Simon Davis Crime

Call: 1990

Introduction

Simon is a highly experienced and accomplished advocate with over twenty years’ court room experience. Having earlier in his career advised on a broad range of contentious matters, Simon has, in later years, focused on high value work, particularly that with a Fraud or Commercial Crime element to it.  As such, he has developed expertise in matters relating to the Proceeds of Crime Act, money laundering and bribery legislation, from both a prosecution and defence standpoint

In person, as one would expect, Simon is highly professional and comes across as someone who is very good at what he does.  He combines this with a friendly, down to earth and relaxed manner which doubtless endears him to clients and colleagues alike.

Simon specialises in prosecuting and defending complex and serious cases. He has been instructed in complex fraud, money laundering, company director disqualification and insolvency cases.

He is on the approved list of Counsel at the International Criminal Court (the ‘ICC’), the International Criminal Tribunal for the Former Yugoslavia (the ‘ICTY’) and the Special Tribunal for Lebanon (the ‘STL’). Since May 2009, he has been actively involved in the defence and appeal of Vinko Pandurevic (co-counsel) on charges of, inter alia, Genocide and Conspiracy to Commit Genocide before the ICTY.

In addition, he has prosecuted on behalf of the SFO, BIS, HMRC, CPS (Grade 4 Prosecutor) and CPS CCU.

In serious crime, he has significant experience defending and prosecuting murder, manslaughter, violence, drug importation and serious sexual offences.

In Regulatory work, he has conducted many Trademark and Copyright cases and has represented the author of Northern Soul Top 500 (Kevin Roberts) in respect of alleged counterfeit black vinyl.

His recent cases involve a travel agent for alleged breaches of ATOL and IATA regulations; a Defendant charged with conspiracy to cheat in respect of a CIS fraud; a Defendant charged with people trafficking.

Simon has considerable experience of appearing before various types of tribunal. He presents seminars and teaches advocacy on a regular basis. In addition, he is computer literate with experience of Live note, Ringtail and Ecourt systems.

Recent Cases

  • R v Jobson and Naylor – Prosecution of Fraudulent Trading case involving 25+ complainants (featured on Cowboy Builders)
  • Op Tarlac – representing Defendant in multi handed, multi £m, money laundering case – also involved in PoCA proceedings
  • Op Ibis – representing Defendant in case brought by HMRC. Contested PoCA proceedings, achieving successful result for client by reducing £800k benefit figure to £4500
  • Op Severn – Prosecution of multi handed case arising out of the mutiny at Birmingham Prison
  • Op Insulate – representing Defendant in multi handed conspiracy to supply drugs
  • Op Dynamo – prosecuting 24 Defendants involved in wholesale supply of cocaine

What the Directories Say:

“He has great intellectual acumen.” – Legal 500

Qualifications and Appointments:

  • MA (Cantab)

Articles and Publications:

  • Piercing the Corporate Veil – a Brief Insight
  • Neuberg Lives On
  • Human Trafficking

Other Information:

Simon is also a regular contributor to seminars in and outside the UK. In recent times he has presented seminars and/or written pamphlets on matters including:

  • Bribery Act 2010
  • Liability of Company Directors
  • Piercing the Corporate Veil and Proceeds of Crime
  • Dawn Raids
  • Gross Turnover Benefit and Proceeds of Crime
  • The Use of Intermediaries in Criminal Proceedings
  • “Trials in Absentia” : a defence perspective on the implications of Article 22 of the Statute for the Special Tribunal for Lebanon (L’Ecole Nationale de la Magistrature, Paris)
  • Drug Supply – cross border issues (L’Ecole Nationale de la Magistrature, Paris)

Fraud, Business and Financial Crime

Simon has been conducting fraud cases since 1993. He has spent time on the A-G's List and has prosecuted for the SFO. He has been on the list of VHCC Panel Counsel for a number of years and is well acquainted with preparing page heavy cases for trial. He is computer literate and has experience of "Livenote", "Ringtail" and "Ecourt" software systems. He has conducted the following type of cases:

Operation Bromelia (2015) : briefed to defend client charged with conspiracy to defraud in respect of non payment of PAYE – Prosecution offered no evidence against her

R v O’Grady (2016) : instructed in fraud involving the alleged mis-selling of solar panels. Lengthy trial.

