Simon Davis Fraud, Business and Financial 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 experience in high-value fraud cases.” – Legal 500 2019
  • “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.

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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