The current edition of
Chambers Guide to the Legal Profession describes Tony Shaw as a lawyer “
with a fantastic mind for fraud and a firm grasp for all the issues” who “
always shows impressive judgement."
The Legal 500 for 2008/9 describes him as "
unfussy, quiet and extremely effective." He has always been ranked by Chambers as a Leading Silk in the field of criminal fraud and has been described in past editions as “
very pleasant, capable and computer literate: ideal for fraud cases” and “
meticulous, imaginative and approachable”. In recent years the Guide has stated that he “
demonstrates thorough attention to detail, and is trusted by the courts.” (2003-4), “
manages document heavy cases with ease and gives robust advice” (2004-5); is “particularly
adept at getting to the heart of the matter”; "
a man for the most convoluted cases" with a "
thoroughness of preparation allied to clear, concise advice" (2005-6). The 2008 edition states that he affords his clients “
a cornucopia of talents,” and is described by his peers as “
intelligent", "
bright" and "
academic,” with “
good jury and judge handling, and excellent document management.”
He is the author and contributor to several published works, including a treatise on
Conspiracy to Defraud in a recent OUP loose-leaf work on Fraud (2008). In 2008 he was the Chairman of the CBA Committee Report and Joint Response of the Law Reform Committee of the Bar Council to the Law Commission’s Consultation Paper:
Reforming Bribery. He is currently under contract with Professor David Ormerod to write a book on conspiracy.
Tony Shaw started with a common law practice, but increasingly specialised in general crime, with an early emphasis on drugs work. He developed a substantial reputation for white-collar work which led to a junior brief in the Guinness case. This was followed by briefs as a junior and leading junior and, since 1994, as a silk in Eagle Trust, Polly Peck, BCCI, Butte Mining, Alliance, Simetal, Holbein and a number of other SFO cases.
He undertakes work which falls principally within the broad field of fraud, which has included
- Corporate and serious fraud
- LOSC, charity, mortgage, investment, European Union and ECGD frauds
- VAT, MTIC and other Customs and Excise duty evasions and tax frauds
- money laundering and corruption
- drug importations
- confiscation.
In the last 10 years he has undertaken a number of cases for the Serious Fraud Office. Whether prosecuting or defending, he strongly believes in the benefit of working with his instructing solicitor and junior counsel as a team.
In addition, he advises corporate and other clients in relation to pre-trial issues concerning potential investigation and corporate issues where concerns have been raised as to the existence of possible or potential liability, and its mitigation.
Cases typically can involve:
- enormous numbers of documents
- complex genuine or false financial structures
- the study and understanding of different commercial and financial markets or instruments
- international corporate structures and inter-relationships
- offshore management structures
- expert accounting, financial or other evidence
Illustrative Cases of Note
Holbein/Pharmaceuticals (2005-2008) successfully acted for director of a pharmaceutical company in an alleged £25 million cartel conspiracy against the National Health Service, prosecuted by the SFO.
VWS (2005-2008 SFO prosecution): successful prosecution of 4 of 5 defendants of conspiracy to defraud American investors.
EFT (2006-2007) advised individuals in relation to an SFO investigation into financial engineering in the Balkans and alleged corruption concerning US aid.
Michaelides (2007) successful defence of businessman alleged to have defrauded an international company through a forged lease and repurchased the property through off-shore companies.
Dakers (2006) successful defence of an alleged principal in an international money laundering organisation.
Operation Waddington (2003-4): defending solicitor for laundering proceeds of MTIC fraud. Complex confiscation proceedings giving rise to arguments governing proportionality, and statutory definitions.
Simetal (2003 SFO prosecution): a $200 million fraud on 20, mainly Arab, banks by letters of credit based on false bills of lading and other shipping documentation for inflated cargoes from various European to Middle Eastern ports. The principal defendant pleaded guilty to conspiracy to defraud shortly before trial.
Centrex (defending 2002): one of 6 defendants charged following a 7-year investigation into a £4.3 million training fraud in respect of NVQ certificates awarded by the Road Transport Industry Training Board Services Ltd. Pleaded guilty at retrial: 3 years imprisonment.
