Defence Legal

‘The Legal 500’ – Sundeep Soor receives continued recognition in the 2023 edition of the directory

defencelegal — Tue, 07 Nov 2023 15:10:49 +0000

Defence Legal’s Sundeep Soor has received continued recognition in the 2023 edition of the internationally renowned ‘The Legal 500’ directory.

Sundeep has been mentioned as a ‘Key Lawyer’ at Reeds Solicitors London where the practice was ranked this year in Tier 6 in the area of ‘white-collar crime and fraud’ and in Tier 4 for ‘general crime’.

The Legal 500 testimonials include, ‘Of note within Reeds Solicitors is senior consultant solicitor, Sundeep Soor. I can affirm that he is a highly experienced and knowledgeable criminal defence lawyer with exceptional case management and client care skills – he’s truly first class and my first
recommendation if I am unavailable to deal with such matters.’

‘Sundeep Soor is a superstar. Always on the ball and juggling different issues.’

How Sundeep can Help

If you are facing or affected by criminal proceedings including Fraud and POCA related matters, you must seek specialist advice straight away.

Sundeep Soor is an expert in all aspects of Crime and Fraud and has the experience and knowledge to guide you through the process and defend your position.

Please contact Sundeep Soor on 0330 1333676 or email info@defencelegal.co.uk.

The post ‘The Legal 500’ – Sundeep Soor receives continued recognition in the 2023 edition of the directory appeared first on Defence Legal.

Successful Legal Challenge: Construction Company Reclaims Frozen Bank Account

defencelegal — Tue, 11 Jul 2023 10:41:11 +0000

In a recent legal achievement, Jonathan Lennon, working in conjunction with Sundeep Soor of Reeds Solicitors, achieved a significant victory for a national blue-chip construction company.

The company found itself in a challenging situation when one of its bank accounts was frozen under the Proceeds of Crime Act (POCA) following an application by HM Revenue and Customs (HMRC). Allegations were made that the substantial funds held in the account were linked to fraudulent activities. However, through a meticulous evidential and legal challenge, Jonathan Lennon successfully directed the case, leading to the return of the company’s bank account.

HMRC obtained a freezing order on the company’s bank account without prior notice, invoking POCA provisions. HMRC claimed a reasonable suspicion that the funds in the account were the proceeds of fraud. This sudden and severe restriction created a challenging situation for the construction company, jeopardising its operations and financial stability.

Jonathan Lennon, supported by Sundeep Soor and the company’s directors and accountants, took charge of the legal proceedings. Challenging Account Freezing Orders under Part 5 of the Proceeds of Crime Act requires specialised expertise and Jonathan brought his wealth of experience to the case. Together with the instructing solicitor, Sundeep Soor and the company’s representatives, he devised a strategic approach to tackle both the evidential and legal aspects of the case.

Jonathan spearheaded the evidential challenge, meticulously examining the allegations put forth by HMRC. After a rigorous legal battle, the company’s persistence and the expertise of Jonathan Lennon paid off. In June 2023, HMRC conceded when faced with the contested extension application.

Conclusion

The success marked a significant turning point for the construction company, as it successfully reclaimed control over its frozen bank account. The strategic approach, evidential challenge, and legal expertise demonstrated by Jonathan Lennon, together with the collaborative efforts of the instructing solicitor, Sundeep Soor and the company’s representatives, were instrumental in achieving this favourable outcome. This case reinforces the importance of specialised knowledge and expert legal representation when facing the challenging circumstances of Account Freezing Orders under the Proceeds of Crime Act.

The post Successful Legal Challenge: Construction Company Reclaims Frozen Bank Account appeared first on Defence Legal.

Solicitor Sundeep Soor and Counsel Nick Robinson Secure Dismissal in High-Stakes Money Laundering Case

defencelegal — Mon, 26 Jun 2023 13:05:20 +0000

In a significant legal victory, Solicitor Sundeep Soor and Counsel Nick Robinson from 5 KBW Chambers successfully obtained a dismissal in a high-profile money laundering case. The charges, brought by Trading Standards, alleged widespread fraudulent trading throughout the southeast of England, with a particular focus on targeting elderly victims.

Over the course of several years, Trading Standards conducted an extensive investigation into allegations of fraudulent trading on a significant scale. The investigation revealed a network of criminal activity that purportedly exploited vulnerable individuals, specifically elderly victims. The accused individuals were suspected of engaging in money laundering activities related to the illicit proceeds of this fraudulent trading operation.

Facing the daunting prospect of a trial scheduled for mid-2024, the client sought legal representation from Solicitor Sundeep Soor and Counsel Nick Robinson. The legal team meticulously prepared their case, focusing on the evidence and legal arguments to challenge the allegations against their client.

