Allison Clare

ChambersUK 2012 recommend Allison in fraud work, describing her as an “accomplished senior junior….cerebral yet user friendly…great at translating complex facts into digestible plain English”.

Legal 500 2012 also recommend Allison in fraud and as able “to reduce the complex to easily understood propositions of fact or law”

ChambersUK 2011 recommended Allison as a fraud advocate and for “her commitment to producing work of the highest standard”.

Practice

Allison conducts a wide range of criminal cases but her practice is now primarily focused on complex fraud work and confiscation. Her fraud work encompasses FSMA and other markets based offences. Allison also has experience of Judicial Review and other civil proceedings arising in connection with large fraud investigations.

She has been appointed to the Serious Fraud Office Panel of Advocates (List A) and is a Grade 4 Advocate (the highest rank) for the Crown Prosecution Service.

 

Allison is the author of the chapter on theft and false accounting in “Fraud: Criminal Law and Procedure” (Oxford University Press, 2008)and co-author, with Mrs Justice Dobbs, of various chapters in “Fraud: Law, Practice and Procedure” (LexisNexis/Butterworths, 2005).

 

Allison is currently instructed by the Financial Services Authority, Serious Fraud Office, Treasury Solicitor’s Department and CPS Fraud Prosecution Division.  She has also defended in a number of complex fraud matters.

 

Allison has been instructed to advise the Serious Fraud Office team conducting a criminal investigation relating to the collapse of the Kaupthing Banking Group.

Allison also has considerable expertise in confiscation proceedings. She recently obtained as leading counsel a £20million order on behalf of the SFO in complex and protracted confiscation proceedings involving issues of piercing the corporate veil, sham trusts, bankruptcy, related civil proceedings and hidden assets.

 

She is an expert on the law and practice involved in calling co-operating witnesses from the United States in criminal trials in the UK, as a result of her work as junior counsel in the recent SFO case of Rastogi (see below).

 

Illustrative Cases

 

Allison has also been instructed in the related judicial review proceedings by the Treasury Solicitor’s Department.

R v Cryne & Others (ongoing)

First junior counsel for the FSA in the prosecution of four former directors of iSOFT Group plc for conspiring to make misleading statements contrary to section 397 of FSMA. This case involves allegations of improper revenue and cash recognition, materially misleading accounts, deception of company auditors and subsequent share sales. Due for trial in 2012.

 

R v Rastogi & Others (concluded 2010)

First junior counsel for the SFO in this billion pound, worldwide metal trading fraud. This 8-month trial involved consideration of the US plea bargaining system and the admissibility of evidence given by such co-operators in a UK trial. Allison was heavily involved in formulating the legal argument on this point. Leave currently sought from the Court of Appeal on this issue by the convicted defendants. Allison’s work on the case also involved examination-in-chief of numerous witnesses, work with forensic accountants, consideration of connected civil proceedings, formulating the indictment and drafting sections of the case statement (including those dealing with financial matters). Allison also oversaw the huge disclosure exercise in this case.

 

Since the convictions Allison conducted the subsequent confiscation proceedings as now leading junior counsel (see above). The proceedings resulted in a £20million pound confiscation order against the first defendant.

 

Kent Pharmaceuticals (R v O'Neill & ors / Operation Holbein) 

Defended as first junior counsel for one of the pharmaceutical company directors in this cartel-based fraud prosecution by the SFO. The Court of Appeal in December 2008 upheld the trial judge's decision to quash the (redrafted) indictment, in light of the House of Lords rulings in R v GG plc [2008] UKHL 17 and Norris v. Government of the USA & Others [2008] UKHL 16.

 

Acting for the Serious Fraud Office as leading junior in confiscation proceedings arising out of the multi-million pound Imperial Consolidated Group Investment fraud.

 

Acting for the CPS Fraud Prosecution Division in this Fraud Act abuse of position prosecution in respect of a local authority employee accused of fraudulently obtaining in excess of £2million through public authority energy contracts

 

Acting for CPS Special Casework in respect of perverting the course of justice and money laundering charges. The case centred on the concealment of assets during earlier confiscation proceedings.

R v Smith (ongoing)

Junior counsel in prosecution for murder in allegation of non-accidental head injury to infant. In particular dealing with disclosure issues arising in connection with General Medical Council complaints.

 

Allison acted for Fraud Prosecution Service in respect of contempt proceedings for breach of a restraint order imposed in respect of an ongoing investigation into a large international investment fraud.

 

R v Sanderson (2009)

Leading counsel prosecuting this historic mortgage fraud on behalf of the SFO. Case involves consideration of European arrest warrant provisions and solicitors accounts rules.

 

Prosecuted allegations of conspiracy to steal and money laundering for CPS special casework as second junior. The case involved insiders at a well known bank together with allegations against a solicitor and an accountant. The trial dealt with a large number of issues ranging from the admissibility of banking evidence obtained from the Swiss authorities to cell site evidence. Allison examined many prosecution witnesses and cross-examined two of the four defendants who gave evidence.

 

Following the convictions of certain defendants she had sole conduct of the resulting confiscation proceedings.

 

Defending as first junior in this asset stripping fraud (prosecuted by the SFO). Allison drafted and successfully argued points concerning compulsory questioning and obtaining of documents under the insolvency provisions. Allison also conducted alone the resulting confiscation proceedings which involved issues of third party interests and family proceedings.

 

Instructed by the Inquiry to conduct investigations, interviews and oral examinations of those responsible for regulating Equitable Life. This work involved mastering complex actuarial and accounting principles. Allison also assisted Lord Penrose with the drafting of those sections of the report which dealt with the regulation of Equitable Life.

 

 

Fraud: Criminal Law and Procedure (Oxford University Press, 2008)

Author of the chapter on theft and false accounting. Updated twice yearly.

 

Fraud: Law, Practice and Procedure (Butterworths, 2005) 

Co-author with Mrs Justice Dobbs of chapters on Fraud Act,  theft and conspiracy offences. Update due 2011.

 

Occasional contributor to the case notes in this journal. These notes cover all aspects of criminal law.