Paulssen (2001: defending): $9.4m high-yield investment fraud concerning activities in Switzerland, Germany, Holland, America and the UK; conviction.
Anchor (defence 1999). Alleged breach of EU butter quotas from New Zealand and unpaid EU import duties of £100 million: then the largest ever European tax investigation. Case abandoned by the Crown.
Alliance Resources (1999: SFO prosecution) Defendant company raised £7 million on the London Stock Exchange to finance a gas field in Louisiana. The trial involved forged documents, false accounting records and secret profits made by the CEO who was convicted.
Butte Mining (defence 1997-1998) 11-month trial relating to a gold, silver, lead and zinc mining business in Butte, Montana, USA and a £60million floatation. Personal gains made by the directors were hidden in a web of off-shore companies. It was the longest jury deliberation (almost a calendar month) in the SFO's history.
Sumitomo (1996-8) Advising lay clients regarding a $2.6billion SFO copper fraud investigation concerning the London Metal Exchange, derivatives and market conduct.
Polly Peck (1993: junior brief) Defending Asil Nadir charged by the SFO with numerous counts of theft totalling £34m.
BCCI (1994: junior brief) Defending Nazmu Virani charged issuing false financial documents to support of BCCI's banking and accounting status and arising out of the £3.8 billion BCCI scandal.
Eagle Trust (1991: leading junior) £13.5m fraud: successful defence of company director charged with assisting the Chairman to use company funds to underwrite company shares via off-shore tax structures.
Guinness (1990: junior brief) Defending Ernest Saunders with offences concerning the manipulation of the Guinness share price during the £2.6 billion contested takeover of Distillers, being the first major SFO enquiry and prosecution. Conducted most of the pre-trial legal arguments and preparatory hearings, and conducted the subsequent appeal.
William Press (junior brief) Defending in a Labour-Only-Sub-Contractors (LOSC) fraud and alleged evasion of income tax (PAYE) and National Insurance by a major national corporation: client acquitted
Reported Cases of continuing interest include:
R. v. Allpress, Symeou, Casal, Morris and Martin [2009] EWCA Crim 8, a five judge court decision about the meaning of benefit in confiscation cases concerning couriers and trustees.
R. v. Condron and Condron, [1997] 1 Cr.App.R. 185, CA an earlier leading case which concerned inferences to be drawn from the silence in interview and legal professional privilege.
R. v. Rozeik, [1996] 1 Cr.App.R. 260 CA, concerned the limits to be attributed to the width of corporate knowledge derived from employees in cases of fraud.
R. v. Central Criminal Court and Nadir, ex p. Director of the SFO, (1993) 96 Cr.App.R. 248, DC concerned the jurisdiction of the Divisional Court to review certain decisions of the Crown Court in pre-trial matters.
R.v. Ellis, Street and Smith, (1987) 84 Cr.App.R. 235 CA concerned the criminality of persons who unknowingly import drugs, wrongly believing them to be another prohibited article.
Books and Articles
1991-2010: a Practitioner Editor of Archbold Criminal Pleading Evidence and Practice
2008-10: Contributor to Fraud: Criminal Law and Procedure (OUP, 2008): Conspiracy to Defraud and co-author of Presenting a Fraud Case
2008: Chairman of CBA Committee Report and Joint Response of the Law Reform Committee of the Bar Council to the Law Commissions Consultation Paper: Reforming Bribery
2006: Fraud Act 2006 Archbold conference.
2006: What would a reasonable and honest person make of this?: The Times, April 11: an article with Professor David Ormerod on conspiracy to defraud in relation to cash for honours.
2005: Developments in Conspiracy to Launder Money: with Professor David Ormerod: [2005] 7 Archbold News, 6-9.
1995: Chairman of Justice Committee on Disclosure and Public Interest Immunity
1994: Chair of CBA Committee on Law Commission's Consultation Paper on Involuntary Manslaughter
1993: CBA Committee member on Long Fraud Trials
1992: Contributor: The Right to Silence and Serious Fraud Trials: Inner Temple seminar
Co-author, Extradition, Halsbury's Laws of England 4th ed.
Judicial Recommendations for Minimum Periods of Imprisonment for Murder. [1976] Journal of the Howard League
