Rebecca Chalkley

 

The majority of her practice has involved prosecuting serious organised crime, including national and international multi-handed large-scale frauds, drugs trafficking and money laundering offences.

 

Recently using the skill set she has gained from years of prosecuting complex and difficult cases she has expanded her practice to include Public Inquiries and Regulatory and professional disciplinary cases. She has recently been instructed by HMRC in the Judicial Review proceedings arising out of the Azelle Rodney Inquiry (see below).

 

Her regulatory and disciplinary work includes the successful prosecution of the “fraudsters’ bank” UMBS Online Ltd for a series of regulatory offences. The bank was fined £2 million and ordered to pay an immediate confiscation order of £6 million.

 

UMBS has featured and continues to feature in a large number of VAT Tribunal cases as well as a large number of current and past prosecutions, both police and HMRC, for various frauds (including VAT and Excise) and money laundering offences.

 

She has recently been instructed by the Accountancy & Actuarial Discipline Board (AADB) in one of their investigations under their Accountancy Scheme. However due to the sensitivity surrounding this matter further details cannot, at this stage, be included on this website.

 

She is currently instructed in the Azelle Rodney Public Inquiry. This is a public inquiry into the death of a man shot by the Metropolitan Police in 2005. She is instructed by HMRC who were the intelligence provider.

 

For a number of years she has been instructed to prosecute some of RCPO’s and now the Central Fraud Group and Organised Crime Group of the CPS’s largest and most complex cases, investigated by agencies including HMRC, SOCA and the UKBA. For her call the quality and consistency of the cases that she is instructed in is unusual and impressive.

 

She has current and up to date Security Clearance (SC).

 

Her fraud experience includes VAT frauds (including MTIC/Carousel), alcohol diversion frauds, direct tax frauds, immigration frauds, offences under the Fraud Act 2006, Hawalha banking and welfare benefit frauds.

She is currently drafting the CPS Prosecutors’ Guidance Notes on the prosecution of various types of fraud.

In many of her cases her involvement has begun pre charge. As a consequence she has been involved in advising and dealing with all aspects of the investigation and prosecution from advising on charge, obtaining of evidence from both here and abroad, obtaining domestic and European/International arrests warrants, extradition, abuse of process arguments, the conduct of trial, dealing with expert witnesses, particularly forensic accountants, any subsequent appeals and in some cases retrials. Most cases that she has prosecuted have required consideration and achievement of confiscation.

 

She has also gained experience in relation to the seizure of sums of money under POCA legislation. She has been and is currently instructed by the Proceeds of Crime Unit (POCU) of the CPS.

 

Her expertise on disclosure issues is widely recognised and not only does she lecture on the subject to lawyers and law enforcement officers she is now often instructed in multi-handed cases as either sole disclosure counsel or as lead disclosure counsel with a junior.

 

The vast majority of the cases that she has prosecuted have involved thousands of pages of unused material. She has therefore developed the capacity to review, analyse, organise and in some cases schedule or devise systems to manage large amounts of material. Further she excels at effective case management and working as part of a team.

 

She has extensive experience of Part 1 RIPA material and the use of undercover officers and informant involvement both in this jurisdiction and abroad (notably Spain, Dubai and South America). She is alert to the competing issues in relation to QE witnesses. She is thoroughly familiar with all aspects public interest immunity (Pii).

 

Many of the cases that she has prosecuted have involved working with accountants and computer experts to create reconstructions and understanding of commercial trading history of companies to identify and demonstrate concealed fraudulent transactions and activities. She has gained an understanding of complex bank movements and off shore transactions, trusts and other financial vehicles. A number of cases that she is currently instructed in feature the use of the First Curacao International Bank (FCIB) material. She is used to working with business accounting records. She welcomes instructions in any case of financial and / or factual complexity.

 

The majority of the cases that she has prosecuted have involved international (Colombia, Taiwan, Turkey, Brazil, Spain, Iran, Dubai, Holland and Ghana amongst others) and cross-jurisdictional issues. Consequently she is very familiar with the Mutual Legal Assistance process, drafting Letters of Request and other cross-jurisdictional issues.

 

Many of the prosecutions have involved examination and cross examination through an interpreter. She is also familiar with Electronic Presentation (EPE).

 

Whilst she has been led in many of the cases in which she has been instructed, she has shared the responsibility of witness examination and the presentation of arguments and applications with those who have led her.

 

In 2005 - 2006, she was instructed as sole counsel to prosecute two individuals in relation to the importation of 40 kilos of cocaine (Operation Gallipoli), more recently she was instructed alone to prosecute two individuals charged with offences involving a sham marriage and Facilitation and Deception under the Immigration Act.

