The cases listed below represent the following areas of forensic accounting work carried out by Mark Jenner & Co:
CRIMINAL DEFENCE EXPERT WITNESS – Forensic accountancy and litigation support services for white collar criminal defence lawyers and their clients.
PROCEEDS OF CRIME & CONFISCATIONS – Expert analysis of the Crown’s S16 reports with the production of a defence expert forensic accountant report.
MONEY LAUNDERING – Expert accounting reports on money laundering indictments and advice on implementing money laundering regulations for organisations.
FRAUD INVESTIGATION – All aspects of fraud investigation, from managing major corporate fraud investigations to seeking asset recoveries or means for safe dismissal of errant employees in smaller frauds.
MATRIMONIAL ASSET INVESTIGATION – Establishing wealth during matrimonial proceedings, including tracing hidden assets, identifying extent of estates owned, valuing businesses and their profitability.
LOSS OF PROFITS – Establishing losses in business interruptions, contractual disputes and insurance claims.
INSOLVENCY ASSET RECOVERY & ASSET TRACING – Tracing assets in civil fraud and helping victims of fraud to recover losses. Assisting Insolvency Practitioners recovering assets on behalf of creditors that have been taken by directors and bankrupts prior to insolvency.
FRAUD REGULATORY ASSISTANCE – Experienced in helping Police forces present their financial case to the Courts. Expert accounting assistance to the major fraud regulators including the Serious Fraud Office and the Department for Business Innovation and Skills.
FRAUD PREVENTION & FRAUD RISK ADVICE – The most cost effective way to deal with fraud is to prevent it happening and a few simple precautions can reduce the risk of fraud substantially.
A Selection of Recent Assignments
Below are a few examples of cases (taken from an average of around 30 or more separate instructions each year) from the portfolio of work where Mark Jenner acts as an accounting expert witness, specialist fraud investigator or fraud case controller:
- 2021 – Instructed by the Criminal Prosecution Service to assist with the quantification of loss in preparation for a Newton Hearing.
- 2020 – Instructed by Humberside Police to provide a report on the theft of funds from a vulnerable person – thus demonstrating quantum of loss.
- 2020 – Several confiscation proceedings cases accepted during the year including example of two joint reports for partners in a business that was fraudulently issuing MOT certificates without carrying out a test. Forensic work discovered double counting by Crown within particular criminal benefit and matched alleged criminal transfers to legitimate business income – thus reducing the assessed criminal benefit by more than two thirds.
- 2020 – Two separate cases involving Iranian nationals transferring funds held in Iran to the UK. With the various trade and economic embargoes in place, Hawala was the only practical method for moving legitimate money in or out of Iran. Forensic expertise, including particular Hawala expertise, helped a wealthy Iranian businesswomen to defeat an application made by the Crown to forfeit funds transferred by Hawala that were being held within UK bank accounts.
- 2019 – Regularly instructed in a number of Hawala and money laundering cases each year – this year, cases included the movement of stolen funds from a major identity fraud through normal but circuitous banking channels to Nigeria with money being repatriated to the UK through Hawala. Other cases involved a Hawaladar operator based in the UK facilitating trade between India and China and a Ukrainian trader moving cash between European and other countries.
- 2019 – Investigating a professional accountancy firm accused of VAT fraud by HMRC.
- 2019 – Investigating a bridal gown business to assist one party within a partnership dispute. Business valuation and examination of excess profits being drawn by defendant.
- 2019 – Investigation of substantial US “Tech” business and its UK subsidiary – calculation of UK tax liabilities over a number of years for submission to HMRC along with reconstruction of statutory accounts for re-filing with Companies House.
- 2019 – Provision of forensic investigation and expert accounting on behalf of defendants accused of substantial levels of tax evasion – several such cases attended to each year.
- 2019 – Confiscation case for a convicted drug dealer’s girl friend who was used by the criminal gang to launder money through her accounts (Example of several similar cases undertaken each year). Forensic work revealed major legitimate strands of income that allowed challenges to be made to the level of benefit being assessed.
- 2018 – Several criminal defence confiscation cases are regularly received each year. One such case involved providing a response to the Crown’s S16 Statement of Information for a major criminal “fence” who had been convicted of selling stolen goods and laundering the proceeds of crime. Oral evidence was given in Kingston Crown Court assisted with an acceptable confiscation order being agreed.
