Tom Payne was recommended as a leading junior in criminal fraud in Chambers UK 2011 and is again recommended in the 2012 edition as “…bright and able…”.
He is recommended in the 2012 edition of the Legal 500 as a leading junior in criminal fraud: “…a real star”.
He specialises in fraud and serious organised crime.
Recent highlights have included successfully prosecuting a series of high profile MTIC and diversion frauds (Operation Rust, Operation Fastback, Operation Inertia). He is currently instructed in a massive construction industry fraud Operation Savate. He has also advised the Office of Fair Trading in connection with its criminal cartel investigations. He prosecuted Operation Condor (the BA/Virgin price-fixing case). He also prosecuted Operation Heron (the marine hose cartel).
Recent reported cases include R. v George [2010] EWCA Crim 1148, R. v IB [2009] WLR 357 and HMRC v Financial Investment Advisers [2009] Lloyd’s Rep FC 221. In 2009 he appeared in the House of Lords in Briggs-Price [2009] UKHL 19.
In 2006 Tom was appointed to List B of the Attorney General's Unified Panel of Prosecuting Advocates.
In 2009 he was appointed to List B of the Serious Fraud Office list of approved counsel.
In January 2012 he was appointed to Grade 4 of the CPS Advocates Panel.
FRAUD
Notable recent cases include:
- Operation Savate (R-v-Harper and others) (pre-trial): instructed to prosecute 21 defendants in this highly complex construction industry VAT and PAYE fraud. Trials in 2013.
- Operation Rust (R-v-Burrage and others)(trial October 2011-January 2012): instructed to prosecute this vast diversion fraud. The defendants include the directors of bonded warehouses, trading companies and haulage companies. http://www.bbc.co.uk/news/uk-england-16553579
- Operation Fastback(R v Cranswick and others) (trial October 2011): £200m MTIC fraud. Junior counsel for the Crown.Widely reported as the biggest VAT fraud in UK history; see for example http://www.guardian.co.uk/uk/2011/oct/12/300m-vat-fraud-sheffield?INTCMP=SRCH; http://www.telegraph.co.uk/finance/financial-crime/8822631/Ex-police-officer-admits-300-million-VAT-fraud.html
- Operation Victor (R v Meddes and others) (trial March 2011): instructed by DEFRA (now CPS) to prosecute this Europe-wide conspiracy to supply unauthorised and prescription only medicines, the largest case of its kind to date. Large seizures in France, Belgium and UK. Money laundering. Eleven defendants. Junior counsel for the Crown. Widely reported, see for example http://www.dailymail.co.uk/news/article-2012348/Princess-Diana-lookalike-Regine-Lansleys-13m-empire-illegal-farm-drugs.htmlhttp://www.mirror.co.uk/news/top-stories/2011/07/09/princess-diana-lookalike-jailed-for-6million-black-market-veterinary-drug-fraud-115875-23258008/
- Operation Rust/Stag (R-v-Byrne and others) (trial July 2011): prosecuted the director and manager of Stag Freight Ltd for diversion fraud.http://www.bbc.co.uk/news/uk-england-1655357
- Operation Inertia (R-v-Ravjani and others)(2011 to date): £170m MTIC fraud. The largest and most complex contra fraud to date. Junior counsel for the Crown. Trials 1-3 concluded in 2011, trial 4 in 2012.
- Op. Dispense (R-v-Woehrle, R-v-Allan)(2011 to date): Two linked SOCA money laundering cases concerning the transport of the proceeds of drug trafficking to Spain. Counsel for the Crown.http://squaremilenews.blogspot.com/2011/03/drug-dealer-caught-after-crashing-car.html
- Operation Condor (R v George and others) (2010): alleged price fixing of passenger fuel surcharges by directors of British Airways and Virgin Atlantic. Instructed as junior counsel for the OFT.http://www.guardian.co.uk/business/2010/apr/14/ba-executives-in-court-price-fixing-charges; http://www.independent.co.uk/news/business/news/trial-opens-of-four-accused-of-pricefixing-at-ba-1955251.html
- R. v George [2010] EWCA Crim 1148: junior counsel for the OFT. This appeal concerned whether the cartel offence under s.188 Enterprise Act 2002 required 'reciprocal dishonesty' from individuals from both undertakings which are party to a cartel. The Court of Appeal found that the guilt of a defendant is not dependent upon the proven dishonesty of any other person.
