Criminal Expert Witness

Crime Expert Witness

Criminal Expert Witness

Expert Evidence has a wealth of experience in dealing with a wide range of Criminal cases, previously acting in cases involving money laundering, fraud, confiscation of assets and insider dealing. Many of these criminal cases have proceeded to trial and we have given evidence in court.

The decision is different in a criminal trial as now, rather than it being decided on the balance of probabilities, the case is determined on a beyond reasonable doubt basis. This means that the evidence must be analysed in a different way compared with a commercial or civil case.

That is not the only difference. The rules that apply to a criminal trial are now governed by Criminal Protocol Rules 19. In addition the note taking and record keeping of all evidence collected needs to be retained and various undertakings need to be provided to the Court.

Insider Dealing

In recent years the ability to make fine judgements on the application of the Criminal Justice Act 1993, and the Proceeds of Crime Act 2002, particularly in relation to insider dealing, has been highly relevant to many of the cases brought against individuals and market operators.

Insider dealing cases are often lengthy and complex; at Expert Evidence we can provide advice and expertise to help you get to a quicker resolution.

Fraud

The Fraud Act 2006 came into effect in January of 2007, radically changing criminal fraud regulation and defining a new offence of fraud designed to be more flexible and all-encompassing.

Expert Evidence has dealt with a wealth of cases determining the advice to the court on the precise situations which have been uncovered. Sometimes in the cases of Fraud the case may be brought as a Civil matter to then follow the Criminal hearing. We are able to act for both the prosecution or defence and investigate the circumstances of the case under either the CPR 35 requirements for Civil cases or CrimPR 19 rules for Criminal cases.

Money Laundering

The Financial Action Task Force on money laundering (‘FATF’) established by the G-7 Summit in Paris in 1989 drew up essential anti-money laundering guidelines, with the expectation that recommendations were followed globally.

Confiscation of Assets

Since being introduced in England and Wales in the late 1980’s, the confiscation tool has been used in an ever wider array of criminal offences. The 2002 Proceeds of Crime Act then enabled even greater powers around confiscation of assets and saw the creation of the Assets Recovery Agency (now part of the National Crime Agency).

Expert Evidence has advised on many such cases, one of which focused on the ability of the authorities to confiscate assets where various banking instruments had been presented to financial institutions. Expert Evidence advised on the normality of the banking instruments which included Bills of Lading, Conditional Guarantees, and Banking Purchase Orders. Some of the documents contained either errors and/or red flags and/or contained conditions which made them worthless. The authorities sought confiscation of assets held in the UK through the English Courts.

Libor Fixing

With around £220trn of financial products linked to Libor rates globally, including the majority of household mortgages, savings and credit card bills, Libor fixing has wide-reaching impact and leads to significant undermining of the integrity of financial markets. A number of leading banks, institutions and even individuals have come under scrutiny in recent months and years over Libor fixing claims, paying billions in fines.

FX Fixing

Alongside Libor fixing, FX fixing cases have also dominated financial headlines with five of the world’s largest banks fined $5.7bn (£3.6bn) for charges including manipulating the foreign exchange market. Among Expert Evidence’s group of banking experts is Nigel Brigden, who has been Chairman of the Operations Committee of the Association of Foreign Banks for 10 years and is a member of the Bank England Foreign Exchange Joint Standing Committee.

Mortgage Fraud

The global financial crisis and resulting economic impact led to a tightening in mortgage lenders’ borrowing criteria which in turn gave way to a 23% rise in mortgage fraud in the following years*. From occupancy, income and employment fraud to failure to disclose liabilities, the Fraud Act 2006 covers fraud by false representation and by failure to disclose information where there is a legal duty to do so.

Expert Evidence and its team of experts remain advisors on many of these cases. Visit our Cases page for further reading.

*Experian study 2012 vs 2011

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