Allison Clare is an experienced advocate at all levels in the higher courts. She has prosecuted and defended over a whole range of criminal cases but her practice is now focused on complex fraud work.
In the last 10 years she has been instructed by the Financial Services Authority, the Serious Fraud Office, the Fraud Prosecution Service, CPS Special Casework and HM Treasury. She has also defended a number of complex frauds during the same period.
She is an expert on the law and practice involved in calling co-operating witnesses from the United States in criminal trials in the UK, as a result of her work as junior counsel in the recent SFO case of Rastogi (see below).
Allison has been appointed to the Serious Fraud Office Panel of Advocates (List A)
She is the author of the chapter on theft and false accounting in “Fraud: Criminal Law and Procedure” (Oxford University Press 2008) and co-author, with Mrs Justice Dobbs, of the chapters on theft, deception and conspiracy in “Fraud: Law, Practice and Procedure” (Butterworths 2005).
Illustrative Cases
R v Rastogi & Others (ongoing)
First junior counsel for the SFO in this billion pound worldwide metal trading fraud. This 8-month trial involved consideration of the US plea bargaining system and the admissibility of evidence given by such co-operators in a UK trial. Allison was heavily involved in formulating the legal argument on this point. Leave currently sought from the Court of Appeal on this issue by the convicted defendants. Allison’s work on the case also involved examination-in-chief of numerous witnesses, work with forensic accountants, consideration of connected civil proceedings, formulating the indictment and drafting sections of the case statement (including those dealing with financial matters). Allison also oversaw the huge disclosure exercise in this case.
Since the convictions Allison is now leading counsel in the ongoing confiscation proceedings which include issues of piercing the corporate veil, trusts, hidden assets abroad and bankruptcy.
Financial Services Authority case (ongoing)
First junior counsel for the FSA in prosecution of four former directors of iSOFT Group plc for conspiring to make misleading statements contrary to section 397 of FSMA. This case involves allegations of improper revenue and cash recognition, materially misleading accounts, deception of company auditors and subsequent share sales. Due for trial in 2011
R v E (ongoing)
Currently acting for Fraud Prosecution Service in respect of breach of restraint order imposed ins respect of ongoing investigation into large international investment fraud
Kent Pharmaceuticals (R v O'Neill & ors / Operation Holbein) case
Defended as first junior counsel for one of the pharmaceutical company directors in this cartel-based fraud prosecuted by the SFO. The Court of Appeal in December 2008 upheld the trial judge's decision to quash the (redrafted) indictment, in light of the House of Lords rulings in R v GG plc [2008] UKHL 17 and Norris v. Government of the USA & Others [2008] UKHL 16.
R v Sanderson (2009)
Leading counsel prosecuting this historic mortgage fraud on behalf of the SFO. Case involves consideration of European arrest warrant provisions and solicitors accounts rules.
Operation Treasure (2006)
Prosecuted allegations of conspiracy to steal and money laundering for CPS special casework as second junior. The case involved insiders at a well known bank together with allegations against a solicitor and accountant. The trial dealt with a large number of issues ranging from the admissibility of banking evidence obtained from the Swiss authorities to cell site evidence. She examined many prosecution witnesses and cross-examined two of the four defendants who gave evidence.
Following the convictions of certain defendants she had sole conduct of the resulting confiscation proceedings.
R v Ismail & Others (2004)
Defending as first junior in this asset stripping fraud (prosecuted by the SFO). Allison drafted and successfully argued points concerning compulsory questioning and obtaining of documents under the insolvency provisions. Allison also conducted alone the resulting confiscation proceedings which involved issues of third party interests and family proceedings.
Equitable Life Inquiry (2003)
Instructed by the Inquiry to conduct investigations, interviews and oral examinations of those responsible for regulating Equitable Life. This work involved mastering complex actuarial and accounting principles. Allison also assisted Lord Penrose with the drafting of those sections of the report which dealt with the regulation of Equitable Life.
Publications
Fraud: Criminal Law and Procedure (Oxford University Press, 2008)
Authored the chapter on theft and false accounting.
Fraud: Law, Practice and Procedure (Butterworths, 2005)
Co-authored with Mrs Justice Dobbs chapters on theft, deception and conspiracy offences.
Journal of Criminal Law
An occasional contributor to the case notes in this journal. These notes cover all aspects of criminal law.
