Bark & Co Solicitors

Tuesday 3 July 2012

Bark & Co Solicitors London: Deferred Prosecution Agreements

http://apps.bebo.com/widepr/press_release/41014/bark_co_solicitors_london_deferred_prosecution_agreements.html

The director of the Serious Fraud Office (SFO) and the Solicitor General, Edward Garnier QC, have recently made no secret of the fact that they consider the criminal justice system to be incapable of dealing with corporate prosecutions in a way that refects commercial realities. The blunt impact of a prosecution of a company has the impact of damaging innocent parties including employees, shareholders and creditors. Garnier cited the cautionary example of the ill-effects of prosecution caused to Arthur Andersen, eventually acquitted on charges of obstruction of justice by the US Supreme Court, many years after the allegations had destroyed the company. US prosecutors have a tool at their disposal, the deferred prosecution agreement (DPA), which is being touted as a viable alternative to the present options of either prosecution or civil recovery. Much of the impetus
for the reform has been caused by the difficulties faced by the SFO when they sought to prosecute Innospec. The SFO effectively had already agreed with the company, pre-sentencing, the nature of the sentence in return for a guilty plea. This was criticized by Thomas LJ who reminded the SFO that it is for the Judge to determine sentence at his discretion and especially that any plea must be “rigorously scrutinized in open court”.

Bark & Co

http://www.chambersandpartners.com/uk/Firms/67001-45155

THE FIRM Bark & Co is one of the UK’s leading fraud and business crime firms. The firm’s highly-skilled lawyers are committed to providing expert advice at every stage of proceedings. The firm’s principal aims are to avoid expensive litigation whenever possible and to fight tenaciously to protect its clients’ interests.
Established in 1996 by Giles Bark-Jones, Bark & Co has developed into one of the Country’s most progressive and successful fraud firms. A founder member of the Specialist Fraud Panel, the firm specialises in commercial and criminal fraud as well as serious crime, business and tax regulation, tax investigations and corporate obligations associated with health and safety enforcement. The firm acts for private individuals as well as national and international companies. It has also established itself as a leader in the field of cash and asset recovery in both criminal and civil courts.
Bark & Co prides itself on the individual expertise of its lawyers, the collective strength of its specialist teams and their skill in tailoring advice to match each client’s individual circumstances. Bark & Co’s rigorous commitment to quality of advice and personalised service has lead to significant work through referrals by both clients and other leading law firms.

PRINCIPAL AREAS OF WORK Bark & Co handles a wide range of high-profile white-collar crime and fraud cases, including prosecutions and investigations brought by the Serious Organised Crime Agency (SOCA), HM Revenue & Customs, the Serious Fraud Office (SFO), the Financial Services Authority (FSA), the Special Compliance Office of the Inland Revenue, the Crown Prosecution Service (CPS), Trading Standards and other prosecuting bodies.

Wednesday 13 June 2012

UBS £1.4bn fraud accused Kweku Adoboli granted bail

http://www.4ppl.com/blog/entry/UBS_1_4bn_fraud_accused_Kweku_Adoboli_granted_bail_2012_06_13

http://www.independent.co.uk/news/uk/crime/ubs-14bn-fraud-accused-kweku-adoboli-granted-bail-7831404.html

A City trader accused of gambling away a record £1.4 billion in a banking fraud has been granted bail.

Kweku Adoboli, 32, from Clark Street, Whitechapel, east London, is accused of losing the money while working for Swiss banking giant UBS.

He denied two counts of fraud and two counts of false accounting at an earlier hearing but was remanded in custody.

Today after a bail hearing held behind closed doors at Southwark Crown Court, Adoboli was granted bail on the condition that he must reside at a friend's house and abide by a curfew enforced using an electronic tag.

A sum of surety, put up by friends but which was not disclosed publicly, was also imposed.

Adoboli was said to be "delighted" to have been given bail.

Courts Martial

http://www.4ppl.com/blog/entry/Courts_Martial_2012_06_13

Our team at Bark &Co have wide experience of Courts Martial both in UK and abroad including in areas of conflict such as Iraq. We also retain ex-military experience within the firm to ensure we can be sensitive and responsive to the unique circumstances affecting servicemen and women and their families, especially when they are serving abroad. The Services demand standards of discipline which are distinctive to the armed forces and which have penalties for conduct that would not attract the same action in civilian employment eg AWOL and disobeying a lawful command. This separate military justice system is very familiar to our team at Bark & Co where we adopt a policy of personal contact providing expert legal advice at the earliest stage of proceedings.

When a service person is remanded for court martial they become eligible for Legal Aid. ACFLAA will, if requested, select a solicitor to represent them in this situation. But serving personnel also have the right and are encouraged to choose their own representative from the legal profession to assist in their defence case. This is where Bark & Co are at your service 24 hours a day.

We at Bark & Co have an excellent track record representing military personnel, either through legal aid or on a private fee basis. Either way, you will receive the benefit of longstanding experience and familiarity with the military and we will engage the services of specialist barristers whenever necessary to fight your case to best effect.