- 2018 – Investigating and quantifying the personal and corporate tax liabilities of a client being investigated for tax evasion over a number of years.
- 2018 – Investigation of money laundering allegations brought by HMRC against a professional firm of accountants.
- 2018 – Valuation of an art agency marketing business.
- 2018 – Hawala Money Laundering prosecution defended by investigating second hand clothing exports to Africa and subsequent repayments through the informal value transfer systems. A number of criminal defence instructions involving allegations of money laundering in connection with the use of Hawala are received each year.
- 2018 – Civil Marshalling Claim requiring the valuation of a property business and determination of the level of income that could be produced.
- 2017 – Regulatory Assistance – Expert report for police who were investigating exploitation of a vulnerable person (ongoing).
- 2017 – Corporate Dispute – Investigated minority shareholder position and potential Director misfeasance (ongoing).
- 2017 – Matrimonial Dispute (Asset Tracing) – Investigated the claimed asset position on behalf of husband in substantial Isle of Man divorce case – gave evidence and assisted court over a two day hearing.
- 2017 – Insolvency Investigation – Reviewed circumstances of failure of financial services company on behalf of client being investigated by the Insolvency Service (ongoing).
- 2017 – Money Laundering – Examined HMRC allegations of money laundering by professional accountant on behalf of client who was providing payroll services. Expert report clarified money movement between several bank accounts with case eventually being dropped.
- 2017 – Hawala Money Transfer – Examined NCA case against defendant caught receiving cash and “cuckoo smurfing” into bank accounts on behalf of Uncle in India. Defendant didn’t realise he was participating in money laundering – expert explanation of Hawala mechanism resulted in Crown adjusting its case and an acquittal being obtained.
- 2017 – Hawala Money Transfer – Provided internal control advice and risk analysis to major Hawala client preparing its business for the prevention of facilitation of tax evasion corporate offences introduced by the 2017 Criminal Finance Act.
- 2017 – Proceeds of Crime – Confiscation proceedings against owner of wedding catering business. Reduction of benefit obtained during negotiated settlement with Crown.
- 2017 – Fraud – Provided report and oral evidence at court in case where spurious allegations of theft were being made by council against bursar of large secondary school – acquitted by jury.
- 2016 – Instructed by Crown Prosecution Service to consider police case against defendant in case of theft from family. Case involved joint expert meeting and production of agreed statement.
- 2016 – Examination of Income Tax and Capital Gains Tax evasion brought by HMRC against a number of tax payers.
- 2016 – Traced income and expenditure of brothel owner involved in investment of foreign family money in the UK Property Market.
- 2016 – Investigated case being brought by police involving the acquisition of super-cars including the treatment of VAT when vehicles intended for export.
- 2016 – Consideration of level of supplementary benefit claims by individual employed on “zero hour contracts”
- 2016 – Valuation of criminal benefit for defendant convicted of benefit fraud involving multiple property acquisition, mortgage loans and rental income.
- 2016 – Examination of the circumstances of provider status of a claimant in dispute with a major London council.
- 2016 – Investigation of Land Agent business in case involving theft of funds obtained by selling client’s entitlements to EU Land Subsidies.
- 2016 – Hawala case involving defendant who handled money on a regular basis for criminal gang.
- 2016 – Hawala Banking case involving receipt of legitimate funds from India by businessman.
- 2015 – Assessed services provided by lawyer indicted for fraud and examined potential criminal elements of the insolvency of his legal firm.
- 2015 – Provided expert response for co-defendant who had become involved in a headline Income Tax fraud involving tax avoidance schemes using offshore companies and tax breaks within the UK film industry.
- 2015 – Provision of independent services to Defendant with privately funded Criminal Case Review (that has become subject of political debate and allegations of police corruption) following predicate trial, confiscation and lost appeal.
- 2015 – Provided explanation of Hawala Banking and Money Laundering issues to Court resulting in acquittal of property developer.
- 2015 – Investigated substantial VAT fraud by motor trader.
- 2014 – Assisted Scotland Yard in two separate matters requiring expert review of the approach taken by the Police. Advised on strengths of case and areas where additional evidence was required. Both cases resulted in the matter being dropped.
