Criminal

VAT/TAX FRAUD/VHCC
KBS Solicitors have a dedicated complex crime team, who have the experience of dealing in cases with multiple jurisdictions and high profile cases. We specialise in the defence of all types of serious fraud, money laundering and other complex crime matters. Our highly skilled defence team includes experienced criminal defence fraud solicitors, dedicated and experienced caseworkers, experts and highly respected barristers within the legal profession. In addition to this we also have excellent relationships with nationally recognised defence forensic accountants, computer data analysts, handwriting experts, in ensuring that no stone is left unturned in exploring ways in which to protect our clients’ interests.

Often complex fraud such as carousel, VAT or MTIC frauds are highly complex and usually involve largescale investigations by HMRC and attempts by the prosecution are made to request restraining orders on an individual and/or their business. This happens even where the individual concerned is yet to be charged with an offence; in some instances charges may not be brought for many months and even up to 2 years. This can have a profound and devastating effect on the individuals business.

Our experienced and highly skilled defence team have expertise in complex crime matters such as:-

Conspiracy to defraud insurance companies
Money laundering
Mortgage fraud
Banking fraud
Carousel fraud (VAT / MTIC fraud)
Boiler room fraud
Fraud by false accounting
Insider dealing fraud
Counterfeit fraud
Identity fraud
Benefit fraud

Obtaining expert defence solicitors at an early stage is vital. Public funding (Legal Aid) may be available for legal defence representation in carousel fraud and VAT fraud cases.

We are also one of a small number of firms nationally who are Serious Fraud Panel members. This award is based upon ongoing involvement in serious fraud cases further ensuring you will get the best representation and advice possible.

Proceeds of Crime Act

The implementation of the Proceeds of Crime Act 2002 has seen an exponential increase in the number of restraint and confiscation orders meted out by the crown court. Consequently, this draconian piece of legislation increased the regulatory burdens on solicitors and put them in real fear of being investigated and prosecuted for assisting their clients in alleged activities of money laundering. The best way to deal with such transactions is at arms length; thereby still retaining the trust and confidence of your client and at the same time protecting you from spurious accusations being made by the prosecuting authorities.

We have a specialist department dedicated to representing clients in POCA /confiscation hearings. If you are being investigated or convicted of a crime the crown or prosecuting agency can apply to the crown or high court for a freezing order or restraint order in an effort to try to seize your assets. This can result in all your money, property and assets being at risk of being confiscated by the prosecution.

Should this arise in your case we can immediately apply to the court to resist the order being made and seek a stay or even discharge to allow you to manage your affairs and business activities. We have a team of solicitors and barristers who are now dealing exclusively in these types of cases. We also have forensic accountants and other professionals who we tie in with our service to you to fight against these aggressive and crippling court orders. We will endeavour to preserve and retain your assets and help you prove they are lawfully acquired.

This is a very technical area of the law, which requires burdensome money laundering obligations to be fulfilled. Extreme care and caution needs to be exercised because of the very real risk that the prosecuting authorities will re-examine the whole circumstances of a transaction if they are not completely satisfied that the sale of the assets took place in the utmost good faith. A mere suggestion that the property has been sold at a slight discount to a buyer, who has a remote connection to the seller, may be enough for the prosecuting authorities to investigate the solicitor and for an arrest to follow on trumped-up money laundering charges.

As a firm, we have an expertise in money laundering training (SRA approved) as well as technical know how in regulatory money laundering compliance. We are therefore well equipped to deal with a transaction at arms length thereby protecting you from any direct involvement in a sale and therefore any accusation of misconduct.

For more information on Proceeds of Crime Act POCA/Confiscation hearings, please do not hesitate to contact us.

Serious and General Crime

KBS Solicitors has a considerable reputation for the representation and defence of cases of serious crime, which are tried before the crown court. The firm has a number of solicitor advocates and in-house counsel who act as advocates in the crown court. The firm also instructs independent barristers to act in such cases.

The firm undertakes the detailed preparation of the defence of such cases where matters proceed to trial. This will involve a detailed assessment and examination of the prosecution case and the marshalling of a client’s defence, including obtaining evidence from defence witnesses and expert witnesses. Where clients plead guilty, we assist in the preparation of detailed mitigation for presentation before the court to assist as to sentence. We advise as to recovery of defence costs orders, orders for prosecution costs and confiscation proceedings.

The firm has acted in many high profile cases over the years, acting for clients charged with the most serious criminal offences, including:-

Murder & manslaughter
Corporate manslaughter
Drug supply
Drug importation
Theft
Handling stolen property
Deception
Robbery
Firearms offences
Terrorism offences
Conspiracy
Sex offences

Coroner’s Inquest

We are able to offer experienced advice and advocacy services for coroner’s inquests. We can provide an early assessment of cases, as well as representation and support for families. The coroner’s duty is to enquire as to the cause of the deceased’s death and the circumstances in which it occurred. We believe the deceased’s family needs careful and sensitive advice to help them through the unfamiliar and daunting experience of an inquest.

An inquest can sometimes hear weeks of evidence before a jury is asked to reach one of a few simple verdicts. Juries often lose sight of the purpose of the inquest and embark on inappropriate lines of questioning that could incriminate the witness. Claimants’ solicitors will take the opportunity to examine potential defendants and seek to turn the inquest into a mini public inquiry.

KBS Solicitors will ensure representation at all inquest and pre-inquest hearings to protect directors and staff from improper questioning and to gather as much useful evidence as possible from witnesses.

Licensing Act

Licensing law is fundamental to the hospitality and leisure industry. With the licensing legislation having recently undergone comprehensive changes and the Gambling Act in the process of change, it is more important than ever that your business keeps up with the latest developments.

Licensing law can deal with all aspects including food and liquor, entertainment, betting and gaming; again this is a complex matter requiring that the right solicitor assists you. We have access to a number of solicitors who are experienced in licensing laws and provide a full range of licensing services to pubs, restaurants, hotels and clubs, these services include:-

Applications for premises and personal licenses
Applications to vary premises licenses
Applications to transfer
Advice and advocacy relating to contested applications, appeals and reviews
Applications under the Gambling Act 2005
Updates on new and proposed legislation