Profile: David has a busy and established practice in criminal prosecution work. He is regularly instructed in fraud cases prosecuted by the Department for Work and Pensions and the Department of Health as well as Local Authorities and the CPS Central Fraud Group South (formerly RCPO).
David is instructed both as a junior and led junior in cases involving the prosecution of large scale organised benefit frauds, frauds on the NHS by medical professionals and other service providers and Tax frauds. These are specialist areas of work, requiring an eye for detail and a thorough understanding of the framework in which such offences are committed.
David is experienced in all areas of confiscation and asset recovery.
Appointments:
AG’s Unified List C Panel (2005)
CPS List Grade 2 (2006)
Recent/ Notable Cases:
R –v- Guthrie & Others - Prosecution junior instructed in a multiple identity benefit fraud prosecuted by LB Barnet, involving several family members and associates. Following a six week trial the jury were discharged amidst allegations of tampering. It was sucefully argued that the trial should proceed by judge alone pursuant to s.46 CJA 2003. This decision was upheld by the Court of Appeal ([2011] 2 Cr. App. R. 20).
R –v- B & Others (2011) – Prosecution junior in an 8 handed conspiracy to defraud the NHS prosecuted by Department of Health. This case surrounded the award of some £600,000 worth of contracts for goods and services by employees of the NHS outside of the proper financial procedures. The defendants included a number of NHS staff, as well as the contractors who had submitted contrived quotations and/or been awarded contracts.
R –v- C (2010) – Instructed as prosecution counsel in a multiple identity benefit fraud spanning a period of some 13 years, during which the defendant fraudulently obtained some £70,000.
R –v- H & C (2010) – Instructed as prosecution counsel in a DWP “living together” case involving a £150,000 benefit fraud spanning a period of 12 years.
R –v- G (2009) – Prosecution junior in a case involving an allegation of fraud by a GP who had created false patient entries in order to make false claims under the Quality and Outcomes Framework System and other GP payment systems. This was the first prosecution of its type and the trial lasted some 3 months. The material in this case was voluminous (some 18,000 pages) and involved detailed computer analysis. This case presented a significant challenge to ensure that the prosecution evidence could be understood and digested by both the judge and the jury.
R –v- W (2009) – Prosecution junior in a Tax fraud involving an individual who had been trading “off record” for a number of years, avoiding some £400,000 in Income Tax, VAT, National Insurance and PAYE.
R –v- P (2009) – Instructed by the DWP to prosecute a defendant who fraudulently continued the benefit claims of his grandmother following her death for a period of almost 20 years, obtaining some £90,000.
R –v- D & Others (2008) –Prosecution junior in a 7 handed conspiracy to defraud. This case involved an organised £250,000 benefit fraud prosecuted by the DWP. This involved the use of false identity documents to obtain national insurance numbers allowing fraudulent benefit claims to be made. David continues to be instructed in the enforcement of the confiscation order against the principle defendants.
R –v- T & T (2007) – Instructed by the DWP to prosecute in a conspiracy to defraud involving the “then” world welterweight boxing champion and his partner, who had maintained fraudulent benefit claims for a number of years by declaring themselves to be a lone parent.
R –v- A (2007) – Instructed by RCPO to prosecute a £1.8 million heroin importation through Heathrow Airport on Christmas day.
R –v- D & Others (2006) – Defence junior for the first defendant in a case involving conspiracies to kidnap, blackmail and falsely imprison. This case involved detailed analysis of call data and cell site data. |