 

In 2011 she was instructed alone to prosecute a defendant charged with the importation of 30 kilos of cocaine. This case was investigated by the Serious Organised Crime Agency.

 

As well as being led she has also lead Hannah Willcocks in Operation Ghast (see below).

 

She is fully conversant with the working practices of, and has frequently engaged with, various government agencies. This includes recent instruction by the Central Fraud Group (CFG), Organised Crime Group (OCG) and Proceeds of Crime Unit (POCU) of the CPS, the Department of Work & Pensions (DWP), HMRC Solicitors Office and the SOCA legal department. She has previously had experience of advising the Treasury Solicitor’s Office.

 

Until recently the majority of these agencies have not operated the VHCC regime they have and some still do operate a scheme akin to that system. As such she has much experience of the advanced authorisation and allocation of hours to specific tasks and the need to provide particularised work logs on a monthly basis. She fully understands the requirements of case management.

 

Through her prosecution of many of the above she has gained experience of proceedings in the Bankruptcy Court and the VAT Tribunal.

 

Her Master’s and undergraduate degree have also given her some insight into matters relating to fitness to plead, mental health and a defendant’s fitness to be tried. She is comfortable dealing with psychiatric issues and psychiatric reports.

 

She has also acted as legal advisor to the BBC for the television series Judge John Deed.

 

Below are a selection of some of the more relevant cases:

Operation Continuant 2 (2011-ongoing) (SOCA).  This is the multi-handed prosecution of a number of individuals regarding the set up and running of large-scale cannabis factories. She is instructed by the Organised Crime Group (OCG) of the CPS as junior prosecuting counsel. She is being led by Brendan Morris. This case is being investigated by the Serious Organised Crime Agency (SOCA).

Azelle Rodney Inquiry (2011-ongoing). This is a public inquiry into the death of a man shot by the Metropolitan Police in 2005. She is instructed by HMRC who were the intelligence provider. She is being led by Shane Collery. She has recently represented HMRC in the resultant Judicial Review proceedings.

Operation Vaulter- (2009-ongoing) (HMRC). This is a multi-handed (19 defendants) MTIC and money laundering prosecution.  She is instructed by the Central Fraud Group of the CPS as sole disclosure counsel. This case is being investigated by HMRC.

Operation Devout Confiscation- (2008 - ongoing) (HMRC). She is currently instructed as disclosure counsel by the Proceeds of Crime Unit (POCU) of the CPS in the resulting multi-million pound, multi-jurisdictional confiscation proceedings involving the movement of money through trusts and bank accounts in Jersey, the British Virgin Islands, Liechtenstein, Dubai and Switzerland. This included the recent case of R v Ahmad & Ahmed [2012] EWCA Crim 391.

Operation Ghast- (2008 – 2012) (HMRC). This was a multi-handed MTIC and money laundering prosecution.  She was instructed by the Central Fraud Group of the CPS as lead disclosure counsel. She was led by John Black QC and Shane Collery and led Hannah Willcocks. This case was investigated by HMRC.

Operation Continuant (R v David Kelly) (SOCA). This was the prosecution of an individual for the importation of 30 kilos of cocaine. She was instructed on her own as prosecution counsel by the Organised Crime Group (OCG) of the CPS. The case was investigated by SOCA.

Operation Galling 3- (2011) (SOCA). This was the prosecution of two individuals for a series of money laundering offences and perverting the course of justice. She was instructed as prosecuting junior counsel, by the Organised Crime Group of the CPS. She was led by Carey Johnston QC.

Operation Tangelo 1- (2008 – 2011) (HMRC). This was the prosecution of the financial institution UMBS Online Ltd. The bank was prosecuted for various money laundering offences and for fraudulent trading under the Fraud Act 2006.It was one of the first major prosecutions under the Fraud Act. As well as for the above offences the bank was also prosecuted for a series of Regulatory offences. Upon conviction the sentencing judge described UMBS as a ‘fraudsters’ bank. It was fined £2 million pounds and ordered to pay an immediate confiscation order of £6 million. She was instructed by the Central Fraud Group of the CPS as prosecuting junior counsel. This case was investigated by HMRC.

