£Multi-Million MTIC Fraud
James Martin, leading Ben Holt, were instructed on behalf of Mr Aslam by Bark & Co Solicitors.
The case was an MTIC Fraud which was part and parcel of Import Duty Diversion on Beers, Wines and Spirits. According to HMRC the OCG were accountable for significant losses to the UK Exchequer through associated large scale VAT and Excise duty frauds. The group also conducted a substantial money laundering operation in relation to the proceeds of these crimes which was believed to be in excess of £86 million.
13 different individuals were said to be involved along with a whole host of MTIC and Buffer companies some of which sold on the BWS to end user Cash & Carries who were never investigated.
The case was split into two trials with Mr Aslam D1 in Trial 2. As the case developed there were significant issues with the evidence and associated disclosure problems which related to material that had been withheld by HMRC and should have been disclosed far in advance of the trial itself. After considerable legal argument in Mr Aslam’s case we were able to restrict the alleged loss to HMRC to less than £7k.
Ultimately Mr Aslam was convicted but only received a Suspended Sentence Order.
Fraud and Money Laundering
Mr Martin was leading Counsel for Mr Salim. The case centred around the activities of two men who worked at high street banks who assisted another in creating a significant number of sham bank account for the use in a transfer fraud. The legal issues involved the proper application of the definition of “Criminal Property” following cases such as R v GH [2015] UKSC 24 and R v Loizou [2005] 2 Cr App R 37.
Multi-Handed Courier Fraud
James Martin represented the defendant in this multi-handed courier fraud. Operation PLEACH was a Hertfordshire Police investigation into a series of 36 courier fraud offences committed across England between the 1st March and 29th November 2016.
This was another case in which the Crown wrongly indicted a global conspiracy when there were clearly multiple and separate agreements between various defendants. As a result the Crown had to concede the position and substantially change the indictment meaning that DA was no longer charged with any Conspiracy count at all. Instructed by Bark & Co.
£2.1m International Fraud upon Film Rental Equipment Companies
James Martin represented SH in this matter who was charged with being party to a large scale International Fraud against a number of Film Rental Equipment Companies who were based across the Globe. The Fraud was organised from the UK where the Organised Crime Group assumed the identities of some legitimate businesses in the industry. They were able to dupe associated Insurance companies as well and arrange various hire contracts over a significant period that were worth £2.1m. Ultimately the Crown were persuaded that the evidence of a Global Conspiracy was not present in SH's case and the indictment was amended to a single substantive money laundering offence in his case. SH was duly acquitted by the Jury. Instructed by Bark & Co Solicitors.
HMRC "Red Diesel" VAT Fraud
James Martin was instructed as Leading Junior for this defendant charged with 10 others in a case that involved an huge undercover investigation by HMRC into an alleged nationwide Red Diesel laundering Fraud. There were said to be two principle laundering sites: one in Birkenhead and the other near Ashford in Kent. Following over 12 months of covert surveillance and a 3 year investigation 11 men were charged with being involved in the Conspiracy said to have involved a loss of over £500k to HMRC in unpaid VAT.
The case was split into two trials. During the first trial it became apparent that there were a number of issues with disclosure in the case. This followed repeated requests for disclosure by the Defence teams. At the beginning of the 4th week, and after the OIC was subjected to cross-examination on the voir dir, HMRC were forced to seek an adjournment of the Trial once they realised the scale of the disclosure problems in the case.
The application was vigorously opposed by the Defence and ultimately refused by HHJ Trevor-Jones. In his damning ruling he said that there had been “negligence to a lamentable degree” which was “indicative of a more systemic failure.” As a result of the Judge’s ruling HMRC offered no Evidence against the defendants left in the case. Instructed by The Stokoe Partnership.
Fraud
James Martin was a led junior, successfully defending a man over a 2 year period, accused of evasion of import Duty and VAT on Gold Jewellery. Over £8million evasion involving an international investigation which moved from the UK, to Europe, India and Dubai. This was a case involving a conspiracy to evade import duty and VAT payable on the importation of gold jewellery. In total over £8 million was said to have been evaded. Mr Martin was led in this case and represented a defendant accused of being one of the men responsible for importing the gold Jewellery from Dubai into Frankfurt. The fraud involved the handover of the gold to another member of the conspiracy who would then import into the UK passing off the import as intra-EU trade and therefore VAT exempt. Some of these activities were observed by a covert intelligence unit of the German Police. The case involved complex VAT legal questions as well as Jurisdictional issues.
Fraud
James Martin was junior alone in this Multi-handed case involving a conspiracy to steal high value cars to order. Gang were operating in Kent, targeting mainly BMW M3s, disabling the tracking devices and then breaking up the cars and selling on the parts. Involves allegations of money laundering associated with the disposal of the criminally obtained funds.
Fraud
James Martin was Junior alone in a multi-handed conspiracy to import and distribute multi-million pound loads of cigarettes and hand-rolling tobacco. Evidence comes from substantial probe material in addition to undercover observations and seizures from warehouse found by HMRC.
Fraud
James Martin was Junior alone in a multi-million pound money laundering operation. Hillier was said to be the central figure in the setting up and running of a counting house through which organised crime gangs would launder vast quantities of cash. The case involved a large amount of telephone data and observation evidence.
Fraud
James Martin was Junior alone in a multi-handed conspiracy to defraud a number of elderly householders and launder the proceeds. The case involves a number of victims over a considerable period. Some of those victims have now dies and the Crown seek to rely upon their recorded testimony.
Fraud
James Martin was Junior alone in a multi-handed conspiracy to defraud a number of elderly householders and launder the proceeds. The case involves a number of victims over a considerable period.
Fraud
James Martin was Junior alone in a multi-handed conspiracy to defraud a number of elderly householders and launder the proceeds. The case involves a number of victims over a considerable period.
Fraud
James Martin was Junior alone in a 7 Handed conspiracy to commit fraud and launder the proceeds. The fraud was completed with the help of an ‘inside man’. Money was being diverted from the Royal Marsden hospital which specialises in cancer treatment. A network of individuals were used to filter the money once it had been diverted from within the Trust itself.
Fraud
James Martin appeared for Mr Collier who ran a large scrap yard for many years and was the subject of multiple police operations. At one stage an undercover officer was even deployed to his yard to pose as someone selling stolen cabling. He was accused of processing large amounts of stolen metal including stolen grave plaques and high voltage cable.
Mortgage Frauds
James Martin Trial and Retrial of allegations of large scale property frauds. Involved the intentional undervaluing of property in order to sell it on to others within the conspiracy at a discount. Case alleged a conspiracy between an inside man at Severn Trent Water and the other defendants. The property would be advertised and false bids were being submitted by others to enable a selling to one of the members of the conspiracy at a substantial discount. Instructed by Blackfords LLP.
Mortgage Frauds
James Martin instructed as defence counsel in a multi-handed mortgage fraud conspiracy at the CCC. Allegations revolve around a company said to have been set up to provide mortgage to people from the criminal fraternity with no questions asked. The defendant was an employee of the company and is said to have benefitted from such a mortgage. Her husband was involved in money laundering and drug trafficking. Instructed by Thomas Boyd Whyte.
Money Laundering
James Martin instructed as junior alone. Case involved allegations surrounding the proceeds of a complex Fraud taking place in Europe. Various sham companies were offering clients jobs as high end companions for the wealthy. Another aspect of the fraud was a production company offering roles in Pornographic films. Both were shams and the money taken upfront from those involved was being syphoned to the UK.
Chambers of Sarah Forshaw KC &
Mark Heywood KC
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