‘Leader in the field’ in fraud  - Chambers Directory, an independent guide to the legal profession 2010.

‘Leader in the field’ in general crime – Chambers Directory, an independent guide to the legal profession 2010.

Principle areas of practice

•  Fraud
•  Money laundering
•  Corporate crime
•  POCA work and confiscation
•  Financial services/FSA
•  Serious crime
•  Health and safety

Fraud and money laundering

Richard Kovalevsky is a specialist in fraud and money laundering. He advises companies and directors on a wide range of potentially criminal issues both nationally and internationally and represents them in these matters. His areas of expertise include international and domestic money laundering due diligence. His substantial high-profile defence practice includes numerous prosecutions by the Serious Fraud Office and Revenue and Customs and he has extensive experience in diversion, tax, VAT fraud, fraudulent trading, Companies Act offences, large scale money laundering and confiscation proceedings.

Jurisdictions in which he advises include Bermuda, the British Virgin Islands and the United States

Regulatory

Richard has acted in numerous cases involving prosecutions brought by the Health and Safety Executive and the Security Industry Authority.

Crime

Richard is frequently instructed in cases involving complex issues of public interest immunity or with extensive forensic issues requiring the cross-examination of expert witnesses. He has considerable experience in murder and large-scale drugs conspiracies.

Recent cases

Fraud/money laundering

R v Nelson and Stannard	£110m fraud allegation concerning an international tax scheme involving purchase of shipping companies, trusts and banks in several jurisdictions
R v Wing	Complex Revenue PAYE National Insurance fraud involving several fictitious corporate entities. Appeared for CEO.
R v Warman	Acted for Mr Warman regarding fraudulent company accounts. The case concerned income tax and CGT. Mr Warman held a senior position in a large international accountancy firm.
R v Wharam (Operation Carina)	£68m duty fraud/POCA: fully contested confiscation hearing. Brought in following Mr Wharam’s conviction in major carousel fraud involving his companies. The Crown put his criminal benefit at £28m and alleged that he had significant hidden assets outside the jurisdiction. The case was contested with a large amount of evidence and argument. The confiscation sum ordered to be paid was £400,000.
R v White	POCA and confiscation: appeared in the Court of Appeal for the appellant having been brought in following his conviction for smuggling tobacco. The appeal concerned a wholesale review of the approach to the assessment of ‘benefit’ for the purposes of confiscation, focussing on the construction of domestic legislation and regulations and their compatibility with European Directives.
Stanford International Bank liquidation	POCA: appeared in the Court of Appeal on behalf of Antiguan liquidators in relation to their claims to the assets of SFO and receivers appointed in the USA
R v Dominguez	Colombian drug cartel; allegations of money laundering through company currency exchange transactions
R v Williams (the Bling Bling Gang)	Money laundering concerning Caribbean cocaine importation
R v IPOC International	Multi-jurisdictional allegations of laundering of corporate funds in relation to share purchases. This case entailed advising in the UK, the USA, Bermuda and the British Virgin Islands.

Corporate regulatory crime

HSE v Stanley Land Drainage	Fatal accident at work
R v Securiplan	Appeared on behalf of CEO charged with regulatory breaches relating to deployment of security guards at prominent locations throughout the country. The case was prosecuted by the Security Industry Authority. The CEO was acquitted.

Crime

R v O’Dowd	Court of Appeal: leading case concerning admission of evidence to prove ‘bad character’. The case focussed particularly on the issue of opening up satellite litigation within a criminal trial. In allowing the appeal against conviction, the court gave comprehensive guidance on the law in this area.
R v Webb	Appeared on behalf of Mr Webb, freelance reporter for News of the World. The case involved intrusive surveillance of journalists with an allegation that the police had frequently transmitted to News of the World secret information concerning individuals and crime. The case, which involved European law arguments concerning protection of journalists and their sources, was stayed on the grounds of abuse of process.
R v Nicholls	Appeared in the Court of Appeal having been brought in following Mr Nicholls’s conviction. The appeal concerned what investigations could and should have been undertaken by the trial judge where there was an allegation of jury bias. The conviction was quashed.
R v Barrow	Mr Barrow was charged with several regulatory breaches of planning laws concerning renovation of a well-known listed country house and estate. The case was fully contested; Mr Barrow was acquitted with remaining charges stayed as an abuse of process.
R v Bitton	Mr Bitton was alleged to have committed various historic sexual offences. The case was fully contested and stayed as an abuse of process.

Murder/manslaughter

R v Mc Donald	Murder; cold case review involving latest DNA techniques
R v Quirk	Manslaughter; man drowned at Lakeside Shopping Centre
R v Syzypusz	Attempted murder; ‘hit man’ case featured in ‘Murder Blue’ (TV series following ‘Trident’ operations)
R v Morton	Murder; architect alleged to have killed wife missing for seven years
R v Harrison	Murder
R v Agbuba-Cansie	Murder
R v Ogiste	Murder

Current cases

•  Advising corporate client in relation to substantial Revenue criminal investigation
•  Advising solicitors in Bermuda on the impact of recent changes in Bermudian money laundering regulations
•  Acting for director in FSA boiler room fraud prosecution
•  Acting for director in FSA corporate fraud prosecution
•  Acting for defendant in a case of murder
•  R v Vantis: acting for the defence regarding alleged  Revenue fraud