- R. v IB [2009] EWCA Crim 2575; [2009] WLR 357: junior counsel for the OFT. This appeal concerned whether the cartel offence under s.188 Enterprise Act 2002 is a ‘national competition law’ within the meaning of Council Regulation (EC) No. 1/2003. The Court of Appeal determined that it is not, and that the Crown Court has jurisdiction to try the cartel offence even though it is not a competition authority designated under article 35 of that Regulation.
- HMRC v Financial Investment Advisers [2009] Lloyd’s Rep FC 221: appeared alone against Queens Counsel. This case concerned whether recipients of PACE 1984 production orders are entitled to costs of compliance and of legal advice, and the width of the discretion to award costs.
- Operation Heron (R v Whittle and others) (2008): The marine hose cartel. This was the first prosecution for the cartel offence under s.188 Enterprise Act 2002. The defendants pleaded guilty in the UK having entered into plea agreements in the United States. Junior counsel for the Crown. Co-authored M. Lucraft, T. Payne and D. Rawlings, The Dunlop Three: the cartel offence makes its debut (Archbold News Issue 1, 2009). http://news.bbc.co.uk/1/hi/business/7450072.stm; http://www.guardian.co.uk/business/2008/jun/12/corporatefraud.ukcrime
SERIOUS AND ORGANISED CRIME
- R-v-Gliszczynski and others (trial 2012): instructed for the defence in this high profile murder prosecution. Trial 2012.
- Operation Giftwrapped (R-v-Wright) (trial 2012): instructed to prosecute this conspiracy to import £1m cocaine. Trial 2012.
- Op. Snorkel (R-v-Henderson and others)(2009 to date): conspiracy to import £15m cannabis. Junior counsel for the Crown. http://www.telegraph.co.uk/news/uknews/crime/6782913/Five-jailed-over-13.5-million-cannabis-plot.html
- Op. Octane (R v Grant Wilkinson)(2008 to 2011): conspiracy to convert imitation MAC 10 submachine guns, conspiracy to supply converted firearms with intent to endanger life. This widely reported case followed the largest ballistic investigation yet to have been undertaken in the UK, proving that the converted guns had been used in over 50 separate shooting incidents. Junior counsel for the Crown. http://www.telegraph.co.uk/news/uknews/2637822/Gun-factory-trial-Grant-Wilkinson-jailed-for-11-years.htmlhttp://www.bbc.co.uk/crimewatch/solved/forensicfiles/ballistics.shtml
- R v Briggs-Price [2009] UKHL 19; [2009] WLR 142: successfully resisted appeal to House of Lords against £3m confiscation order. The judgement confirms that the prosecution can prove the derivation of benefit from drug trafficking by proving the commission of other specific drug trafficking with which the defendant was not indicted. To do so does not violate the presumption of innocence.
- Op. La Fombra (R-v-Patel and others) (2009): SOCA money laundering case. Junior counsel for the Crown.
- Op. Scantly (R v Rothenburg and Stockall) (2009): Importation of £2m heroin. Appeals against conviction in 2009 on grounds concerning disclosure and fresh evidence. Convictions upheld; see Stockall[2009] EWCA Crim 1159; also Stockall[2009] EWCA Crim 1897.
- R v Andronicou and others (2008): Importation of £1m cocaine.
OTHER CRIME
- Rockall v DEFRA [2008] EWHC 1150 (Admin); also [2008] EWHC 2408 (Admin): appeal by case stated. Appeared as leading counsel for the Crown.
PUBLICATIONS
M. Lucraft, T. Payne and D. Rawlings, The Dunlop Three: the cartel offence makes its debut (Archbold News Issue 1, 2009).
1996 - BA Jurisprudence, Trinity College, University of Oxford
1998 - LLM, University of Birmingham
1998 - Jules Thorn Scholarship, Middle Temple
1998 - Called to the Bar, Middle Temple
2006 - List B, Attorney General's panel of prosecuting advocates
2009 - List B, Serious Fraud Office list of approved counsel
2012 - Grade 4, CPS Advocates Panel
