This cybercrime investigation into corruption across the banking industry resulted in the arrest of the client who was a Barclay’s Banker in the Cyber Fraud operation Kadenza. The Crown alleged the client had opened 144 fraudulent accounts enabling in excess of three million pounds to be laundered, as well as passing on sensitive details to those committing the Cyber Fraud (£113 million) in operation Kadenza.

Lengthy written and oral advocacy resulted in the prosecution offering no evidence on the two substantive conspiracies. The Court held it was not persuaded that the Prosecution could properly substantiate the tenuous link between the co-conspirators and the client.
The client pleaded guilty to one count of money laundering limiting his involvement to £1.5 million pounds. No confiscation proceedings were pursued.

National Press Coverage.

Instructed to represent a Director in a European Union Match Funding Conspiracy to Defraud in excess of a million pounds. The client, along with her brother and his former Director, were accused of having conspired to commit fraud against the Home Office by preparing paperwork to demonstrate implementation of learning activities for third country nationals to assist in integrating them into the community for which the Home Office would provide grants to facilitate those activities. The client denied having conspired to commit fraud against the Home Office.

The case was significant and politically sensitive, in light of the fact that at the time that the Prosecution alleged the offences occurred, Theresa May was the Home Secretary which oversaw the financial aid that was provided. Client was the only defendant acquitted.

National Press Coverage.

Represented the first defendant in an alleged joint enterprise to flood the UK with millions of illegal cigarettes and evasion of duty and VAT in excess of one million pounds. The Crown alleged client played a leading role in the logistics and distribution of the UK arm of the criminal operation. It was alleged that the smuggled cigarettes emanated from Russia and Eastern Europe, travelling via Polish transportation. Unusually the HMRC were able to assert that this was an exceptional case as they had arrested the main players in this International Crime Ring. HMRC investigators uncovered the smuggling ring after working closely with UK Border Force and the National Crime Agency. Client was the only defendant alleged to have operated in a leading role who was acquitted post trial.

Client was a Solicitor arrested as part of an international money laundering ring who made in excess of 113 million pounds, conducting one of Britain’s largest cyber scams cold-calling bank customers. 47 million pounds was recovered. The outstanding 66 million pounds was believed to have been laundered from the UK to Dubai and Pakistan. Arrests resulted after the police mounted the most sophisticated cyber-surveillance operation to date. 750 accountants and solicitors were targeted by the ring.

Client was the only defendant to receive a suspended sentence.

International and National Press Coverage.

Client acquitted of Money Laundering in excess of £500 000. Unusually, Narita was instructed three years post charge and after four previous defence teams had fail to grasp the complex issues in the case. Deploying my understanding of Islamic Banking (Sharia compliant finance) and instructing a Forensic Accountant successfully enabled the jury to understand and identify gaps in the complex prosecution case.

Client was the Personal Assistant to Barbara Broccoli (owner of James Bond empire) and employee of EON Enterprises Limited. Client was acquitted of three counts of fraud and three counts of theft. Narita identified significant prosecution disclosure failings which damaged the integrity of the three-year investigation. Prosecution offered no evidence on day one of the trial.

National press coverage.

Secured an acquittal for client in the “Tesco Cash for Crash” Insurance fraud conspiracy. Client was one of twenty-one defendants facing trial. The Prosecution alleged that the defendants had targeted Tesco and car insurance firms by mounting faked or bogus accidents resulting in fraudulent claims. They further alleged that the defendants exaggerated their injuries in order to claim personal Injury compensation and other costs. Narita’s forensic detailed cross-examination of the prosecution medical experts was damning for the Crown’s case. All defendants were acquitted.

Defended in an eight-handed conspiracy to commit multi million pound Home Office visa fraud. The fraud emanated from hiding assets via money loops to misuse the visa application system. The case involved cross-examination of forensic accountants. Narita prevented the Crown from being permitted to allow additional counts at the outset of the trial. Successfully defended the Crown’s application to voluntary bill additional charges in the High Court. This case involved a series of public interest immunity applications.

National Press Coverage.

Instructed in what was described by the Serious Organised Crime Agency as, “The largest importation of heroin into the United Kingdom from the Indian subcontinent, Pakistan and Afghanistan”. The client was described as “an international drug smuggler of the highest order”. The street value of the drugs was in excess of 103.2 million pounds and money-laundering allegations against the client were valued at 12 million pounds. A Hawala banking defence was advanced at trial which explained the client’s financial affairs represented legitimate financial transactions. Narita worked very closely with the expert witnesses who conceded they were dealing with novel issues of banking law.

This ten defendant case involved a conspiracy to defraud the Oxfordshire Police and insurance companies. The Prosecution unusually offered no evidence against the client at the conclusion of her evidence in chief. The judge ruled that “the trial for all other co-defendants would continue. This unusual outcome was solely as a result of Miss Bahra’s dogged and skillful approach to disclosure”.

Client was the finance director of the London Philharmonic Orchestra charged with fraud in excess of 2.3 million pounds.

National Press Coverage.

Instructed to defend in a triple Murder. Narita’s client is alleged to have murdered his wife and two children before leaving the UK. Extradition proceedings resulted in the client being tried 12 years post the date of the offences. The case involves challenging numerous expert reports including; Pathologists, Cell Site, Telephonic, DNA and Fingerprint Experts. The focus of the defence centred around the developments and technologies which improved the sensitivity and informativeness of DNA testing over the last 12 years, read more here.

Secured acquittals for the outstanding defendant dubbed “The Master Mind” in three multi handed drugs conspiracies involving encrypted telephones (Encrochat).