With a robust application, Sundeep Soor and Nick Robinson convincingly argued for the dismissal of the charges. The court acknowledged the strength of their case and granted the application, resulting in the charges being dropped against their client. This decision spared the client from the stress and financial burden of enduring a lengthy trial, which is still scheduled to proceed for the remaining co-defendants.

Due to the ongoing trial involving the co-defendants, it is currently not possible to provide further specifics regarding the case.

Conclusion

The successful application to dismiss the money laundering allegations brought by Trading Standards marks a significant victory for Solicitor Sundeep Soor and Counsel Nick Robinson. Their diligent efforts and strategic legal arguments resulted in sparing their client from a potentially protracted and costly trial. While the trial for the remaining co-defendants is set to continue in mid-2024, this outcome showcases the importance of skilled legal representation in navigating complex cases and protecting the rights of individuals caught up in such allegations.

The post Solicitor Sundeep Soor and Counsel Nick Robinson Secure Dismissal in High-Stakes Money Laundering Case appeared first on Defence Legal.

Regulatory authorities pursuing criminal charges to seek financial recovery under the Proceeds of Crime Act

defencelegal — Mon, 26 Sep 2022 13:33:14 +0000

Breaching a director’s disqualification & POCA

Sundeep Soor and counsel Barnaby Hone ( 5 St Andrews Hill) achieved a good result for their client who was prosecuted by the Insolvency Service (IS) for breaching his directors disqualification. The IS decided to proceed to confiscation proceedings a common approach by regulatory bodies over recent years.

After making legal submissions relating to the alleged criminal benefit, the prosecution agreed that the benefit would be limited to the income earned as salary ( as opposed to turnover ) during the period of the breach. This resulted in a £35k benefit as opposed to the turnover amount of £200k.

Below is some more information about confiscation proceedings and regulatory offences.

Regulatory Cases

Regulatory cases involve offences arising from a breach of a statute or regulation, which are prosecuted in the criminal courts which all give rise to criminal penalties. Examples include certain breaches of directors disqualification, health and safety, licensing, housing or planning legislation,

What is Confiscation and Criminal Benefit?

Part 2 of the Proceeds of Crime Act 2002 (POCA 2002) allows the Court to confiscate criminal proceeds from a defendant. The purpose of confiscation is to deprive a defendant of the benefit of his criminal conduct. The proceedings take place after a conviction or guilty plea and are limited to the conduct captured in the plea or conviction. A defendant’s criminal benefit is what he has gained from the established criminal conduct.

Identifying the Criminal Conduct in Regulatory Cases

During confiscation proceedings for regulatory cases, correctly identifying the criminal conduct is a critical step. Without the ability to pinpoint the criminal conduct, it is difficult to solve any issues related to causation when assessing the criminal benefit.

The case of Sumal and Sons Properties Ltd v London Borough of Newham [2012] EWCA Crim 1840 involved an appeal against a confiscation order for rental income obtained whilst the Appellant was operating without a license. The Court of Appeal quashed the confiscation order originally made at the Crown Court on the basis that the criminal conduct was limited to the failure to obtain a license and could not extend to the collection of rental income.

In R v Roth, the Appellant collected rent whilst in breach of an enforcement order under the Town and Country Act 1990. It was submitted that his criminal conduct was limited to the breach of the order. The Court of Appeal refused this argument. It concluded that the breach of the order was the criminal conduct and crucially, everything earned after the breach constituted a criminal benefit.

The pertinent issues in such cases will be whether the defendant had any criminal benefit directly flowing from their conduct due to the nature of the breach. Alternatively, the benefit might be lawful and protected from confiscation proceedings. Hence in more recent cases a Council successfully confiscated rental proceeds obtained by unlicensed landlords because the landlords were not only unlicensed but also providing substandard housing with ‘appalling’ conditions and overcrowding in breach of the Housing Act 2004.

Each such case requires a careful assessment of the underlying law and a comprehensive understanding of criminal conduct. Causation should not be viewed as an afterthought when assessing a defendant’s criminal benefit.

Sundeep Soor continues to act on numerous POCA confiscation cases for defendants and third parties. His current cases involve client assets to the value of £5m.

He also acts for companies and individuals in relation to POCA Account Freezing Orders. A recent instruction relates to a national construction company involving funds in excess of £700,000. Sundeep can be contacted on 07973148738 or sundeepsoor@defencelegal.co.uk.

The post Regulatory authorities pursuing criminal charges to seek financial recovery under the Proceeds of Crime Act appeared first on Defence Legal.

Defence Legal in the Media

defencelegal — Mon, 07 Feb 2022 11:53:30 +0000

Although the Covid-19 pandemic has caused a huge backlog in the courts’ system, the prior decade of government cuts to police, CPS and court staff has led to many facing a record wait for justice. The proposed changes to Magistrates Court sentencing powers will not in my view assist the Crown Court backlog.

