Financial Crime and Confiscation
Ian Whitehurst is a leading junior barrister with over 30 years’ experience in financial crime, confiscation, asset recovery, and regulatory investigations. Ranked in both Chambers and Partners and The Legal 500, Ian is regularly instructed in the most complex and high-value cases involving tax fraud, money laundering, company fraud, and regulatory breaches.
He acts as sole, led, or leading counsel in trials, appellate proceedings, and enforcement litigation. His practice encompasses advising corporates, professionals, and prosecuting authorities on tax investigations, HMRC litigation, private prosecutions, and the strategic deployment of confiscation or restraint proceedings. He is also regularly instructed to advise on matters involving cyber-fraud, offshore trusts, search warrants, and privilege.
Recent Work Highlights
- Advising a former solicitor in a multi-million pound overseas property fraud – pre-charge strategy and privilege challenges.
- Successfully prosecuted as sole counsel a £23 million BitCoin multi-handed confiscation case
- Leading Counsel in a £100m+ money laundering prosecution involving Middle Eastern criminal networks.
- Advising company in connection with a private prosecution against a subcontractor for internal fraud.
- Successfully opposing a HMRC production order in respect of a prominent corporate group.
- Counsel in a confiscation appeal reducing a £3m order to £30,000 – R v N.
- Lead prosecutor in a £1m fraud by a managing director of an agro-industrial company.
- Advising on restraint, cybercrime and production orders in pension regulatory investigations.
- Advising on internal investigations into professional misconduct and regulatory breach.
Areas of Expertise
- MTIC and VAT carousel fraud
- Money laundering and asset tracing
- Confiscation, restraint and civil recovery (POCA)
- Search warrants and production orders
- Private prosecutions (financial and corporate misconduct)
- Director disqualification and fiduciary breach
- Tax tribunal litigation and HMRC advisory work
- Financial services regulation and cyber fraud
Financial Crime Cases
Notable Cases:
- R v HP – Leading Junior in a £33 million MTIC fraud.
- R v WG – Defence in £250m investment fraud and confiscation proceedings (Imperial Consolidated).
- R v RF – Vantis tax avoidance case – sole counsel in restraint, confiscation, civil proceedings, and appeal.
- R v P – £35m MTIC fraud – leading counsel in confiscation case involving third party property interests.
- R v F – Confiscation and restraint proceedings as sole counsel against QC following conviction for tax avoidance scheme.
- R v K – Discharge of a restraint order in a major plant equipment fraud.
- Re X – Advising offshore professionals on AML compliance and Criminal Finances Act obligations.
Appeals and Strategic Advisory
- R v S [2019] EWCA Crim 569 – Successfully appealed revised confiscation order; PII and in camera evidence.
- R v M – Discharged pre-charge restraint in social media lottery investigation.
- R v Axworthy – Leading case on proportionality in confiscation – [2012] EWCA Crim 2889.
- Re Company – Challenge to financial penalties before First Tier and Upper Tribunal (ICO matter).
- Re Offshore Matter – Judicial review proceedings concerning corruption and cross-border seizure.
Confiscation Law
Recent Cases:
- R v S – instructed by the defence to oppose the application by the prosecution to revisit a historical confiscation order. Case involved issues of Public Interest Immunity and the cross examination of police officers ‘in camera’. Case reported at R v S [2019] EWCA Crim 569, [2019] All ER (D) 44 (Apr).
- R v Z – instructed to represent the interests of a third party asserting their rights in a parcel of land owned by an off shore trust based in the Caribbean.
- R v X – instructed as new counsel to conduct confiscation proceedings in the Crown Court and in the Court of Appeal. Successfully reduced a criminal benefit figure from in excess of £3 million to just in excess of £30,000. After losing the initial hearing, the confiscation order was successfully quashed on appeal and at the new hearing the prosecution conceded the argument.
- R v D – instructed as new counsel to conduct confiscation proceedings concerning a £2 million VAT fraud and Fraudulent Trading case involving allegations involving a substantial amount of hidden assets in excess of £300,000.
- R v M – instructed to discharge a pre charge restraint order imposed against several defendants allegedly involved in an illegal lottery being operated via social media.
- R v K – instructed to discharge a restraint order levelled against a defendant facing allegations of a large scale and wide ranging plant equipment fraud.
- R v K – instructed as new counsel to represent a former VAT inspector convicted of a £750,000 VAT fraud.
Previous Cases of Note:
- R v F – instructed to represent as sole counsel [against Queen’s Counsel] a tax consultant convicted of being the architect of a tax avoidance scheme. Dealt with the restraint, confiscation and related civil proceedings in the Crown Court, High Court and Court of Appeal.
- R v A – instructed as Led Junior to represent a chartered accountant in his confiscation proceedings following his conviction for a £150 million Ponzi scheme.
- R v P – instructed as Leading Counsel to represent a defendant in a £35 million MTIC Fraud and the resulting confiscation proceedings involving issues of third party interests in relation to numerous properties,
- R v M – instructed as sole counsel to represent a defendant accused of an £8 million direct and indirect tax fraud arising from the CIS construction scheme.
- R v S – instructed as new counsel to represent a defendant accused of having £2.5 million in hidden assets based in the UAE.
- R v Axworthy – one of the first reported cases on the issue of proportionality in confiscation cases. Case reported at [2012] EWCA Crim 2889
Criminal and Regulatory Appeals
Cases of note:
- R v S – instructed as sole junior counsel to conduct an appeal against the imposition of a revised confiscation order which involved issues surrounding Public Interest Immunity (PII) due to the importance of the case it is a reported decision and can be found at R v S [2019] EWCA Crim 569, [2019] All ER (D) 44 (Apr).
- Re X – instructed as Led Junior Counsel to advise upon case stated and judicial review proceedings in an off shore jurisdiction involving allegations of governmental corruption.
- Re a company – instructed to represent a company in the First Tier Tribunal and Upper Tribunal of the Regulatory Chamber concerning a challenge towards the level of financial penalty imposed by the Information Commissioner.
- R v N – instructed as sole junior counsel to conduct an appeal against the imposition of a confiscation order. The appeal was successful and the original order sought by the Prosecution of £3 million was eventually reduced to £31,500.
- R v N – instructed as sole junior counsel to conduct an appeal against conviction in relation to a large scale fraud based on the failings of the appellant’s solicitors at trial to prepare his case effectively and thoroughly due to a conflict of interest which only became known to the appellant post his conviction.