Operation Tuatara (2016) : briefed in VAT fraud

Operation Bulk (2015) : briefed in large scale PAYE and VAT fraud

R v Hutchinson : Bribery and Corruption - briefed to defend the director of an electrical contractor who had tendered for contracts with a local authority. He negotiated and secured a favourable resolution on behalf of his client after negotiating a guilty plea to a lesser offence

R v Treanor : briefed to defend at trial the director of three Limited Companies where the Defendant had allegedly misappropriated company funds. He provided advice to and worked alongside a forensic accountant who assisted with the client’s defence.

R v Neuberg : briefed by the DTI to prosecute the owners of a family business for company director disqualification offences and trading under a prohibited name. The main battleground related to the determination of benefit in proceeds of crime proceedings. He defended successfully the 1st instance decision in the Court of Appeal - see R v Neuberg [2007] EWCA Crim 1994

R v Mohammed Sheikh : counterfeit and pirate music recordings - advising and representing a company director at trial in criminal proceedings for conspiracy to defraud - £4m - reported at R v Nissa [2009] EWCA Crim 189

R v Ludlam : briefed by the DTI in a number of cases involving charges of Perverting the Course of Public Justice, company director disqualification and insolvency

Operation Countermarch : briefed to prosecute 13x Defendants charged with conspiracy to defraud customers of a UK Bank.

R v Alison Bradley : defended pension scheme administrator in conspiracy to cheat the Revenue relating to exploitation of HMRC’s relief at source system. Secured an acquittal for client after trial

R v Roberts : briefed to defend the “Author of the Northern Soul Top 500” for trademark and copyright fraud. Secured a non-custodial result after negotiation which also involved the dismissal of Proceeds of Crime proceedings

Operation Joy - briefed to represent client in large scale fraud involving motor vehicles. Successfully negotiated favourable basis of plea and POCA proceedings

Operation Savate : briefed to defend a client charged with conspiracy to cheat the Revenue. This was a large national Construction Industry Scheme Fraud involving evasion of direct and indirect taxation.

Re : Daljit Birdi : instructed as part of a team of defence lawyers to advise a former employee of a pharmaceutical company at the early stages of a claim for fraudulent misappropriation of company assets involving two Panamanian companies - assisting with advice re impact and effect of Mareva Injunction

In addition, Simon is a Grade 4 Prosecutor and is on the Fraud, Proceeds of Crime and Serious Organised Crime Specialist Panels.

Reported Cases:

R v Weston [2004] Crim 3381

R v Neuberg [2007] EWCA Crim 1994

R v Nissa [2009] EWCA Crim 189

R v Padda [2013] EWCA Crim 2330

 

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International Crime

In 2009, Simon became co-Counsel for Vinko Pandurevic who appeared on a seven handed indictment before the International Criminal Tribunal for the Former Yugoslavia. Pandurevic was charged with, inter alia, Genocide, Extermination, Murder and Deportation arising out of events around Srebrenica in July 1995.

Simon resided in The Hague for five months while assisting in the drafting of Pandurevic’s final brief, preparation of closing arguments and more recently involved with research for his appeal brief. There was a vast amount of information to absorb (upwards of 1m pages of evidence and at least 40,000 pages of trial transcript when he was instructed). During the course of his involvement, he gained invalubale experience of “Live note”, “Ringtail” and “Ecourt" software systems

Memberships:

List of Counsel before the International Criminal Court : the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the Special Tribunal for Lebanon

Member of the European Criminal Bar Association.

Member of the Association of Defence Counsel before the ICTY.

Reported Cases:

Popovic et al (IT-05-88) "Srebrenica"

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Organised Crime and Terrorism

Operation Barton, described in the Court of Appeal as a case "probably unique in the annals of public disorder in this country in recent times" gives a flavour of the type of case in which Simon is instructed. He is regularly briefed in multi handed cases and is able to marshall effectively substantial volumes of evidence for effective and successful outcomes.

Operation Dovestone (2015) : briefed in Counter Terrorism case where Defendant charged with perverting course of justice arising out of the provision of false character references at the Old Bailey when appearing on  Terrorism charges - [2016] EWCA Crim 28

R v Bhamra et al (2015) : prosecuted four handed conspiracy to possess a firearm with intent to endanger life. Sentences up to 17 years imprisonment imposed

Op Tatton (2014) : briefed in Counter Terrorism case where Defendant charged with offences contrary to section 18 and 21 POA 1986

R v Panaghita (2015) : briefed to defend Romanian grandmother who was charged with slavery and forced labour.

