Having achieved a wide-ranging criminal practice as a junior, Richard Sutton found himself instructed more and more in fraud and fraud-related cases. This trend has continued in Silk. Experienced in both prosecuting and defending, he has ensured that his practice contains a mix of work on both sides. He has a particular expertise in commercial and fiscal fraud, prosecuting for RCPO, the Serious Fraud Office, BERR and the CPS Fraud Prosecution Service and defending, inter alia, in Mortgage, Insolvency, Company, Advanced Fee, Investment, Diversion and MTIC frauds.
The nature of the cases in which he is instructed often means that he is engaged in one case for a number of months and the litigation may spread over a number of years. He remains, however, committed to a diverse practice and finds every case, whatever its size or complexity, compelling and challenging. In addition to his fraud work he has recently been instructed in murders, death by dangerous driving, firearms and serious drug offences. He also defends in disciplinary hearings and has advised privately on revenue, excise and value added tax matters.
He has dealt with most of the evidential and procedural issues that are encountered in serious crime. Examples of issues arising in recent cases include: public interest immunity (PII) and disclosure, legal professional privilege, abuse of process, foreign evidence, extradition issues, letters of request, covert police operations, examination and cross-examination of forensic experts (accountancy, medical, scientific), cell-site evidence, entrapment, cross-examination of s.72 SOCPA 2005 witnesses, examination and cross-examination on UK and international television link, etc.
He has been instructed (defending and prosecuting) in confiscation proceedings under the Drug Trafficking Act 1994, Criminal Justice Act 1988 and Proceeds of Crime Act 2002.
Publications
He is section editor for Fraud; Law, Procedure and Practice (LexisNexis) and co-author of the chapter of cross-border jurisdiction.
He has delivered seminars on confiscation, cross-border jurisdiction, corporate manslaughter, the Serious and Organised Crime and Police Act 2005, the Fraud Act 2006 and DNA, and is an advocacy trainer at the Middle Temple and Recorder of the Crown Court.
Examples of recent cases
R v Jones (Stafford Cr. Ct.) December 2009
Prosecution - Conspiracy to cheat (MTIC/carousel fraud), falsification of accounting records.
R v Bedesha & Ors (CCA) November 2009
Prosecution – appeal by defendant who was absent from trial – whether court erred in proceeding in defendant’s absence.
R v Mazekelua (CCC) September 2009
Defence – Murder - Hostile witness; video evidence.
R v Wahome (CCC) July 2009
Defence – Murder - Reception of evidence from deceased witness.
R v Olawaye (CCA) July 2009
Defence – appeal against sentence – Guideline case on sentencing for firearms offences.
R v Keith & Ors (Northampton Cr. Ct.) February 2009
Prosecution - Conspiracy to defraud, falsification of accounting records, money laundering - Directors of football club, and others, extracting monies from former premiership club by fraud.
R v Batth & Ors (Birmingham Cr. Ct.) January 2009
Prosecution - Money laundering - Part II (see below) of multi-handed money laundering trial – proceeds of drug trafficking, MTIC/Carousel fraud.
R v Mann & Ors (Southwark Crown Ct.) Oct. 2008
Prosecution - Conspiracy to pervert the course of justice – false statements in court proceeding. Bankruptcy.
R v Batth & Ors (Birmingham Crown Ct.) Apr. 2008
Prosecution – Multi-handed money-laundering and MTIC fraud. Carousel fraud based in Dubai. Money laundering through casinos and betting shops. One defendant tried in absence. Mass Spectrometry evidence. Confiscation.
R v Islam (CCC) Mar 2008
Murder - Defence - Unprovoked stabbing. DNA; Blood distribution.
R v Olawaye & Ors (Kingston Crown Ct.) Oct 2007
Defence - Supply of firearms – use of s.72 SOCPA 2005 (providing immunity to co-defendant for giving evidence against others charged).
R v Crossfield & Ors (Ipswich Crown Ct.) April 2007
Drugs - Prosecution – Class A supply to East Anglia. Covert operation; disclosure issues; abuse of process.
Re E (Master of the Rolls) Nov 2006
Appeals - Representing former solicitor on application before Master of the Rolls following refusal of SDT to re-admit.
R v Johnson & Ors (Central Criminal Court) Oct 2006
Murder - Defence – Multiple stabbing in course of robbery; cut-throat defences; DNA evidence; prosecution refusing to adduce evidence from absent witness; s. 116 CJA 2003; cell site evidence. On Appeal (CCA) April 2008 – principal grounds were: refusal of trial court to allow statement to be read under s.116 CJA 2003; Incomplete cell site evidence; permanent deprivation under s.6 Theft Act 1968; similar fact evidence.
R v Howley & Ors (Cardiff and Newport Crown Cts.) July 2005 - April 2006
Financial and Fiscal crime - Defence - Principal defendant, a company director, with factories in England and Wales – Listed as four separate trials this case concerned the activities of the defendant, his co-directors and other employees and contractors in relation to allegations of (i) conspiracy to obtain insurance monies by deception following a flood at the defendant’s factory; (ii) conspiracy to obtain finance (for the company’s manufacturing needs); (iii) conspiracy to defraud the company’s bank and (iv) conspiracy to obtain a development grant. The defendant was acquitted by juries on the first two trials and, following a submission of abuse of process, the remaining charges were stayed.
