Ian Whitehurst

Call 1994

whitehurst@exchangechambers.co.uk

"He thinks outside the box, is tenacious in court, very experienced and has a good breadth of knowledge of serious white-collar crime."

Chambers and Partners 2019
Photo of Ian Whitehurst

Commercial Fraud

Ian has extensive experience in all matters relating to commercial fraud and other financial misconduct in particular MTIC Vat Fraud, Direct and Indirect Tax Fraud, Money Laundering and False Accounting.

He also has a detailed knowledge of all aspects of confiscation law, civil asset recovery and asset tracing and has advised individuals, companies and prosecuting authorities (the Police, the CPS, SFO and BIS) in this area as well as lecturing in the U.K. and off shore as well as writing articles in this field.

From a regulatory perspective, Ian is experienced in advising companies and individuals on issues of compliance, money laundering regulations and fiduciary duties of directors and the consequences arising for directors through disqualification.

Linked to his extensive data protection practice (Civil, Regulatory & Crime), Ian is presently instructed in several substantial push payment fraud cases and advising on SIM Swap fraud cases for a leading national firm

Ian has been ranked as a Leading Junior for several years in Chambers & Partners for his Criminal Commercial Fraud work and is rapidly increasing his cyber civil fraud practice.

Commercial Fraud Cases

Cases of Note:

Cyber Fraud

  • Re F – representing a Claimant who lost in excess of a £100,000 after her solicitors IT systems were hacked and the monies transferred overseas
  • Re D – representing a Claimant who lost thousands of pounds after she was the victim of a “push payment fraud”. Litigation is due to commence against the Claimant’s bank and the recipient bank for their failings in preventing the fraud and the dissipation of her assets.
  • Re X – advising a law firm who had been the victim of a cyber attack and the consequences that flowed from it concerning the firm’s regulatory obligations and the impact on their insurance coverage.

Commercial Fraud

  • R v JA – instructed to defend in regulatory prosecution relating to the sale of communication devices pre programmed to circumvent copyright law.
  • R v HP – instructed as Leading Junior Counsel to represent a defendant involved in a £33 million MTIC fraud.
  • R v MM – instructed as Junior Counsel to represent a defendant accused of involvement in an £8 million indirect tax fraud.
  • R v AM – instructed to represent a company and its director accused of false accounting arising from a trading standards investigation into the misuse of a government backed energy saving scheme.
  • R v ML – instructed to represent a defendant accused of large scale conspiracy to defraud car finance companies.

Financial Regulation

  • Re CO – instructed to represent a financial professional in relation to a historical investigation conducted by the Financial Ombudsman concerning allegations of pension mis-selling.
  • Re X – instructed to advise several off shore based financial professionals in relation to money laundering compliance issues and the impact upon their business of provisions in the Criminal Finances Act.
  • Re Z – instructed to advise a company and its directors in relation to ongoing tax investigation and compliance issues relating to allegations surrounding them of overseas investment fraud.