Operation Onset- (2007 - 2011) (HMRC). This was a multi-handed VAT fraud prosecution. The VAT liability attributed to the 6 defendants was approaching £150m. She was instructed by the Central Fraud Group of the CPS as prosecuting junior counsel. The case was investigated by HMRC. This case was successfully defended at the Court of Appeal: R v Chaudhery [2012] EWCA Crim 12

Operation Tangelo 2- (2008 – 2010) (HMRC). This was a multi-handed prosecution of defendants accused of cheating the Revenue of millions of pounds of Excise Duty (alcohol diversion) and VAT. She was instructed by the former RCPO, now CPS as prosecuting junior counsel. This case was investigated by HMRC.

 

Operation Falballa- (2008 – 2010) (HMRC). This was the prosecution of a multi-handed, organised and complex Child Tax Credit and Working Tax Credit fraud. She was instructed by the former RCPO, now CPS as disclosure counsel. She was led in that case by Sir Derek Spencer QC. The case was investigated by HMRC.

Operation Devout- (2006 - 2010) (HMRC). This was the prosecution of 25 defendants for their involvement in a £37.5 million VAT carousel fraud and the related money laundering. She was instructed by the then RCPO, now CPS as disclosure counsel. She was led in this case by Sir Derek Spencer QC. This case was investigated by HMRC.

R v Rosemary Williams and others- (2009) (HMRC & UK Border Agency (UKBA). This was the prosecution of two individuals for their respective roles in a sham marriage. The defendants were prosecuted in relation to the fraudulent obtaining of benefits and for Facilitation and Deception under the Immigration Act. She was instructed as sole prosecuting counsel by the then RCPO, now CPS. The case was jointly investigated by the UKBA and HMRC.

Operation Echogramme- (2009) (HMRC). This was a multi-handed money laundering prosecution. It involved the laundering of the proceeds of MTIC fraud through property. This prosecution followed a lengthy Abuse of Process argument in which the defence were relying upon the doctrine of res judicata andalleging a manipulation of the process by the Prosecution in relation to the contrasting regimes of the Proceeds of Crime Act (POCA) 2002 and the Criminal Justice Act (CJA) 1988. She was instructed by the then RCPO, now CPS as disclosure counsel. This case was investigated by HMRC.

Independent counsel (2008) (Police) in relation to legally privileged material. She was instructed by the then FPS now the CPS. She carried out a detailed review of material uplifted from a solicitor’s office as part of a large and complex fraud.

Operation Brushfield- (2008 - 2009) (SOCA). This was a multi-handed prosecution in relation to the importation of approximately 250 kilos of Turkish heroin. This prosecution featured a large amount of probe material. The audio was translated from Turkish into English. Large amounts of cash were also seized under the Proceeds of Crime Act. She was instructed by the then RCPO, now CPS as disclosure counsel.

Operation Abruption- (2008 - 2009) (SOCA). This was a multi-handed Iranian money laundering case. This case involved the system of a form of Hawala Banking or Credit Swap arrangements. She was instructed in this case by the then RCPO, now CPS as disclosure counsel. The case was investigated by SOCA.

2008-2009 Safe Solutions (HMRC). This was a multi-handed, multi-million pound Corporation Tax fraud prosecution involving the manipulation of the IR 35 regulations. She was instructed by the then RCPO, now CPS as the prosecution junior counsel. In addition to the prosecution there were lengthy restraint proceedings (RCPO v. Hill and others [2005] EWCA Crim 3271). She dealt with the majority of the hearings relating to disclosure, abuse of process and one of the defendant’s fitness to be tried, on her own against Queen’s Counsel. This case featured the movement of money offshore through various elaborate and complicated trusts and she gained significant experience in relation to such financial vehicles. In this case she advised in relation to the protection given by s.433 of the Insolvency Act 1986. This case was investigated by HMRC.

Operation Lampro- (2007- 2009) (SOCA). She was instructed as junior prosecuting counsel prosecuting two individuals for their involvement in a cocaine factory. The prosecution centred around the seizure of half a tonne of Phenacetin, a cutting agent used to cut cocaine, and its use in a conspiracy to supply cocaine. A vast amount of probe material featured in this case. She was responsible for reviewing and analysing the resulting 90 days worth of probe material. The audio was translated from Dominican Spanish to English. She edited and selected excerpts of the material and condensed it into a schedule that went before the jury. She was instructed by the then RCPO, now CPS. The case was investigated by SOCA.