Interlocutory appeal; R –v- H (Criminal Court of Appeal) July 2005
Defence as appellant - on coming into force of hearsay provisions CJA 2003.
R v Walker & Ors (Birmingham Crown Ct.) Sept 2002 – July 2006
Financial and Fiscal crime - Prosecution – series of six multi-handed MTIC trials concerning mobile phones. Fraud organised in Spain. Extradited defendants; letters of request; evidence from Spain, Germany, Scandinavia and U.S.A. Questions of privilege, disclosure, abuse of process, adequacy of committal proceedings and confiscation. On Appeal; R –v- Nottingham Magistrates Court ex p T (Admin. Ct.), Prosecution as applicant and respondent - Four separate applications following various stages of proceedings in magistrates court re validity of committal proceedings; disclosure; PII; abuse of process; privilege. Court set out approach that should be taken by the prosecution to abuse applications.
R v Gordon (Leicester Crown Ct.) Jan 2005
Murder - Defence – Stamping on victim (alcoholic); Expert evidence on mental condition and propensity to cause harm.
R v Twiss (Southwark Crown Ct.) May 2004
Financial and Fiscal crime - Defence – Investment fraud involving investors from U.S.A. and elsewhere. Transfer of funds to Europe. Case involved abuse of process arguments, breach of privilege (U.K. and France), use of foreign evidence, live link from U.S.A. and confiscation.
R v Saracoglu [2003] EWCA Crim 2244 2003 WL 22002394
Murder - Instructed by appealing defendant for Court of Appeal hearing only. Firm of solicitors acting for two defendants (drug charge); cut-throat defences. Conflict of interest. Cross examination of counsel and solicitor’s representative in Court of Appeal.
Re M (Sheffield Crown Ct.) July 2003
Barrister wasted costs order; On Appeal to CCA Feb 2004
R -v- Hardy (Snaresbrook Crown Ct.) Feb 2002
Drugs - Defence – Conspiracy to import class A drugs; Undercover police officer; abuse of process, entrapment. On Appeal; R –v- Hardy (CCA) Sept. 2004; sentence appeal allowed – sentence reduced by half.
R v Brady and Brady (Birmingham Crown Ct.) Sept 2001
Financial and Fiscal crime - Prosecution of "Phoenix" fraud. Case involved questions of insolvency practice; the role of the Official Receiver; transfer of information from the Official Receiver and liquidators to Revenue and Customs; statutory gateways and the admissibility of evidence from Company Director’s Disqualification proceedings. On Appeal; R –v- Brady [2004] EWCA Crim 1763; [2005] 1 CAR 5; Court of appeal gave guidance on extent to which the Official Receiver (DTI) and a liquidator may pass information to prosecuting authorities.
Less recent noteworthy cases include
R v Cairns , Zaidi and Chaudary (Court of Criminal Appeal) [2002] EWCA Crim 2838; The Times, 2 December 2002; [2003] 1 WLR 796; [2003] 1 CAR 662
Drugs - Defence as appellant – Appeal on (i) whether prosecution should be permitted to call a witness whom they accepted would not tell the whole truth, (ii) cross-service of defence case statements, (iii) order of the defendants on the indictment.
Inland Revenue Commissioners v Kingston Crown Court (Admin Ct.) [2001] 4 All ER 721 [2001] EWHC Admin 581:
Financial and Fiscal crime - Prosecution as applicant – Advanced Corporation Tax fraud; Appeal from dismissal proceedings under CJA 1987; correct approach for Crown Court judge on evidence at dismissal hearing; judge’s discretion on facts.
R v G & Ors (Court of Criminal Appeal) [2001] EWCA Crim 442; [2002] 1 WLR 200; [2002] 1 Cr App R 147
Financial and Fiscal crime - Defence as respondent – diversion fraud; Interlocutory appeal by Crown under CJA 1987 on trial judge’s ruling to exclude evidence of a global conspiracy; challenged to the jurisdiction of the Court of Appeal to hear the appeal. The Court held that where a ruling at an interlocutory hearing concerned the construction of the indictment regarding the issues in a case, then the purpose of the ruling fell within the words of s.7(1)(a) Criminal Justice Act 1987 as "identifying issues which were likely to be material to the verdict"; jurisdiction accepted.
Commissioners of HMCE v Southwark Crown Court (Div. Ct.) 97 CAR 266
Financial and Fiscal crime - Prosecution as applicant – CJA 1987; CA ruled that it had jurisdiction; Once a serious fraud case has reached the stage of preparatory hearings, the trial judge should remain with the case.
R v Aziz (House of Lords) 1996 1 AC 41
Financial and Fiscal crime - Prosecution as respondent – VAT fraud; character direction where defendant (otherwise of good character) has admitted other fraudulent behaviour when giving evidence.
