Nick Barnard
Nick has been a solicitor at Corker Binning specialising in crime and regulatory defence since 2014. He routinely advises and represents individual and corporate clients in a range of financial, tax and business crime and regulatory matters, including investigations by the SFO, the NCA, the FCA and the FRC. He also has expertise in general crime matters and police station advice on offences ranging from murder, rape and grievous bodily harm to VAT fraud, drink-driving, possession of indecent images and misconduct in public office.
Career highlights include:
- Advising a client involved UK FCA and US Department of Justice investigations, and subsequent UK–US extradition proceedings, arising out of loans worth $2bn made by European banks and guaranteed by the Government of Mozambique.
- Representing a client prosecuted for conspiracy to defraud arising from participation in allegedly fraudulent tax avoidance schemes. All charges were subsequently dismissed or discontinued and the client received a six-figure costs award.
- Advising a professional interviewed under caution by the SFO concerning alleged false accounting and failure to report knowledge or suspicion of money laundering, and representing the same client in subsequent FRC regulatory proceedings.
- Advising multiple clients interviewed under caution by the SFO in relation in relation of alleged LIBOR manipulation, corrupt payments to foreign officials, false accounting and conspiracy to defraud.
- Advising clients subject to the Proceeds of Crime Act 2002, including Restraint Orders, Accounting Freezing Orders and Moratorium Applications.
- Representing clients in FCA investigations into fitness and propriety, unauthorised regulated activity and breach of Money Laundering Regulations.
- Advising on potential liability of companies and directors in respect of corporate manslaughter, gross negligence manslaughter and health and safety offences.
Practice Area
Panel
- Q&A Panel
Qualified Year
- 2014
Membership
- Young Fraud Lawyers Association
- Health & Safety Lawyers Association
- Justice
Qualifications
- 2011 LLB/LPC
- 2010 GDL
- 2006 English BA (Hons)
Education
- 2009–2011 College of Law
- 2003–2006 University College London
2 Contributions by Nick Barnard
PRACTICE NOTES
HMRC Code of Practice 9 (COP9): the Contractual Disclosure Facility for deliberate tax fraud—scope, procedure, disclosure, settlement and criminal risk (UK)
Civil investigation of tax fraud
HMRC’s stated approach to tax fraud is to favour civil procedures rather than criminal ones wherever appropriate, and where a civil route is suitable it will be pursued. Pursuing criminal enquiries and prosecutions is costly and, as a result, runs counter to HMRC’s revenue‑raising function. Accordingly, criminal action is reserved for instances where it will operate as an effective deterrent or where there are aggravating features, such as involvement in an organised plan. As an alternative to a criminal investigation, where deliberate behaviour has brought about a loss of tax, HMRC may employ its civil investigation of fraud process as set out within Code of Practice 9 (COP9). COP9 operates through the Contractual Disclosure Facility (CDF), which gives the recipient the opportunity to make a full disclosure of their conduct, with HMRC agreeing not to commence a criminal investigation or pursue a prosecution in relation to the conduct disclosed. The COP9 procedure is available where HMRC have reasonable grounds to suspect tax fraud, or where an individual voluntarily admits tax fraud. A defaulting taxpayer is required to provide full disclosure and to repay any tax and interest incurred over the preceding 20 years, together with a financial penalty imposed...
Corporate Crime
PRACTICE NOTES
POCA 2002 s 328 arrangement offence: elements, mens rea, territorial scope, defences, exemptions, sentencing, confiscation and ECCTA 2023 corporate liability
This Practice Note addresses the arrangement offence in section 328 of the Proceeds of Crime Act 2002 (POCA 2002), one of the principal money laundering offences under that statute; see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For material on the other principal money laundering offences, consult Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing and Money laundering offences—acquisition, use and possession.
The arrangement offence under POCA 2002, s 328
The offence is committed where a person enters into, or is otherwise concerned in, an arrangement which they know or suspect will facilitate (by any means) the acquisition, retention, use or control of criminal property by, or on behalf of, another. For fuller guidance on the meaning of criminal property and criminal conduct, see Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—What is criminal property? The prosecution must establish that the arrangement in question is one which the defendant knew or suspected ‘facilitates’ acquisition by or on behalf of another person...
Corporate Crime
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