Complex and linked cash detention and forfeitures, often being sought out by multiple law enforcement agencies to work across various cases; Listed asset forfeiture proceedings relating to artwork and luxury watches; Confiscation proceedings including s10A and s22 applications; and POCA disclosure orders.Business Crime & Financial Regulation
John is experienced in advising on business crime, white collar crime and fraud. This includes at the early stages of an investigation where John has acted in contested and ex parte applications for production orders, POCA disclosure orders and search warrants.
John has prosecuted and defended in large and complex fraud cases, as junior alone and led junior. He has been instructed by defence solicitors to review and analyse documents in cases concerning:
A FCA and DOJ investigation into a banker accused of circumventing internal controls and fraudulently allowing sovereign-backed loans (valued at $2 billion USD) to be taken out and sold to investors; A detailed LPP review for a corporate client responding to a production order in a case connected to an alleged fraud against a sovereign wealth fund; An executive officer of a FTSE 100 company accused of being involved in accountancy fraud.As a paralegal, John was part of the team who represented the first LIBOR trader to be exonerated by the FCA’s RDC. John also spent time as part of the team who defended a Barclays’ derivatives trader charged with conspiracy to manipulate LIBOR.
Criminal Defence
John defends in the most serious cases including cases of:
Allegations of violence including s18 GBH and violent disorder; Firearms, drugs and charges connected to alleged organised crime; and Money laundering, complex fraud and acquisitive crime.John has worked on cases with clients ranging from high-net-worth individuals to vulnerable young people. He provides concise and understandable advice at every step of the case. John undertakes serious cases in the youth court, and has completed the vulnerable witness training course.John is instructed in the magistrates' court to defend criminal matters on a privately funded basis. In conference his down to earth and methodical style has been said to bring peace of mind to lay clients.
Criminal Prosecutions - Private & Public
John is regularly instructed by the Serious Economic, Organised Crime and International Directorate (SEOCID) both as junior alone and led junior in multi-handed complex fraud cases.
He is experienced in bringing private prosecutions. On behalf of the Criminal Bar Association John drafted a response to the consultation on the Code for Private Prosecutors and written evidence on private prosecutions to the Justice Select Committee.
Inquests & Inquiries
John accepts instructions in relation to Public Inquiries and Inquests.
He was instructed as disclosure counsel to the Grenfell Tower Inquiry for 8 months, and was also instructed as disclosure counsel to the Independent Inquiry into Child Sexual Abuse (IICSA).
Memberships
Education
Awards:
The SEC, Tim Dutton CBE KC, Advanced International Advocacy Course Scholarship, Gray’s Inn (2023). Ann Felicity Goddard Scholarship, Gray’s Inn (2017).