Emma King

Year of Call: 1999  


Overview


Emma King specialises in advisory, crime, fraud and regulatory work.

Emma is appointed to both the SFO A Panels of counsel for prosecution and the SFO A panel for proceeds of crime. She is also appointed to the CPS specialist panels for both fraud and proceeds of crime.

Emma has vast experience in the prosecution of financial crime and bribery/corruption, but is also available to advise companies and individuals on compliance with money laundering and other financial services legislation.

She has particular knowledge of the law relating to Legal Professional Privilege (“LPP”) and has acted as independent counsel in a number of HMRC and SFO investigations, including attending searches to adjudicate in situ. She has also advised private clients in receipt of production orders on LPP. She is currently instructed on behalf of a public body conducting its own private prosecutions in respect of LPP in connection with referrals to the CCRC.

Emma is approved to undertake public access work meaning that she can, in appropriate circumstances, accept instructions directly from members of the public.

Civil Asset Recovery & Forfeiture


Emma has advised third parties in respect of civil asset recovery proceedings, specifically a section 281 POCA application concerning property subject to a Property Freezing Order.

Emma has conducted numerous contested cash detention and forfeiture hearings under the POCA. She acts mainly for Revenue and Customs in these matters, but occasionally acts for / advises re-spondents. She has appeared in the Administrative Court on forfeiture appeals, including in the previously leading case of Muneka [2005] EWHC 495 (Admin) which was, prior to Angus the leading author-ity on the requisite burden of proof.

Confiscation


Emma has acted in confiscation proceedings both under POCA, and under the old regime of the DTA/CJA. She was instructed to prosecute complex confiscation proceedings arising out of convictions in an MTIC fraud, where confiscation order made against the first defendant (£26M) was (at that time) the second largest ever obtained by Revenue & Customs. She is familiar with the arguments on calculation of benefit, apportionment and hidden assets. She has experience of related ancillary relief proceedings where spouses of defendants are claiming an interest in property subject to confiscation proceedings

Emma has appeared in numerous enforcement hearings in the Magistrates’ Court and is familiar with the case law and arguments on the activation of default sentences. She has appeared in the Administrative Court where the decision to activate a default sentence was judicially reviewed.

Emma is experienced in drafting restraint orders under both the CJA and POCA, including restraint proceedings in multi-handed MTIC cases. She has advised on related issues such as lifting the corporate veil, as well as the variation of orders to allow release of funds for legal expenses and to allow restrained companies to continue to trade. She has dealt with applications by third parties to vary restraint orders. She has advised on, and appeared in High Court contempt proceedings where restraint orders have been breached.

She has been instructed in a number of large operations where management receiverships are in place and where the assets in questions are each over £30 million

Emma has advised on the appointment of enforcement receivers under the CJA and POCA and has experience of drafting enforcement receivership orders and their attendant witness statements. She has been instructed in a number of enforcement receivership proceedings including one where the confiscation order to be enforced is in excess of £25 million, there are multiple third parties and the majority of the assets are held outside the jurisdiction. She has also advised receivers in relation to their powers.

Emma has appeared in a number of Certificate of Inadequacy applications, both in the High Court and Crown Court. I have particular expertise in cases involving allegations of hidden assets.

Cases

  • Re Aspinwall EWHC 1455 (Admin) (2012): Sole counsel for the Crown in Certificate of Inadequacy application in the High Court.
  • Re Pearson EWHC 1704 (Admin) (2012): Sole counsel for the Crown in Certificate of Inadequacy application in the High Court.
  • Operation X (2007 – 2011): Instructed by the RCPO as junior counsel in restraint and receivership proceedings arising out of an MTIC fraud where the tax loss is alleged to be hundreds of millions of pounds. The orders in this case were complex, with over 25 limited companies having their corporate veils lifted.
  • Re J Enforcement- Default Sentence (2011 – 2012): The Defendant judicially reviewed the decision to activate his default sentence. The original decision of the District Judge was upheld by the Administrative Court and this is now one of the leading authorities on the activation of default sentences: R v Birmingham Magistrates’ Court ex parte Craig Johnson [2012] EWHC 596 (Admin).
  • Re H & Re T-S (2009): Instructed by RCPO alone to advise on and draft an enforcement receivership application. The applications in respect of both these defendants are under the Criminal Justice Act 2003, and therefore in the High Court. In both cases an enforcement receiver is needed to realise a property that is held in the name of a company that has since been dissolved. Also instructed by the enforcement receivers in respect of their power to take possession of a property subject to the order, and treatment of realisation of an excess amount.
  • Operation Y (2008 – 2012): Instructed by RCPO as junior counsel in restraint and receivership proceedings arising out of an MTIC fraud where allegedly the tax loss was hundreds of millions of pounds and the principal defendants held assets in excess of £30M. These were complex due to the fact that their assets are held in the names of third parties including UK and offshore limited companies, and a charity.
  • Operation W (2008 – 2009): Instructed as sole counsel by RCPO to conduct an application for the appointment of a management receiver in the Crown Court under the Proceeds of Crime Act. The main assets of the defendant in question were racehorses, the ownership of most of which was disputed.
  • Operation H (2008 – 2009): Instructed by RCPO alone to advise on and conduct contempt proceedings in the High Court arising out of a defendant’s failure to serve an adequate disclosure statement as required by the terms of a restraint order made against him.
  • Re X Enforcement Receivership (2008): Instructed as junior counsel by RCPO in the enforcement proceedings arising out of a £26M confiscation order. There was an application under the Criminal Justice Act to appoint an enforcement receiver in the High Court. This application was extremely complex as the defendant’s assets were alleged to be held in numerous jurisdictions and invariably in the names of third parties. There has been significant litigation in relation to third party interests in assets.
  • Re K & Others (2008): Instructed by RCPO alone to advise on and redraft restraint orders in restraint proceedings against three defendants arising out of a tax credit fraud. This case involved complex issues of whether it was appropriate to lift the corporate veil in respect of a number of companies.
  • Operation Emersed Confiscation (2006 – 2008): Instructed by RCPO as junior counsel to conduct confiscation proceedings under the Criminal Justice Act 1988 for ten defendants. These confiscation proceedings arise out of convictions for MTIC fraud. These proceedings involved complex legal arguments on the apportionment of benefit and hidden assets. A confiscation order was made against the first defendant in a sum in excess of £26 million.

