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Richard Kovalevsky QC

Year of call: 1983

Year of silk: 2003

Email : rkovalevsky@2bedfordrow.co.uk

Education: Manchester University LLB Hons

 

Leader in the field in fraud  - Chambers Directory, an independent guide to the legal profession 2012.

Leader in the field in general crime, Chambers Directory, an independent guide to the legal profession 2012.

Individual mention in the Current edition of the 'Legal 500'.

 

Princpal areas of practice

  •  Bribery and Corruption
  •  Fraud / Money laundering
  •  Corporate crime
  •  POCA work and confiscation
  •  Financial services/FSA
  •  Serious crime
  •  Professional discipline and regulatory

Richard is the co-author of www.briberyact.com. His recent work in this specialist area has included the negotiation and conclusion of a complex Part v POCA settlement with the SFO on behalf of a client.

The Director of the Serious Fraud Office  has repeatedly  stated in reported speeches that the site is "The leading web resource for corporates in the field of bribery and corruption." (Richard Alderman Director of the Serious Fraud Office).

Richard has liaised with both the Director of the Serious Fraud Office and Counsel to the Serious Fraud Office on behalf of corporates.

 

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. He has had wide exposure to the complexities surrounding international criminal litigation concerning the Russian Federation; this having been supplemented in 2012 by instruction to act for a prominent Russian national in the context of a commercial dispute resulting in an extradition request.

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

 

Regulatory

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

 

Crime

Richard is frequently instructed in cases involving complex disclosure issues. He has wide experience in mounting Abuse of Process applications.

 

General Crime

Richard has considerable experience of defending in murder cases. He has developed a thorough knowledge of issues concerning Public Interest Immunity and has wide experience of cross examining forensic experts. 

 

Recent cases

 

Fraud/money laundering

 

iSoft

Engaged in a four month trial on behalf of a former Executive Director of the PLC. The allegations brought by the FSA concerned market manipulation centring around the activities of the main Board in its application of accounting standards, accounting practices, the PLC's announcements and dealings with the City as regards financial information.

R v M

A case concerning the laundering of funds fraudulently diverted from the proceeds of sale of 'V Mobile', a Nigerian State Telecommunications Company. These allegations were also brought against the former Nigerian Delta State Governor, Mr James Ibouri and Mr Gohil a partner with Arlington Sharma Solicitors. Mr M specialised in the formation and administration of companies and trusts in international jurisdictions, the prosecution alleged that these international vehicles were used to launder the proceeds. Fully contested confiscation proceedings on behalf of Mr M resulted in a severely reduced confiscation order.

R v L

 A case which began life with the SFO, eventually investigated by the City of London Police(COLP) and prosecuted by the Fraud Prosecutions Office(COLP) and the CPS; the allegations were complex, involving commission payments between solicitors,  medical agencies and insurers. The prosecution initially focused upon L's company but shifted to L and the Managing Director of L's company. Several pre-trial orders were secured over several months as a result of argument before the Judge. These arguments and orders for the prosecution to refine their case were supplemented by submissions against the background of an application to dismiss all charges. As a result of the joint effort of L and his Director the prosecution offered no evidence on all counts against all individuals charged (18 in total).

R v K

 An unusual case involving an allegation of theft of high value land by a well-known individual. The case was complicated by the fact that it involved issues of property law; the facts were intricate and went back over 40 years. The case was fully contested and required a full severance argument in relation to K's solicitor who was also originally charged on the same indictment. Severance was achieved, K was acquitted by the jury and subsequently no evidence was offered against the original co-defendant, K's solicitor.

R v W (UMBS)

 

 3 month jury trial representing a member of the board of a Bank (UMBS) . It was alleged by Revenue and Customs that the Bank was trading fraudulently in certain aspects of its operations. It was also the prosecution's case that the Bank was involved in specific multi-million £ Money Laundering arrangements. This aspect of the case involved allegations extending into reporting duties of Directors in the Regulated Sector. The fraudulent trading allegations ran to hundreds of millions sterling and involved banking activities in several jurisdictions. Mr W was acquitted on all counts.
 R v M  Mr M, a director of a company involved in the world wide investment of the proceeds arising from the sale of ‘V Mobile’;  Nigeria’s third largest telecommunications provider. The case involved allegations of State corruption, with official of two states allegedly diverting significant revenues received, pursuant to the sale, to Mr M’s company. Laundering allegations involved investment vehicles, predominantly used for the acquisition of aircraft with subsequent liquidation via Liechtenstein and Luxembourg.
 R v H Mr H, a director of a large alcoholic drinks supply company, faced charges which alleged that through Mr H’s company’s trading with European suppliers  £ millions in tax (primarily VAT) had been evaded. The case involved complex and detailed arguments concerning Abuse of the Process of the Court.

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.

 

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 Ga ng)

Money laundering concerning Caribbean cocaine importation

 

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 G

Advised and represented a co-founder and director of a well-known company who faced allegations of Computer Misuse in respect of a competitor.

R v C

Advised and represented Mr C, a director of an Australian company charged with serious allegations concerning computer misuse.

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 Bakir      Murder

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

Briefed to appear on behalf of a prominent former director of  a UK PLC who is charged with offences relating to misleading the market.

Briefed to advise and conduct confiscation proceeding for an individual convicted of Carbon Credit fraud.

Engaged to advise two journalists subject to enquiries as a result of Operation Elveden.

 

Actively involved in the High Court on behalf of a company and its Director in overturning search warrants, restraint orders and seeking the return of unlawfully seized materials. This case is international in its nature and involves a very large UK incorporated alcoholic drinks supplier.