Profile

• Called in November 1991.
• On the Crown Prosecution Service List since 1993 and am now a Grade 3 prosecutor
• On the Attorney General’s Unified List since 2003 (List B).
• Regularly instructed by DWP in respect of complex and serious frauds, often as leading counsel.
• Regularly instructed by the Department of Health in respect of complex NHS frauds, often as leading counsel.
• Regularly instructed by CPS Central Fraud Group (South) (formely RCPO) in respect of revenue frauds and money laundering.
• Regularly instructed to prosecute fraud cases on behalf of various local authorities including Barnet, Haringey, Tower Hamlets and Ealing.
• Experienced in all aspects of asset recovery.

Current/ Recent Cases
R v G and others (2011): Leading prosecution counsel in a 5-handed case of multiple identity housing benefit fraud brought by a Local Authority. The trial has lasted 5 weeks and went before the Court of Appeal for a landmark ruling in respect of the trial judge’s decision to bring in verdicts under S.46 of the CJA 2003 after the jury were discharged following jury tampering.

R v M & A (2010-11): Prosecution counsel in a dental fraud investigation brought by the NHS Counter Fraud Service. One part of the case has been fixed for a 6-week trial and other related frauds are under currently being considered for charge.

R v S and others (2011): Prosecution counsel in a 7-handed cigarette smuggling case in a CPS prosecution following a HMRC cigarette-smuggling operation.

R v S and others (2011): Prosecution counsel in a 4-handed cigarette smuggling case in a CPS Central Fraud Group prosecution following a HMRC cigarette smuggling operation.

Notable Cases
R v B and others (2011): Acted as leading prosecution counsel in a 7-handed NHS fraud alleging that contracts worth £600,000 had been awarded to a contractor on a corrupt basis.

R v N and others (2010): Acted as leading prosecution counsel in a 5-handed case of fraudulently obtaining £230,000’s worth of benefits by a number of members of a family of travellers.

R v G and G (2010): Prosecution counsel in a CPS case alleging tax fraud by an HMRC employee.

R v P (2010): Prosecution counsel in a CPS case for a £1.6 million property investment scam where the defendant targeted friends and family for investment in non-existant properties in Cyprus. Following plea the defendant received a 6-year sentence.

R v G (2009): Acted as leading prosecution counsel in a 12-week trial in a NHS Counter Fraud Service prosecution alleging that a GP had fraudulently obtained £340,000 in bonuses under the Quality and Outcomes Framework. And falsified patient records. This was the first prosecution brought in respect of QOF.

R v M (2009): Prosecution counsel in an importation of a £13million consignment of ecstasy, said to be the largest ever single haul.

R v D and others (2008): Lead prosecution counsel in a 7-handed identity fraud and benefit fraud brought by the DWP focusing on members of a Chinese community.

R v B (2008): Prosecution counsel in a joint DWP RCPO investigation into multiple identity fraud concerning HMRC tax credits and DWP maternity grants. Defendant received a 5-year sentence on plea.

R v P and H (2008) Lead prosecution counsel in a 5-week 2 handed trial alleging that an NHS Director had corruptly conspired to defraud an NHS Trust in the sale of a derelict hospital site to a favoured developer causing loss of around £6 million.

R v O and others (2008): Lead prosecution counsel in a 6-handed 8-week trial brought by the DWP alleging that a number of staff members at Harlesden Jobcentre were fraudulently creating benefit claims and diverting payments into fraudulent bank accounts.

R v F (2007): Prosecution counsel in an NHS case where a student midwife had altered computer records to show her to be of sufficient experience to qualify as a midwife.

R v L and others (2007) Lead prosecution counsel in a 5-handed conspiracy to defraud case brought by the DWP in respect of a large-scale girocheque fraud involving corruption within London sorting offices.

R v T and T (2006) Lead prosecution counsel in a 8-week 2-handed DWP trial of an ageing rock star and his wife for multiple benefit frauds.

R v S and M (2006) Prosecution counsel in an importation of £1.3 million’s worth of heroin concealed within a horse box. The defendants were sentenced to 16 and 14 years imprisonment.

