Education
LLB (Hons); Jules Thorn (Major) Scholarship Middle Temple 1982
Profile
Recommended for many years as "Leader in the field" both in general crime and in fraud by Legal 500 and Chambers Directory.
Extensive practice in serious and complex fraud and in money laundering. Particular recent experience in sanctions breaking. A heavy workload in general crime: murder, drugs confiscation. Regulatory work and sensitive road traffic cases.
Recent descriptions:
Legal 500
Clients say he 'presents complex facts attractively to a jury and argues complex legal points before a judge with equal verve'.
Chambers and Partners
Popular with instructing solicitors, Peter Lodder QC is "the real McCoy", according to them.
"a consistent performer" who specialises in the defence of serious and complex fraud.
"consistently on the money".
Peter has often appeared on national radio and television news broadcasts to comment upon high profile criminal cases and on changes in the law. He has contributed to current affairs programmes such as Unreliable Evidence, Law in Action, and The One Show. He has also been interviewed and asked to provide commentary for many national newspapers and legal journals. His profile was in The Times (CLICK to link) on 11th September 2008.
Peter was the Chairman of the Criminal Bar Association 2008-9.
Examples of work are:
FRAUD AND MONEY LAUNDERING
Re GB (2009)
Advising businessman who is the subject of an SFO investigation into the United Nations Food for Oil programme in Iraq.
R v Generics UK (Southwark Crown Court 2006-8)
Largest ever SFO prosecution (Operation Holbein) for alleged conspiracy to defraud the NHS through the operation of a cartel in the pharmaceutical industry. Successful submissions eventually led to prosecution being stopped before a jury was sworn.
R v Farrow (2007 1 Cr App R (S) 90)
Court of Appeal authority on appropriate levels of sentencing in money laundering ases and on whether the Court of Appeal Criminal Division is bound, on a reference of the Attorney-General, to honour th Goodyear indication given by the first instance Judge.
Carousel/missing trader VAT fraud: R v H & ors (Stafford Crown Court 2005)
An elaborate structure of companies involving “missing” and “buffer” companies in the mobile telephone market. Multi-million pound payments to off-shore traders said to be the suppliers of the telephones into the fraudulent trade. Further allegation of the diversion of funds and the falsification of accounts to avoid the effects of “freezing” orders.
Construction industry Inland Revenue Fraud: R v Downes & ors (Southwark Crown Court 2004)
Fraudulent obtaining of substantial tax repayments diverted from sub-contractors of many building companies. Prosecution of building “middle-men” and accountants. Monies traced through nominee bank accounts in this country and then transferred abroad. Arguments as to whether identified repayments were in fact fraudulent. Issue over extent to which crown could prove the “loss”.
Legal Aid Solicitors’ fraud: R v Moreton (Bristol Crown Court 2002-3)
Part of the Robinsons’ cases. Trial of 14 months duration. Fraud on Legal Aid fund through vehicles of Green Forms and the exaggeration of criminal bills - prosecution of solicitors and employees. The partners were alleged to have participated directly in the fraud and to have benefited indirectly, as partners, from the receipt of profits.
Solicitors’ Accounts fraud: R v Teenan (Southwark Crown Court 2002)
Withdrawal of funds from client accounts. Covering up by means of teeming & lading & the falsification of documents of account, bank statements etc.
Corporate finance fraud/Serious Fraud Office: R v Cairns, Sawtell & Ors (Central Criminal Court & Court Of Appeal 2000-1)
Creation of multi-million pound office, transportation and distribution empire with associated stockbroking arm. All purchased using commercial lenders & venture capitalists. Achieved by deception of valuers and other professionals. Two of the defendants were solicitors who were used to provide fraudulent undertakings. In the course of preparatory hearings interlocutory applications to the Court of Appeal - which was required to rule upon the extent to which Art 6 ECHR and Saunders v UK prohibits answers by receivers (outside the directly compellable statutory structure) from being adduced in evidence.
Property sale/lease Inland Revenue fraud: R v Jenkins & Ors (Kingston Crown Court 2001)
The acquisition and letting of substantial property portfolio, use of false identities and descriptions to avoid capital gains tax and income tax.
Diversion (VAT) fraud: R v Aarons (reported as Martin & Ors 2002 Crim LR 227)
Major inward & outward diversion fraud (Methuselah) involving production, road haulage and warehousing companies in UK and abroad – alcohol and cigarettes. Largest ever confiscation orders (in excess of £30m) in the Court of Appeal – authority on relevant confiscation regimes.
Diversion (VAT) fraud: R v Freeman (Southwark Crown Court 2000)
Importation and recycling of tax free cigarettes
Money laundering: R v Lindner & Shaw (Inner London Crown Court & Court of Appeal 2000, 2001) Prosecution in which the principal defendant case was a highly trusted and formerly successful money launderer. Court of Appeal on admissibility of previous travel records.
Franchising fraud: R v Michael (reported as Hancock & Ors 1996 2 Cr App R 554 CA)
Court of Appeal authority on directions to jury regarding particulars in a conspiracy to defraud. Acted for sales director in satellite TV company. Related to extent to which market research and representations as to profitability may be relied upon.
Insider dealing fraud: R v Rowlands (reported as Gray & Ors 1995 2 Cr App R 99 CA)
Acted for Corporate Finance Executive from major city bank. DTI prosecution. Case involved alleged passing of price sensitive information on Plc merger bids.
SANCTIONS BREAKING
R v Jaitha (Southwark Crown Court 2009)
The first major prosecution in the UK for the export of weapons equipment (to Iran) in contravention of domestic legislation to implement UN sanctions.
MURDER/MANSLAUGHTER
R v GA (Central Criminal Court 2007)
Defendant charged with murder who had a conviction for murder from over twenty years before. Although objected to, the evidence of this earlier conviction was adduced before the jury. After two hung juries on this later allegation he was formally acquitted.
R v Negatin (Chelmsford Crown Court 2007)
Gross negligence manslaughter prosecution of internationlhaulier. Concealedi llegal immigrants in refridgerated trailer unit - some of whom died intransit. Issues of jurisdiction arose as to whether the deaths occurd in UK territorial waters.
Juvenile Manslaughter: R v Cherry
Court of Appeal on appropriate sentence on a 15 year old for unlawful act manslaughter in schoolboy prank which went badly wrong.
And many other murder trials.
HEALTH AND SAFETY
Corporate manslaughter: R v English Brothers Ltd (2001)
Appeared for Company Director of construction company in corporate manslaughter proceedings brought by Health and Safety Executive.
EXPERT EVIDENCE
DNA Analysis: R v Mitchell (reported in The Times 21st June 2004)
Court of Appeal authority on extent to which reliance may be placed upon expert opinion in DNA analysis.
DRUGS
Serious crime/jury selection: R v Comerford 1998 1 Cr App R 235
Court of Appeal authority on circumstances under which in serious crime, here a major importation of class A drugs, a Judge may swear a jury anonymously and order high level protection.
FAIR TRIAL PROVISIONS
Defendant representing himself: R v Walton (reported in Archbold News Issue 8, 2001)
Court of Appeal on ECHR/Fair trial consequences of a defendant who falls ill whilst representing himself .
SEXUAL OFFENCES
R v Celestine Babayaro (1999)
Appeared for Chelsea and Nigerian footballer defending sexual allegations following nightclub visit.
Memberships Elected member of the General Council of the Bar since 1994. Committee member of the Criminal Bar Association.
Articles Public Defenders: Too High a Price to Pay? Determining Mode of Trial in Either-Way Cases
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