MAIN AREAS OF PRACTICE

• Fraud
• Financial Services Enforcement
• Corporate Regulatory and Commercial Advice
• Corruption/Bribery
• Insider dealing/Market Abuse
• Civil Asset Recovery and Forfeiture
• Confiscation
• Professional Discipline
• Regulatory Tribunals
• Money Laundering (Advisory and Litigation)
• Coroners' Inquests
• Public Inquiries

GENERAL

Timothy Kendal (described as "superb" by The Legal 500) is listed as a leader in his field by Chambers Directory 2010 and is described as: 

"...the top of the tree when it comes to defending SFO prosecutions.  He has a thriving international practice and is a leading junior"

The 2009 edition described him as

"...impressive with his "immensely thorough but commercially realistic approach." "Able to think quickly on his feet," he defends prosecutions brought by the SFO, VAT and income tax frauds, advance fee cases, money laundering, insider dealing and confiscation matters."

The 2008 edition described him as

“…a ‘fearsome intellect’, according to sources, aided by ‘a brain as sharp as a meat cleaver’.  A junior ahead of his years, ‘what he does not know about the law regarding money laundering, financial services and the Proceeds of Crime Act could be written on the back of a postage stamp’.”  

The 2007 edition described him as

“…a bright one to watch out for [with] a superior knowledge of money laundering, financial services law and the new provisions of the Proceeds of Crime Act”

The 2006 edition described him as

"…winning praise for his experience in asset tracing, money laundering and HM Customs and Excise investigations.  Hard-working and with a good incisive brain he has a style which commends itself to clients both in interview and in court and enjoys a much higher success rate than most juniors”. 

In the recent case of R. v. Hackett [2007] EWCA Crim 2368, the Court of Appeal observed that he:

“…combined persuasive and forceful advocacy on behalf of his client with proper regard to his duties to the court in terms of points that can properly be taken or which must be left”.

CORPORATE, REGULATORY AND COMMERCIAL ADVISORY WORK

Timothy Kendal is expert in providing advice to commerce and corporations (large and small) where issues of money laundering, insider dealing, corruption and fraud may have arisen. In an increasingly complex and difficult area, he has been sought out for his deep understanding of the money laundering provisions and his practical approach to immediate and pressing commercial considerations. 

His advice is also regularly sought on a direct access basis from in-house counsel and accountancy/insolvency practitioners alike.  His specialty includes defending enforcement proceedings of regulatory regimes including the FSA, the VAT tribunal, professional services disciplinary bodies together with advice and representation at Coroners' Inquests. 

He is not only adept at addressing corporate governance issues in relation to problems which may have been encountered, but also on appropriate measures to remedy or mitigate problems in sensitive commercial situations (whether relating to corporations or individuals involved in commerce).  This has included:

In relation to these areas, he offers representation before the appropriate tribunal or court.

LITIGATION

Timothy Kendal specialises in all areas of criminal litigation as a senior junior. In particular, he has developed and is recognized for his special expertise in the following areas:

• Fraud  (including prosecutions brought by the SFO, VAT and Income Tax evasion, missing trader and advance fee fraud, breaches of copyright and trades marks legislation);
• Money Laundering;
• Insider Dealing/Market Abuse;
• Confiscation, Cash Forfeiture and Asset Recovery (including asset recovery in the High Court under the Proceeds of Crime Act 2002);
• Receivership proceedings in the High Court (under the restraint regimes of the Criminal Justice Act 1988, Drug Trafficking Act 1994, and Proceeds of Crime Act 2002);
• Regulatory Tribunals;
• Coroners' Inquests;
• Judicial Review; and
• Public Inquiries. 

INTERNATIONAL WORK

Mr. Kendal represented Kenneth Noye in his recent case before the European Court of Human Rights.

Most recently Mr. Kendal, who is an Italian speaker, has been instructed as an expert witness and strategic adviser in relation to the conduct of a trial in Italy regarding an allegation of a multi-million Euro fraud. 

PAST EXPERIENCE

Mr. Kendal has appeared for the appellant at a number of conviction appeals relating to the conduct of the Customs and Excise in their investigation and prosecution of alcohol diversion frauds.

Quite apart from these areas, he is experienced in all areas of general crime including murder, manslaughter, serious drugs offences, armed robbery and is regularly instructed as a leading junior.

He has appeared in major and celebrated trials on behalf of the defence over many years including:

R. v. Laming – the “stun gun” drugs case

R. v. Noye (in the Court of Appeal and the European Court)

R. v. Wenham (the Greenwich Dome Robbery)

He represented one of the defendants in the Stephen Lawrence murder case - appearing at the magistrates court and the Central Criminal Court in that case.  In addition, he appeared at the Stephen Lawrence Public Inquiry on behalf of one of the suspects.

More recently, he represented the main appellant in the Court of Appeal (Criminal Division) in Operation Stockade.  HM Customs and Excise had claimed this to be the largest ever single warehouse duty evasion fraud.  In this case, convictions were set aside - the prosecution having conceded that the appeals could not be resisted.

Mr. Kendal has recently lectured on FSA enforcement and money laundering and is a Fellow of the Society of Advanced Legal Studies.

RECENT ADVISORY CASES

Re - X:  Representation/advice to suspect concerning allegations of international corruption.

Re - X plc:  Advice to officers of publically listed company regarding possible listing breaches, independent investigation and self-reporting steps.

Re - X:  Advice to individual whose assets were frozen pending an international investigation of his estate. Investigating authority withdrew allegations and restraint order quashed.

Re - X, a firm:  Advising a leading firm of solicitors regarding the discovery of possible fraudulent conduct in the regulated sector.

Re X:  Advice and representation to an individual arising out of a purported breach of a company director disqualification.  Advice provided in relation to past conduct giving rise to the disqualification, the conduct alleged to have amounted to the breach of the disqualification, consideration of the possibility of criminal proceedings and the provisions of the Company Directors Disqualification Act 1986.

Re X, a firm:  Advising an FSA-regulated firm in relation to enforcement activity and proceedings arising out of alleged off-shore "boiler room" activity.  Advice touched upon issues of disclosure, privilege, confidentiality and compliance with FSA rules relating to realtime/non-realtime financial promotions.  As a consequence of advice given, certification proceedings instituted by the FSA against the firm have now been withdrawn.

Re X:   Advice relating to dealing in securities whilst potentially in possession of inside information; consideration and advice on the Criminal Justice Act 1993 and the possible defences

Re X plc: Advice relating to the discovery by in-house counsel of a possible fraud by the business.  Advice extended to appropriate action regarding independent investigation, reporting, money laundering issues, mitigation of the position, corporate governance issues and proper approach of in-house counsel. 

Re X:  Advice urgently sought at sensitive moment in negotiation for complex structured purchase of a multi-million pound property portfolio.  Issues included potential breaches of planning legislation, possible mortgage and revenue frauds, money laundering considerations (including reporting under POCA).

Re X:  Advice urgently sought regarding the differential approach to civil tracing (in an action for monies had and received) and the request for compensation to be made against the same defendant following a criminal trial.

Re Dr. X: Disciplinary proceedings before the General Medical Council following a criminal conviction arising out of the same set of circumstances as had formed the prosecution case at trial.

Re X:  Advice to X regarding compliance with a restraint order imposed upon business partners. Complexity increased due to undocumented joint interests in property and accounts.

Re X:   Advising and appearing on an appeal against an assessment for outstanding VAT before the VAT tribunal in the context of an international MTIC Fraud.

Cases