- 2014 – Instructed by National Charity to investigate two separate instances of suspected fraud in its branches. As a result of findings was asked to conduct a UK wide review of its branches, focusing on anti-fraud controls and other management and staff based issues.
- 2014 – Investigating case of tobacco smuggling and tracing proceeds of the criminal activity.
- 2013 – Examination of missing shop sales evidence on behalf of Prosecution.
- 2013 – Money laundering case involving £60 million funds passing through Hawala system. Several other cases where explanations of the Hawala alternative money transmission system and money service bureaus were required for the courts.
- 2013 – Investigating £2 million losses through gambling scheme managed by young entrepreneur.
- 2013 – Investigated dispute over US funds invested in offshore jurisdiction.
- 2013 – Examination of Horizon accounting system in alleged major Post Office theft.
- 2013 – Asset tracing and assessment of business profitability in a wide range of different POCA 2002 confiscations.
- 2012 – Investigated losses due to employee fraud within a prestige Land Rover dealership.
- 2012 – Reconstructed income and expenditure accounts of person accused by HMRC of evading substantial tax over 10 years.
- 2012 – Assisted in confiscation proceedings against father of a person convicted of trafficking drugs.
- 2012 – Assisted night club doorman unreasonably entrapped by police to supply drugs in confiscation proceedings.
- 2012 – Three separate confiscation proceedings against individuals caught growing cannabis plants.
- 2012 – Assisted when victim of identity theft gang was accused of receiving the stolen funds.
- 2012 – Assisted with unsupported claim by insolvency practitioner against directors of failed property company.
- 2012 – Asset tracing in high profile divorce case where disclosed assets fall short of publicly advertised wealth.
- 2012 – Extradition proceedings against a high profile businessman taking blame for authorities’ incompetence.
- 2011 – Businessman accused of supporting a widespread drug trafficking gang by laundering money.
- 2011 – Couple accused of tampering with electrical supply and stealing electricity from the grid.
- 2011 – Post Office employee accused of stealing £30,000 while Postmaster remained uncharged.
- 2011 – Higher education providers accused of establishing a “Visa” shop to aid illegal immigration.
- 2011 – Smuggler accused of running adult media distribution company to cover up drug importation.
- 2011 – Support publishing companies pretending to support good causes.
- 2011 – A former career sportsman who invested in loan sharking without a licence.
- 2011 – Car dealers who upset Trading Standards by “clocking” vehicles – the Crown wanted £3 million but took £45 thousand.
- 2011 – £10 million of fraudulent claims for income tax self assessment repayments from HMRC.
- 2011 – A individual who obtained housing benefit on a property – while buying other properties with false mortgage applications.
- 2011 – A man who stole £10,000 but faced a benefit of £half million.
- 2011 – A gangster groupie who pleaded to drug dealing – was able to walk away with half his assets!
- 2010 – Criminal defence forensic accountant in confiscation proceedings involving £35 million benefit assessment. Asset tracing and business reconstruction exercise involving multiple businesses and both local and offshore jurisdictions.
- 2010 – Joint report for two defendants in drug trafficking confiscation proceedings. Presentation of business activities and reduction of benefit assessed due to double counting and inclusion of legitimate receipts.
- 2010 – Allegations of drug trafficking. Forensic work for the defence team showed that defendant did not have a criminal life style and this aspect of the case was dropped in response to my report;
- 2010 – Regulatory Investigation under S447 & S453 of the Companies Act 1985 (as amended) on behalf of Companies Investigation Branch of the Insolvency Service – into corporate collapse and allegations of Insolvency Act offences;
- 2010 – Confiscation hearing against defendant convicted of money laundering for a gang of organised criminals involved in drug trafficking and VAT fraud. Benefit assessed at over £10,000,000 but the forensic report prepared on behalf of the defence was able to show 60% of this either inappropriately included or double counting;
- 2010– Fraud Investigation examining allegations by disadvantaged shareholder of fraudulent trading, asset stripping and diversion of trade prior to a pre-pack administration resulting in phoenix follow on company;
- 2010– Forensic Accountant’s report for Humberside Economic Crime Unit tracing financial activities of a nursing home manger accused of stealing funds from a resident – a number of similar forensic reports have been prepared for police forces around the UK including Northumbria, Cleveland, Merseyside, North Yorkshire and Humberside forces – this case concluded with oral evidence being presented in Grimsby Crwon Court;
- 2010 – Expert accounting witness report for defence in a case involving alleged negligence by a professional accountant and money laundering in relation to a large Ponzi style fraud being committed by a group of organised fraudsters;
- 2009 – Acted for lead defendant in a major prosecution brought by the Serious Fraud Office (SFO) alleging serial asset stripping using the “Whitewash Procedure”;
- 2009 – Regulatory Investigation (S447) into asset stripping by a shadow director of a series of insolvent companies;
- 2009 – Expert Report for the defence in a case of profiteering from running a brothel;
- 2009 – Regulatory Investigation (S447) into Companies Act offences by director of a series of insolvent companies;
- 2009 – Expert Report for the defence in a case of money laundering brought by the police against a money transmission bureau;
- 2009 – Asset tracing exercise undertaken for the defence team in a major prosecution following the 2006 Securitas robbery of £53,000,000;
- 2008 – Expert Report for the defence in a major West Yorkshire Police case against a group of business men involved in a variety of activities including hand car wash businesses, restaurants, property dealing and various offshore financial activities.