The Ministry of Justice’s latest figures showed a record of almost 61,000 cases waiting to be heard in Crown Courts, and 364,000 cases in Magistrates’ Courts across England and Wales.

I was recently invited to speak on BBC Radio 5 live with Nicky Campbell, BBC Radio Nottingham and I also spoke to The Mirror about my client who is facing money laundering charges at Leeds Crown Court. I explained how the investigation started in 2016, charges were bought in 2020 and recently the case was initially given a trial date of 2025 which would have meant a 9-year wait for my client who was only 21 at the time of the alleged offence.

Investigations are taking on average 3-6 years in financial crime cases before a decision is made. This is becoming increasingly regular and impacts greatly on the lives of the suspect and victims.

https://www.mirror.co.uk/news/uk-news/child-abuse-victim-waited-more-26085239

The post Defence Legal in the Media appeared first on Defence Legal.

‘The Legal 500’ – Sundeep Soor receives continued recognition in the 2022 edition of the directory

defencelegal — Thu, 07 Oct 2021 11:44:56 +0000

Defence Legal’s Sundeep Soor has received continued recognition in the 2022 edition of the internationally renowned ‘The Legal 500’ directory.

Sundeep was ranked as ‘highly recommended’ in the area of Criminal Law Fraud Defence work in the East Midlands and he was also mentioned in the same category for Reeds Solicitors London where the practice was named as a ‘firm to watch’ this year in the area of ‘white-collar crime and fraud’.

The Legal 500 stated that ‘in early 2021, Reeds Solicitors significantly bolstered its white-collar crime offering with the appointment of Sundeep Soor, a former fraud and tax practice head at Cartwright King’. Further mentioning that Sundeep Soor ‘has significant experience in matters relating to the Proceeds of Crime Act 2002.’

How Sundeep can Help

If you are facing or affected by criminal proceedings including Fraud and POCA related matters, you must seek specialist advice straight away.

Sundeep Soor is an expert in all aspects of Crime and Fraud and has the experience and knowledge to guide you through the process and defend your position.

Please contact Sundeep Soor on 0330 1333676 or email info@defencelegal.co.uk.

The post ‘The Legal 500’ – Sundeep Soor receives continued recognition in the 2022 edition of the directory appeared first on Defence Legal.

Charity News – Fundraising

defencelegal — Mon, 12 Jul 2021 08:56:48 +0000

Last year, my friend Sanjeev Sharma contracted Covid-19 and was taken to A&E at the Queen’s Medical Centre on the 25th March. He had no underlying health conditions and his diagnosis came after he returned home from London, where he’d been working on a crown court case the week before the first national lockdown.

Medical professionals gave Sanjeev a prognosis of 50-50, and that ventilation was their only option. Sanjeev was placed in an induced coma for the best part of 14 days, spending a further two weeks in hospital recovering, one week being in intensive care.

He was discharged on April 21st last year and had to learn how to walk all over again.

In October, Sanjeev, myself, Raj Sharma and Dr Chandan Sharma, Inderjit Singh and Pawan Kumar took on the challenge of climbing Mount Snowdon in Wales, to raise money for the hospital trust which saved Sanjeev’s life.

We successfully managed to raise around £42,000 and handed the check over to Nottingham Hospitals Charity on June 24^th.

The money raised will support three areas of the Nottingham Hospitals Charity. The first being a Long Covid Research Appeal which will help fund research into the best treatments for patients suffering from this condition.

The second area supported is the respiratory department, which has taken such good care of Sanjeev and many others who have suffered during the pandemic.

The third is to support staff who work at Nottingham’s hospitals, who have been so incredible during such an extremely challenging year.

To read the full article featured in the Nottingham Post, please follow the link below:

https://www.nottinghampost.com/news/local-news/dad-who-brought-back-precipice-5571345

You can contact Sundeep Soor on 0330 1333676 or email info@defencelegal.co.uk.

The post Charity News – Fundraising appeared first on Defence Legal.

POCA – Confiscation – Third Party Interests

defencelegal — Fri, 19 Mar 2021 10:42:55 +0000

Overview

Since 2003 the CPS and other agencies have been rigorously pursuing Confiscation Proceedings under the Proceeds of Crime Act 2002 (POCA). These proceedings affect defendants convicted of a criminal offence involving a financial benefit. The purpose is to retrieve any ill-gotten gains made from the offending. Confiscation law is intentionally draconian and, in some cases, very unfair. However, over recent years the balance has slightly shifted as the prosecution and courts have to give more consideration to proportionality and fairness.