Financial Services


In 2008 Emma attained a Diploma in Investment Compliance from the Securities and Investments Institute. Through this she has a thorough knowledge of Financial Conduct Authority (FCA) regulation and the FCA Handbook, the provisions of the Financial Services and Markets Act 2000 (FSMA), Con-duct of Business Rules, market abuse, Money Laundering Regulations, the Takeover and Mergers Code and related provisions under the Companies Act.

She undertook a six month secondment in 2008 at the Accountancy and Actuarial Discipline Board (part of the Financial Reporting Council) and worked exclusively on their investigation into Deloitte & Touche in respect of certain audit and non-audit services provided to MG Rover.

Emma has co-written published articles on regulatory matters including insider dealing and FSA action to combat boiler room fraud. She has also assisted in drafting a chapter of a Handbook for Money Laundering Reporting Officers.

 

Fraud


Emma has particular experience in a number of different types of fraud including MTIC (Missing Trader Intra Community) VAT fraud, duty diversion fraud and IRSF (International Revenue Share Fraud).

She spent a number of years working on a series of MTIC frauds, where the proceeds of fraud were laundered through a complex offshore company structures.

She has been instructed in a number of IRSF cases involving fraud on some of the major UK mobile telecommunications providers.

Emma has extensive knowledge of the Bribery Act and pre-Bribery Act provisions and is currently instructed by the SFO in their bribery investigation into a major UK Plc. Emma has also been instructed by the Serious Fraud Office Mutual Legal Assistance department to assist with a number of Mutual Assistance requests, mainly involving overseas corruption.

She has also acted on behalf of DBIS in relation to Insolvency Act offences.

She has prosecuted numerous VAT and direct tax frauds as sole counsel. She has also prosecuted and defended in money laundering cases.

Cases

  • Operation CH (2014): Instructed as junior prosecution counsel in a nine-handed allegation of pension carousel fraud.
  • Operation C (2014): Instructed as junior prosecution counsel in an MTIC fraud where the estimated loss to the revenue is alleged to be in excess of £20M.
  • Operation L (2014): Instructed as junior prosecution counsel in an International Revenue Share Fraud against Vodafone.
  • Operation S (2011): Instructed as prosecution junior counsel in a multi-handed international revenue share fraud against O2.
  • Operation A (2010): Instructed as prosecution junior counsel in a multi-handed international revenue share fraud where a major mobile telecommunications provider was alleged to have been defrauded out of £2M.
  • R v J & Others (2007): Appeared for prosecution (junior counsel). An MTIC (Missing Trader Intra Community) VAT fraud. Involved VAT loss of £20 million. Numerous defendants tried over a series of trials. Proceeds of fraud laundered through a complex offshore company structure.
  • Operation B (2003): Appeared for prosecution (junior counsel). Allegation of money laundering through Money Service Businesses.
  • R v Sherwin & Others (2002): Junior counsel for first defendant. Case where defendant faced two indictments, one alleging duty diversion fraud, and the other money laundering the proceeds of that fraud. Prosecution offered no evidence after receiving the defence skeleton argument on abuse of process, deciding that it could not be successfully resisted.

Regulatory


In 2008 Emma attained a Diploma in Investment Compliance from the Securities and Investments Institute. Through this she has a thorough knowledge of Financial Services Authority (FSA) regulation and the FSA Handbook, the provisions of the Financial Services and Markets Act 2000 (FSMA), Conduct of Business Rules, market abuse, Money Laundering Regulations, the Takeover and Mergers Code and related provisions under the Companies Act.

She undertook a six month secondment in 2008 at the Accountancy and Actuarial Discipline Board (part of the Financial Reporting Council) and worked exclusively on their investigation into Deloitte & Touche in respect of certain audit and non-audit services provided to MG Rover.

She has co-written published articles on regulatory matters including insider dealing and FSA action to combat boiler room fraud. She has also assisted in drafting a chapter of a Handbook for Money Laundering Reporting Officers.

Publications


Emma is co-author of the following articles:

  • An Inside Job? – Published in the New Law Journal (14th March 2008).
  • FSA Steams Up Over Boiler Rooms – Published in the New Law Journal (8th August 2008).

Memberships


  • Proceeds of Crime Lawyers Association

Qualifications


  • Public Access Qualified
  • Diploma, in Investment Compliance
  • BA Hons, MA Oxon