5 St Andrews Hill
5sah.co.uk5sah.co.ukBarristers
Benjamin Burge
- Phone+44 (0) 207 332 5400
- Email[email protected]
- Profilewww.5sah.co.uk
Work Department
Ben is a criminal practitioner, who is regularly instructed as junior counsel in serious fraud, financial and general crime matters.
Position
Ben is a barrister specialising in white collar crime and financial regulation.
He is regularly instructed as led junior counsel and junior alone in complex, high-value fraud, money laundering and business crime matters.
Additionally, Ben has significant experience acting as disclosure counsel in such cases, with instructions including a series of multi-defendant trials involving conspiracies to launder the proceeds of crime through various jurisdictions.
Outside of court, Ben has received instructions from law enforcement bodies, financial regulators and private firms to assist with substantial disclosure exercises, evidence reviews and in providing general legal advice.
In recent years, Ben has been instructed:
- As part of a team of counsel involved in reviewing historic investigation and case material in connection with the ongoing Post Office Inquiry.
- On a lengthy secondment to a global law firm, acting in a small team tasked with investigating and advising on fraudulent schemes being perpetrated against a worldwide e-commerce company throughout Europe, North America and Asia.
- In substantial LPP reviews in cases being investigated and prosecuted by the FCA, HMRC, NCA and SFO.
- For several months on a secondment to the Financial Conduct Authority’s Enforcement and Market Oversight Division to provide legal advice on applications being made by crypto-asset firms seeking registration to operate in the United Kingdom under the Money Laundering Regulations 2017.
- By a London based US law firm acting for a senior former FX trader charged by the US Department of Justice with conspiring to manipulate the global FX market. Following their acquittal in the Southern District of New York, Ben’s instructions were extended for the civil proceedings brought by the US Government’s Office of the Comptroller of the Currency.
- By the National Crime Agency to act as independent counsel in a review of the processes, procedures and compliance of production orders, search warrants and evidence obtained in respect of their live and ongoing cases.
Career
Business Crime & Financial Regulation
Over several years, Ben prosecuted a series of cases, including as junior counsel in two multi-defendant, six-month trials, involving numerous members of an international serious organised crime group. As a result of a sophisticated and ongoing internet enabled diversion fraud the group caused worldwide losses of over £20m.
Through the use of malware and other cybercrime technology, the group was able to dupe individuals and companies from around the world into sending legitimate payments into an intricate web of UK based mule bank accounts, with the monies ultimately ending up in China and Nigeria, or being traced to the payment of goods exported to Africa.
Ben was subsequently instructed as sole prosecution counsel in the confiscation proceedings, with sizeable confiscation orders being made against all defendants. The principal defendants were also made the subject of Serious Crime Prevention Orders.
Additionally, Ben was engaged as disclosure counsel in a series of four HMRC cases stemming from an international money laundering investigation. He is therefore familiar with all aspects of the disclosure process, and has led a team of deputy disclosure officers in reviewing the downloads of mobile telephone and computer devices seized from a number of defendants.
Ben is regularly instructed by the FCA, HMRC, NCA and SFO to review material that is potentially LPP. He has also assisted with exercises to comply with section 2 notices issued by the SFO.
Asset Recovery, Civil Fraud & Confiscation
Alongside his criminal practice, Ben has experience in civil proceedings under the Proceeds of Crime Act 2002. He receives instructions from various agencies in cash forfeiture proceedings, and is regularly instructed by the CPS, local authorities, and private individuals to deal with and advise on high value confiscation matters.
He has previously acted for s.10A clients, including the wife of an international haulier who was convicted of being concerned in a multi-million-pound duty evasion fraud.
Ben has appeared for both HMRC and private clients in a range of condemnation hearings relating to the seizure of goods and vehicles at various UK borders.
Instructions from the CPS Serious Economic and Organised Crime Directorate (SEOCID) have included the prosecution, as sole junior counsel, of a global chemical and laboratory supplier for offences under the Customs and Excise Management Act 1979, that arose from breaches of sanction controls following their attempt to export dual-use goods to listed third party countries without a licence.
Criminal Prosecutions - Private & Public
Ben is a level 3 CPS prosecutor and also receives instructions from their Fraud, Serious Crime and Proceeds of Crime Divisions.
He has experience prosecuting a range of matters in the Crown Court, both as junior alone and led junior counsel, including homicides, serious assaults, armed robberies, drugs and firearm conspiracies (involving Encro Chat), and serious sexual offences.
He is familiar and able to deal with the examination of vulnerable witnesses.
Ben additionally receives instructions from local authorities to prosecute frauds, food hygiene, regulatory and planning enforcement matters.
He also frequently appears as a private prosecutor, acting for parties interested in protecting their clients’ trademarks, thefts and frauds, and animal welfare matters.
Criminal Defence
Ben has received instructions to defend individuals in the Crown, Magistrates’ and Youth Courts charged with the full array of criminal and driving offences.
He also has experience representing requested persons in extradition proceedings.
Inquests & Inquiries
Ben accepts instructions in relation to Public Inquiries and Inquests.
For several years he has been involved in the ongoing Post Office Inquiry.
Memberships
Criminal Bar Association.
Education
Prizes:
Sir Francis Jacobs Prize for EC Law (2008). Inner Temple Exhibition.