In 2015 the law was changed (Section 10A POCA 2002) to allow innocent third parties such as a spouse, family, friends etc to have a direct right to be represented in Confiscation Proceedings. This means that third-party interests can be taken into consideration at a much earlier stage in Confiscation Proceedings.

Recent Case Law

The recent 2020 case of Forte & Vale considered third party interests and in summary confirmed the following:

The court has the discretion to order to what extent a defendant or third party has an interest in a property and only do so if it is appropriate.
A third party who has an interest in any property has a reasonable opportunity to make representations to the CPS and Court.
A fair procedure is to be adopted by the courts to enable an accurate determination of any interests.
A third party is entitled to see the prosecution evidence and to give evidence at any hearing.
These are civil proceedings and the party making the assertions against the title or for a larger share/interest in an asset must prove their interest in the relevant property to the civil standard (balance of probabilities).
The Judge is entitled to have regard to the fact that a party who could have contradicted the opposing case (by giving evidence) chose not to do so.
Clear and cogent evidence is essential in such cases.
An appeal court is unlikely to allow fresh evidence to be admitted at any appeal, hence the best case should be put forward at the Crown Court stage.

Please read my full article on ‘Poca-Confiscation, Third Party Interests’ which provides more information and how I can assist anyone affected – https://defencelegal.co.uk/poca-confiscation-third-party-interests

How we can help you

If you are facing or affected by confiscation proceedings, whether as a convicted defendant or a third party with an interest in the realisable property, you must seek specialist advice straight away.

Sundeep Soor is an expert in all aspects of POCA law and is currently instructed by numerous third parties. His current set of clients are contesting a combined share in assets worth more than £1m. He has the experience and expertise to guide you through this complicated process, helping to protect your financial interests.

Please contact Sundeep Soor on 0330 1333676 or email info@defencelegal.co.uk.

The post POCA – Confiscation – Third Party Interests appeared first on Defence Legal.

Encrochat: Judge rules that secret network messages can be used in court

defencelegal — Mon, 22 Feb 2021 08:56:45 +0000

An attempt to stop prosecutors using messages obtained from devices that were part of the Encrochat secret communications network in court has been rejected by the Appeal Court.

The National Crime Agency believes Encrochat was mainly used by criminals, often to trade drugs and guns.

The judgement will have major implications for cases against suspected organised criminals around the country.

Recent Case

On 5^th February 2021, the Court of Appeal ruled in relation to a number of joint appeals. The court was considering admissibility arguments in relation to the Investigatory Powers Act 2016. The Judges ruled that the communications in the relevant cases were lawfully obtained through ‘equipment interference’ and intercepted while stored (not transmitted) on the handsets and were therefore admissible in evidence.

The Judge’s stated that the court’s task is to –

“…understand the system and then to decide whether, as a matter of ordinary language, the communication was being transmitted or stored at the time of extraction. If the former, it is inadmissible. If the latter, it is admissible, provided the appropriate warrant was in place. On the findings of the judge, the appropriate warrant was in place and the extraction was carried out in accordance with it”.

The defence teams, in this case, have applied for permission to appeal to the Supreme Court.

It is imperative that early expert advice is sought, and a strategy put in place.

Please read my article on Encrochat which provides more information and how I can assist anyone affected – https://defencelegal.co.uk/encrochat

Contact us today

Due to our experience, we are able to offer a nationwide service from our specialist Encrochat Solicitor Sundeep Soor. We work with expert barristers to assist anyone caught up in an EncroChat investigation or prosecution (Operation Venetic). It is important to consider your position in confidence at the earliest opportunity to ensure the right strategy is adopted.

The post Encrochat: Judge rules that secret network messages can be used in court appeared first on Defence Legal.

COVID-19 Fraud

defencelegal — Mon, 25 Jan 2021 09:57:15 +0000

It has become clear that the UK Government schemes to assist people during the Covid-19 pandemic have been abused by some. The authorities have sent clear messages that fraud will not be tolerated.

Some of the possible areas of abuse include:

Loan Scheme Abuse
Furlough Fraud
Eat Out To Help Out

Our fraud specialist solicitor Sundeep Soor states: “Any government scheme is open to abuse. There is a risk to employers and organisations who have flouted the law that HMRC could consider criminal investigations and prosecution for any abuse of the Covid-19 schemes. Dishonesty offences such as cheating the public revenue, fraud by false representation or conspiracy to defraud could be considered by the authorities. Any action presents a serious risk for businesses as well as negative publicity. As well as having to pay back monies further strict financial penalties being imposed are likely as well as imprisonment in the most serious cases.

It is imperative that early expert advice is sought, and a strategy put in place.

Please read my article on COVID-19 Fraud which sets out the different types of fraud and how I can assist anyone affected – https://defencelegal.co.uk/covid-19-fraud.

The post COVID-19 Fraud appeared first on Defence Legal.