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VAT Fraud

Bill Wilson represented a client charged with 15 Counts of Fraud and 1 Count of Possession of an article for use in Fraud.
The frauds were perpetrated against HM Revenue & Customs between 2013 – 2014 which involved the submission of VAT repayment returns for 7 different companies. Issues which arose during the course of the case involved coercion and involvement of others, Computer IP addresses together with reports to HMRC Fraud Hotline.  The case was dealt with at the Central Criminal Court and Southwark Crown Court. The case was investigated by HM Revenue & Customs and prosecuted by CPS Complex Casework Unit..

Disclosure and Barring Certificates; Do you need Help?

Disclosure and Barring Certificates [DBS Certificates] are impacting more and more on a wider variety of professional people and members of the public. We at Bankside Law have found this is an area on which we are increasingly being asked to advise and represent our clients to avoid the harsher effect of the DBS certificates and their impact not just on job opportunities but careers generally. We have successfully assisted doctors, teachers, social workers and other professionals in overturning unfair, disproportionate and prejudicial wording imposed on DBS certificates by the police

John Williams commented

Here at Bankside Law we are starting to see a pattern of cases where we have been successful in defending professional clients charged with criminal offences where the police seek to impact on their careers by not just referring to the charges and the acquittal but also by then passing prejudicial opinion on the risk posed by the professional to vulnerable adults or children. We have developed an expertise in pursuing such cases to the Independent Monitor and either overturning the reference in the certificate to the criminal allegations in their entirety or amending the wording to remove the prejudicial and disproportionate wording put forward by the police. In one case the cost of this was covered by a legal expenses insurance policy on a household building and contents insurance held by our client.”

Whether you are a doctor, nurse, other health professional, teacher or member of the public, if you have a problem with a DBS Certificate call John Williams or Bill Wilson on 0207 402 2356 for a free initial telephone consultation.

Accountancy Fraud

Bill Wilson represented a client charged with 18 Counts of Theft and 1 Count of Perverting the Course of Justice, between 2012 - 2013.
The allegations arose from the client’s position within an accountancy practice in London where it was alleged that monies had been diverted utilising international client accounts, without the client's authority or knowledge. Issues relevant to the case included consent and knowledge of the payments. The case was dealt with at Southwark Crown Court and was prosecuted by CPS Complex Casework Unit..

Fraud

Bill Wilson represented a client who admitted a fraud whereby £1.2 million had been diverted between 2006 – 2008. The facts were that various transfers had been made to shell companies on the basis that they were legitimate businesses and were owed funds. The case was dealt with at Southwark Crown Court and was prosecuted by CPS Special Casework Team.

Chiropractor allegations dropped after non-production of GP records

In a recent case before the Professional Conduct Committee of the GCC our chiropractor client had no evidence offered against him and the allegations were dropped. The Claimant alleged she had been the subject of an accident in a famous supermarket 5 years previously and her life had been affected ever since. She attended out client’s practice, travelling a great distance and sought treatment and a report from him. She was ultimately excluded from the practice. She complained about the content of the report, she claimed our client had retracted it and this had endangered her life and she also complained about her treatment to the GCC. She was directed by the Investigating Committee to produce her GP records going back to the date of the accident but she declined to do so. The complainant’s GP also removed the complainant from their list of patients citing an irretrievable breakdown in the doctor patient relationship.

Despite this the IC decided there was a case to answer albeit not in relation to the report and referred the case to the PCC . Extensive requests for disclosure were made by ustof the GCC (the GP records were requested over a period of 12 months). Service of the GP notes  was still not forthcoming. The week before the hearing the GCC sought to postpone the hearing. We vigorously opposed this and we were successful, the hearing went ahead. The GP records were not available and were never produced. The complainant refused to attend the hearing. The GCC offered no evidence and the case resulted in a finding that our client was not guilty of unacceptable professional conduct.

John Williams commented “It is my experience in chiropractor cases that the IC will often refer allegations to the PCC which were not the main substance of the complaint by the complainant This was one such cases where the allegations were peripheral to the complainant’s complaint. Furthermore, when a complainant declines to co-operate with the IC when it directs disclosure of relevant GP records and there is evidence in the papers that the complainant has been excluded from treatment by two health professionals for a breakdown in the healthcare worker/patient relationship it is doubly disappointing that the IC took the view there was a case to answer and that further delay and cost accruing to the GCC, the profession and its insurers was incurred. I am pleased that my client’s professional reputation remains intact but he should not have had the stress, anxiety or cost of waiting for a year to attend this hearing and in my view the case should never have progressed past the IC in the first place.Most other health regulators have procedures in place for screening out vexatious/unmeiri complaints. The GCC have a procedure available to them in their legislation to use screeners. I don't understand why they (unlike the General Osteopathic Council) have never used it?".

Our client commented:-

"I think it is a great shame that the case went as far as it did. I believe a process should be in place to prevent this from occurring in the future along with . However, I cannot deny that the past year and a half has been emotionally and physically draining. I hope that a complaint like that can be prevented from occurring again in the future but from my experiences I do not hold out any great hope this will happen".