The prosecution alleged the client was the leading figure in three separate drugs conspiracies; arranging the exportation, production and supply of Class A, B and C drugs through prestigious universities. The Crown alleged that the drugs were supplied in UK universities and flown out of the UK in private jets for young high net worth purchasers. Recent studies suggest that young people and students in affluent communities are at greater risk of substance abuse; the cause of which being the enormous pressure to achieve academically.

The co-defendants were tried in 2018 and then adjourned to 2019. Narita and Harry secured acquittals for a co-defendant (dubbed second in command) in the earlier trial. Please read more here.

The police obtained search warrants for all the client’s properties and businesses. They were unable to locate the client at the time of the original two trials. The client voluntarily attended the police station in 2020. He was arrested and charged.

The Crown sought to rely on a combination of encrypted telephones, cell site, digital media, telephone and DNA evidence to secure a conviction against the client.

After extensive preparation and representations by the defence team, the prosecution conceded the written dismissal application and agreed to Offer No Evidence against their client. Not Guilty verdicts were entered on all counts relating to the client.

The Medicines and Healthcare Regulatory Agency (‘MHRA’) brought a prosecution which they alleged had a substantial international dimension. It was alleged the client was the UK ringleader of the sophisticated operation.

The MHRA is an Executive Agency of the Department of Health responsible for the regulation and control of medicines and medical devices for on the UK market. The MHRA Enforcement Group includes a Prosecutions Unit who investigated and brought this case. The MHRA used undercover investigators and extensive covert surveillance methods in the course of their investigation. The case required challenging evidence which had not been obtained in accordance with Regulation of Investigatory Powers Act 2000 (RIPA).

The client was alleged to be one of the ringleaders running a substantial and lucrative drop shipping business, conspiring with others, to import prescription only medicines (POMs), unauthorised medicines and Class C drugs from the Indian subcontinent into the UK, for onward sale across Europe. A number of illicit online drug sales platforms were said to have been used in the conspiracy. The case involved detailed analysis of substantial amounts of digital evidence.

In one raid, the MHRA seized more than 300,000 tablets, worth in excess of £315,000. The prosecution suggested that the tablets seized represented a fraction of the overall illegal operation.

The prosecution then brought complex Proceeds of Crime Act (‘POCA’) proceedings seeking substantial sums of monies from criminal conduct and hidden assets. At a hearing this week, following protracted negotiations, the defence persuaded the prosecution to agree to an order for a significantly reduced sum. Read more here.

Narita Bahra QC successfully defended in an International £11 million money laundering trial, where the defence advanced was Hawala Banking. The defence relied upon Hawala expert evidence. It was asserted that the client had no knowledge or suspicion that money laundering was taking place and that the transactions had the appearance of genuine hawala transfers, please read here.

Narita was instructed to defend an employee of Royal Mail Revenue Protection Department who was alleged to have assisted a Company to defraud the Royal Mail of approximately £33 million pounds of revenue fraud and of attempting to pervert the course of justice.

The prosecution relied in the main upon a witness, the owner and controlling mind of the Company which had perpetrated the fraud, who gave Queen’s Evidence to seek to secure convictions against four Royal Mail employees.

Private prosecutions are an extremely valuable power for Royal Mail, who have confirmed their intention to crack down and pursue offenders via Private prosecutions instead of traditional reliance on the Crown Prosecution Service.

Private prosecutions can be commenced by any private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority.

The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985. There are, however, some limitations:

• The Director of Public Prosecutions (DPP) has power under section 6(2) POA 1985 to take over private prosecutions;

• In some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings. \

Defending in a private prosecution requires knowledge, at the outset, of what features of a private prosecution a client may be able to challenge,

• Sufficiency of evidence

• Public Interest

• Motives of the Private Prosecutor

• Conduct of the Private Prosecutor

• Disclosure Process

It is only if the prosecuting legal team has acted with the required professionalism and independence that the private prosecution proceeds to trial. The Crown sought to rely on a combination of CCTV footage, cell site, digital media and telephone evidence to secure a conviction against the client.

At trial, at the close of the prosecution case, Narita and Tom succeeded in persuading the Prosecution and the Judge that there was no case to answer against their client on the charges faced; not guilty verdicts were therefore received from the Jury.

Narita was instructed to defend a complex and unusual joint HMRC and Police investigation in which it was alleged that tax evasion emanated from mobile phone theft through companies. This involved consideration of a vast amount of evidence and complex issues of taxation law as well as the Crown Court’s jurisdiction to interfere with and decide matters that ordinarily fall solely to be determined by the First-tier Tribunal (Tax Chamber).

Narita was successful in challenging the prosecution’s dogged approach which emanated from growing pressure to probe that the HMRC and Police had workable strategies in place to stamp out evasion.

The Prosecution alleged the client had masterminded fraud, theft and tax evasion by taking advantage of lacuna in the Value Added Tax Act 1994. Narita’s team worked together to assimiliate and consolidate complex taxation issues of relevance to the client’s defence so that they could be followed by a lay jury.

The client was a businessman, charged alongside ten co-defendants with being knowingly involved in a conspiracy to evade excise duty on diesel fuel on a large national scale. The HMRC investigation of these allegations spanned over four years. Laundering involved red diesel, meant for use by agricultural and other off-road vehicles.

The prosecution alleged that red diesel was stolen in huge quantities and then a variety of methods were deployed to launder, eradicate the red dye and other chemical markers. The removal of the colour results in it looking to the untrained eye as regular diesel. It was alleged that it was sold on businesses who were willing to turn a blind eye. Plants were uncovered in mainland Britain and officials had intercepted illegal shipments.

The case collapsed due to disclosure failings.

Extensive national media attention. Interviewed by Radio 4 & BBC News.