Project Galloway from 2003 to 2007 (HMCE & HMRC). Junior disclosure counsel, led by Shane Collery, overseeing the disclosure exercise in an operation targeting Class A drug importations. Over 100 seizures and some 300 targets. The seizures in the UK amounted to approx 6 ½ tonnes of Class A drugs with more seized abroad. In addition to the seizure of various class A drugs; there were a large number of POCA seizures under the umbrella of this operation. This was the most successful operation of its type, both in regards to the quantity of drugs removed from the streets and the fact that it was of very significant pecuniary advantage. It was Customs intelligence led, but a substantial number of the cases were investigated and prosecuted by the Police (in part because of links to firearms). This was a formative insight in how to manage such operations from arrest to trial from both a law enforcement and a prosecution basis. She created systems to manage the disclosure process and ensure Prosecuting Counsel (instructed by both the CEPO/RCPO and the CPS) were sufficiently instructed and supported. She also prosecuted a number of the Customs cases generated.

 

Operation Gallipoli- (2005) (HMRC). Sole prosecuting counsel in the prosecution of two defendants (one Dutch and one Colombian national) for the importation of 40 kilos of cocaine into the UK. Whilst investigating this case, a large amount of child pornographic material was discovered on one of the defendant’s computers. She advised as to classification of the material and the appropriate charges. A successful stand-alone prosecution resulted. She was instructed by the then RCPO now CPS. This was an HMRC investigation.

 

Operation Kohima- (2005) (HMRC). Junior prosecuting counsel in the prosecution of seven Colombians for money laundering offences. She successfully conducted the resulting confiscation proceedings. She was led in this case by Shane Collery. She was instructed by the then RCPO now CPS. This was an HMRC investigation.

Operation Riga- (2005) (HMRC). Junior prosecuting counsel in the prosecution of a six-handed Colombian cocaine case involving the importation of 108 kilos of cocaine. In this case £90,000, found in the defendant’s duvet, was sized under POCA. She successfully conducted the resulting confiscation proceedings. She was led in this case by Shane Collery. She was instructed by the then RCPO now CPS. This was an HMRC investigation.

 

Operation Fontenoy- (2004 - 2006) (HMRC). Junior prosecuting counsel in the prosecution of a nine-handed Colombian cocaine case involving the importation of cocaine, and the onward processing of it in a cocaine factory. These convictions were successfully upheld at the Court of Appeal. The grounds related to the conduct of defence counsel and enquiries made of jurors post conviction. R v Zamora-Abello (Luis Fernando) (2006.)  She conducted the consequent confiscation proceedings in this case. She was led in this case by Gerard Pounder. She was instructed by the then RCPO now CPS. This was an HMRC investigation.

 

Operation Dieppe- (2003 - 2006) (HMRC). Junior prosecuting counsel in the prosecution of two Spaniards and three Colombians for the importation of 45 kilos of cocaine into the UK. The defendants were convicted following two trials and a lengthy abuse of process argument that was successfully resisted. The defence argued that there had been “a systemic failure” in the disclosure process. She conducted the consequent confiscation proceedings in this case. She was led in this case by Gerard Pounder. She was instructed by the then RCPO now CPS. This was an HMRC investigation.

 

Operation Ypres- (2003-2005) (HMRC). Junior prosecuting counsel in the prosecution of a long running multi-handed conspiracy to import 700 kilos of cocaine into the UK in consignments of cashew nuts. This case involved various cross-jurisdictional issues. She was involved in advising the Treasury Solicitors Office in consequence of an allegation that Operation Ypres should be stayed as a result of an alleged lack of care of one of the defendants by HM Prison Service whilst he was on remand. There were complications as a result of the defence medical expert being the Prison Service appointed psychiatrist. She was led in this case by Shane Collery. Instructed by the then RCPO now CPS. This was an HMRC investigation.

 

Operation Chalons- (2003-2004) (HMRC). Junior prosecuting counsel in the prosecution of two defendants (one UK national and one Colombian) for the importation of 45 kilos of cocaine. She was instructed by the then RCPO now CPS. This was an HMRC investigation.

Operation Shatter- (2003-2004) (HMRC). Junior prosecuting counsel in the prosecution of two defendants (one Colombian and one Spaniard) for the importation of 100 kilos of cocaine into the UK in tins of onions. This involved the calling of a QE witness. She was led by Jane Bewsey QC and instructed by the then RCPO now CPS. This was an HMRC investigation.

 

Rebecca has lectured to the former Revenue and Customs Prosecutions Office (RCPO), other AG’s List counsel, officers of HM Revenue & Customs, the Police and SOCA, mainly on matters involving disclosure and the handling of sensitive material. Examples of this include:

 

 

Contributed to the General Council of the Bar & Criminal Bar Association response to the Review by Lord Justice Auld of the Criminal Courts.

 

 

Some conversational French