R v T and others (2005-10): Prosecution counsel in a series of RCPO surveillance-led multiple-handed money laundering cases targeting drugs-related crime.

Skills and Specialisms
Since joining the AGs List in 2003 Kevin has specialised in all aspects of fraud prosecutions and have gained particular expertise in:

• Corruption and Procurement Fraud: From leading in a case alleging that an NHS Director had conspired to favour a developer in a major land sale, he is familiar with complex government rules concerning dispositions and tenders under Estatecode. He also led in an 8-handed case alleging a number of NHS employees had conspired to favour a particular supplier for £600,000s worth of work.
• Medical Fraud: Through prosecuting a number of medical professionals he is familiar with analysing patient records, cross-examining medico-legal experts, calling patient witnesses on sensitive topics, interacting with parallel GMC disciplinary proceedings, and patient confidentiality issues. He has also prosecuted cases of ophthalmic, dental fraud, bogus qualifications cases, and regulatory offences for MHRA.
• Employee Frauds: Having prosecuted cases of fraud by employees he is familiar with all aspects of computer misuse, analysing audit trails, and the security system weaknesses that undermine prosecutions.
• Excise Fraud: From CPS CFG cases Kevin is familiar with all aspects of this work.
• Money Laundering: Kevin has conducted a series of interlinked multi-handed cases and is familiar with calling expert mass-spectrometry evidence, adducing schedules of events and telephone schedules.
• Investment frauds: Kevin has prosecuted a £1.6m Ponzi-style property investment fraud involving fictitious overseas developments.
• Benefit/Tax credit fraud: From a heavy DWP caseload Kevin has expertise with Social Security and Tax Credit legislation and regulations, and organised systematic attacks on benefit authorities.
• Multiple identity fraud and conspiracy: Through a number of DWP cases in particular, Kevin is able to follow complex chains of links between different identities in order to establish the involvement of particular defendants. He has expertise in using both common law and statutory conspiracy and have experience in presenting complex conspiracies to juries.
• Drugs: Kevin has prosecuted a large number of serious drugs cases, from couriers to organisers, including a £13m consignment of ecstasy. He has expertise in adducing foreign and expert evidence including: cell-site, tachograph, refrigeration data, handwriting, fingerprints and DNA

General Crime
In addition to the above, Kevin has prosecuted extensively for the CPS since 1993 at all levels, and is now a Grade 3 prosecutor. He has developed skills and experience in a wide range of areas including in particular;

• Offences against children: He is versed in calling child witnesses through video link and liaising with intermediaries and social services. He is also familiar with the protocols involved in indecent image cases.
• Sexual offences: Having prosecuted rape trials and historic allegations of sexual abuse, he has gained experience in adducing evidence requiring considerable sensitivity and using special measures.
• Driving including Death by Dangerous: He is familiar with collision reconstruction reports, calculations of speed, and toxicology and is currently instructed in a case by the CPS Homicide Team.

Court of Appeal
Kevin has appeared many times in the Court of Appeal to respond regarding conviction and sentence. He is familiar with preparing bundles for appeals and now have the experience necessary to prepare effective skeletons, and to anticipate and respond to the fierce and wide-ranging questions often posed by their Lordships.

Administrative Court And Poca 2002
Kevin has been instructed in RCPO/CFG and DWP in complex and contested confiscation cases, including ‘assumptions’ cases, and have obtained orders up to £500,000. His fraud casework inevitably demands expertise in both CJA 1988 and POCA 2002.

Kevin is astute always to consider asset recovery as an inherent part of the overall strategy, but also to ensure proceedings comply with the 2009 CPS Guidance on the need for discretion before instituting confiscation. Kevin has been specifically briefed in Court of Appeal confiscation cases.

In the Administrative Court Kevin has considerable experience of; drafting and applying for restraint orders, hearings to decide the interests of third parties, certificates of inadequacy, intervening in ancillary relief proceedings, and appointing receivers.

Kevin has experience of contested cash forfeiture proceedings, including Crown Court appeals.