Gavin specialises in the following practice areas:

• Financial crime – recognised as a ‘notable practitioner’ in Chambers & Partners 2009 and 2010 in criminal fraud. Regularly prosecutes and defends in high-profile criminal proceedings for complex fraud, money laundering and corruption / misfeasance in public office.

• Anti Money Laundering – devises and conducts seminars and workshops on all aspects of regulatory compliance. Instructed to revise and draft AML procedures, then provide training, briefings and advice to staff (at all levels – from Managing Partner to administrative), for Shearman Sterling LLP and numerous other professionals including firms of solicitors, accountants and investment banks.

• Extradition – acts for governments (including UK, EU, USA and the Russian Federation) and individuals in all aspects of extradition law. Instructed to advise in relation to the first extradition request pursuant to the 2008 bi-lateral treaty between UK and UAE for duty evasion in excess of £100m.

• Mutual Legal Assistance – co-ordinating role in the European Criminal Bar Association’s working group on the European Evidence Warrant which establishes a new framework for Mutual Legal Assistance throughout the European Union. Actively involved in the UK Home Office consultation process with regards the development of the domestic legislation implementing the Framework Directive.

• Asset forfeiture and confiscation – appeared before the House of Lords in the leading confiscation authority R v May. A wealth of experience in applying for injunctions on behalf of prosecuting authorities and in resisting them on behalf of individuals and other legal entities. Represents individuals in enforcement proceedings, often with a view to assisting third parties to intervene and enforce their claims.

 What the directories say:

"clear methodical barrister who instills confidence in clients and instructing solicitors." Chambers and Partners 2010

“very much a team player, and he’s always well prepared and able to think around the problem.” Chambers and Partners 2009

R v Sainsbury – defence – a charity, established for the rehabilitation of offenders, is alleged to have become a vehicle for a substantial conspiracy to defraud. Representing the principal defendant who is said to have orchestrated numerous deceptions by which £3m was attempted to have been obtained from various companies and individuals.

R v Whiteway-Wilkinson – defence - instructed solely for confiscation proceedings (after conviction) in an £11 million conspiracy to supply class A drugs – involved expert forensic accounting evidence and, unusually, complex business accounting records relating to the conspiracy.

R v Johns – defence – a solicitor (in-house counsel at a leading Japanese investment bank) found dishonestly to have abused AML KYC procedures and issued irrevocable letters of credit in the sum of $11m for the benefit of an Indonesian businessman whose ailing air-line had failed to secure re-financing.

R v Henman – defence – instructed in a child neglect case where a 3-week old baby was shaken and sustained broken ribs and tibia - involved complex issues relating to causation of injuries and disclosure of expert evidence from the Family Division.

R v Tonc – defence - instructed solely for confiscation proceedings (after conviction) in a conspiracy to import class B drugs. The defendant was deported, denied re-entry to the UK and appeared by video-link from Rotterdam - involved expert forensic accounting evidence from a number of foreign jurisdictions including business valuations.

R v Moss – defence - instructed solely to draft an application to the ECHR on the basis that the assumptions contained within the confiscation regime are disproportionate to its legitimate aims where property had been acquired 30 years before conviction and business records, capable of rebutting the assumptions, no longer existed.

R v M (press reporting restriction)- defence - a thirteen year old boy was found to have aided and abetted the gang rape of a fourteen year old girl. The trial took place over 2 months and caused a media storm when the complainant (anonymously) spoke on the ‘Today’ programme with regards her experience of misogyny in London in 2007/8.

R v May – defence – appeal to the House of Lords in the leading case on the definition of ‘obtaining’ benefit from the proceeds of crime. This case significantly altered the law and changed the course of litigation practice in relation to the obtaining of criminal injunctions / freezing orders and in relation to asset confiscation after conviction.

Extradition

USA v Welsh and Thrasher – prosecution - extradition for £30m ‘Ponzi’ investment fraud – reported case re: USA and breach of the specialty rule, that is, the alleged failure of the requesting state to abide by the terms / limitations of the extradition order issued by the returning state.

Russian Federation v Temerko – prosecution – extradition of Mikhail Khodorkovsky’s right-hand man for Yukos, oil and gas related tax evasion. After a 6 day hearing, involving cross-examination of numerous expert witnesses in the field of global energy policy, the judge ruled that the proceedings were a paradigm example of the RF’s willingness to misuse the criminal law for political ends.

Poland v Niziol - prosecution – extradition for £25m fraud on the government of Poland and various investment banks. The defendant was alleged improperly to have financed the construction of a pharmaceuticals factory, largely from public funds. He was extradited after delaying proceedings for nearly 2 years to prevent his return on grounds of ill-health and on the basis that the proceedings against him were politically motivated.

Advocacy training – accredited trainer with the Hon. Society of Gray’s Inn. Teaches at all levels, from ‘just out of law school’ to ‘advanced’ (for experienced practitioners, often with more than 10 years PQE).

Human rights training – accredited trainer with the General Council of the Bar of England and Wales. Trained experienced practitioners on the mechanics and tactics associated with human rights issues upon the implementation of the ECHR into domestic law. Advises and engages in consultation with NGOs and other professional bodies on a variety of issues, including:

• The Bar Association of the Czech Republic - on the conduct of lawyers in the context of the disclosure of sensitive information affecting issues of national security.

• Amnesty International - on proposals for draft antiterrorism legislation in India.

Publications

‘Regulating Accountants: A New Age?’, The Regulator, March 2010

‘Changes to Regulation in the Public Interest’, The Regulator, May 2008 ‘, Crime Doesn’t Pay’, Reinsurance, March 2004 (Reins. 2004, Mar, 38.)

Interview with Law Society Gazette Special Supplement: ‘Expert Witnesses 2010’

Memberships

• Law Society International Division
• Association of Regulatory and Disciplinary Lawyers
• European Criminal Bar Association Criminal Bar Association
• British Institute for International and Comparative Law 

R v Gatsinzi – defence – £5m conspiracy to handle stolen vehicles exported from the UK to East Africa and to launder the proceeds of the enterprise. The largest case of its kind in the UK, involved issuing requests for MLA from the Ugandan authorities. The defendant’s benefit from the proceeds of crime was reduced from £4m to £2m after lengthy written and oral submissions.

R v Barker – defence – UK Customs and Excise officer working in Pakistan, charged with misfeasance in public office and the deliberate misuse of the Hawallah banking system. The defendant had diplomatic status and unlawfully imported £1m worth of heroin into the UK. The prohibition on the disclosure of official secrets was waived for the purpose of the trial. The disclosure exercise was complicated by the fact that it was necessary to review the entirety of the defendant’s 4 year diplomatic tenure.

R v Godley – defence – pre-charge advice in the £300 million Imperial Consolidated investor fraud.