Operation Countermarch : briefed to prosecute 13x Defendants charged with conspiracy to defraud customers of a UK Bank.

Operation Barton : led brief in multi handed case arising out of 2011 riots.

Operation Bittersweet : instructed in multi handed conspiracy relating to high value motor vehicles

Operation Nemesis : briefed to prosecute 8x handed drug operation involving under cover officers

Operation Redeploy : briefed to prosecute 28x Defendant drug operation involving under cover officers

Operation Chalice : represented Defendant in multi handed trafficking for sexual exploitation case

R v Zakari : briefed to represent Defendant in nine handed trial in Old Bailey - acquitted of murder

Operation Birkhill : briefed to represent former employee of Deloitte charged with laundering the proceeds of a Trafficking conspiracy.

Recently instructed by the CPS in two counter terrorism cases.

Reported Cases:

R v Cotter [2002] 2 Cr App R. 21 CA

Ibrar Hussain [2002] EWCA Crim 2448

R v Michael Daley [2008] EWCA Crim 841

R v Gareth Powell [2010] EWCA Crim 2998

R v Shakeel Khan [2012] EWCA Crim 1868

R v Lewis [2014] EWCA Crim 48 - Operation Barton

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Restraint and Confiscation

Simon has substantial experience of business and financial crime which has provided him with a valuable insight to restraint and confiscation work. He has a good grasp of relevant jurisprudence relating to, inter alia, the criminal liability of directors as well as insolvency offences. He is regularly instructed to provide advice and advocacy in cases involving shadow directors and piercing the corporate veil.

R v Neuberg - briefed by the DTI to prosecute the owners of a family business for company director disqualification offences and trading under a prohibited name. The main battleground related to the determination of benefit in proceeds of crime proceedings. Simon defended successfully the 1st instance decision in the Court of Appeal

R v Anderson-Hitchen - briefed in Fraudulent Trading proceedings involving shadow director and piercing the corporate veil issues.

Re : Maguire - briefed on behalf of Third Party in application to vary/discharge a Restraint Order which affected substantial assets. Successfully varied order.

Re : Liscott - briefed in enforcement proceedings. Involved in negotiating financial settlement

R v Padda - briefed in Section 22 POCA proceedings six years after the original confiscation order was made. Variation of restraint order on basis that the Prosecutor could not pierce the corporate veil. Appealed 1st instance decision on grounds, inter alia, that the original order was not 'Waya compliant'.
In addition, he conducts seminars on confiscation related issues and most recently has talked on “Criminal Liability of Company Directors” and "Dawn Raids" as part of St Philips Chambers Regulatory Team.

Reported Cases:

R v Neuberg [2007] EWCA Crim 1994

R v Padda [2013] EWCA Crim 2330

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Serious Sexual Offences

Simon is a user friendly advocate who is regularly briefed to conduct cases involving serious sexual offences whether historic or recent.

He is acutely aware of special measures and pre-trial witness interview procedures (R v Berka). In addition, he is well aware of the use of intermediaries (R v Carnegie, R v Atakulu, R v Zakari) and has conducted a seminar on this topic. Between September and November 2012 he represented a deaf and mute client. Throughout the trial he had daily contact with two intermediaries and a BSL interpreter who had been retained to assist the defendant during the trial process. He has recently written an article on appointing an intermediary to assist a Defendant.

Listed below are a flavour of the type of case he has conducted :

R v Vasiliniuc (2014) : prosecuted four Romanian Defendants charged with the rape of a working girl.

R v Collins (2015) : prosecuted Defendant charged with historical sexual abuse of nine complainants - three children and six young employees. Convicted and serving 8 years imprisonment

R v Johnson and Myers - rape of male complainant at knife point

R v Mohammed Younis - representing Defendant charged with conspiracy to rape and to control prostitution

R v Hukam Dad - rape and sexual assault of three daughters

R v Clay - historic abuse involving ten complainants from four different families

In addition, he is on the CPS Rape Specialist Panel to prosecute serious sexual offences.

Reported Cases:

R v Fletcher [2002] Cr.App.R(S) 127

R v Nikos Johnson [2009] EWCA Crim 236

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