- 2008 – Confiscation proceedings brought by Thames Valley Police under the Criminal Justice Act 1988 of £25,000,000 of Defendant’s assets – matter concluded with evidence successfully being given in Reading Crown Court. Included tracing exercise involving contact with financial institutions in Pakistan;
- 2008 – Money laundering allegations brought by HMRC – defendant accused of laundering money by way of a gambling habit over a number of years – matter concluded with evidence being successfully given in Birmingham Crown Court;
- 2008 – Tracing exercise involved funds derived from Europe and the Middle East;
- 2008 – Allegations brought by Post Office of theft of around £50,000 against a Sub Post Master;
- 2007– Allegations of unpaid tax and NIC and other money laundering indictments by NCS and HMRC relating to £45,000,000 funds moving through (and being transferred between) numerous Defendant’s bank accounts connected to a “Hawala” money transmission business. Tracing exercise involved explaining assets moving through Dubai and Hong Kong including contact with institutions in these locations;
- 2007 – Regulatory Investigation (S447) into £100 million turnover property group.
- 2007 – Forensic Report for the defence in a case brought by the DTI against an accountant accused of assisting fraudsters strip assets from company acquisitions using the “Whitewash” procedures.
- 2006– Confiscation following London Underground corruption trial leading to attendance at Guildford Crown Court for ongoing assistance in reducing level of benefit being sought;
- 2006 – Regulatory Investigation (S447) into £35 million turnover trading group involved in VAT fraud (Missing Trader Inter Community MTIC or “Carousel Fraud”).
- 2006 – Fraudulent trading indictments brought by the SFO against directors of a computer company involving “ fresh air” invoicing, cheque cross firing and transactions amounting to around £25,000,000, being funds circulating between connected companies;
- 2006 – “Long firm” UK based fraud where £600,000 credit was allegedly obtained illegally from international suppliers;
- 2006 – Fraudulent trading indictments by DTI (now BIS) where £500,000 was allegedly obtained by factoring fictitious debts using cross firing techniques.
- 1994-present – Full time forensic accountant presenting reports as expert in cases involving insolvency, fraud, divorce settlements, personal injury and contractual disputes.
Other instructions (1994 – present)
- Regularly appointed as a Hawala and Other Similar Service Provider expert. Work includes joint meetings with Crown’s (NCA) Money Laundering Experts and production of joint agreed statements.
- Specialising in a number of fraud investigations to assist smaller businesses and individuals where losses can often be relatively small and not seen as a priority for the fraud regulators or are too small to merit expensive legal assistance pursuing recovery through the civil courts.
- A number of enquiries are carried out each year on behalf of Insolvency Practitioners where fraud has been discovered or is suspected and involve asset tracing and recovery exercises carried out in situations where directors or bankrupts have hidden assets. Recovery work has included dealing with banks and other institutions in Europe, USA, Middle East, Russia and Asia.
- A range of criminal fraud defence and confiscation work as expert accounting witness is undertaken each year for criminal defence solicitors on behalf of defendants in criminal matters – ranging from small employee thefts of a few £1,000s to multi-million frauds investigated and prosecuted by the SFO.
- Around 30 authorities since 2004 granted for enquiries carried out under Section 447 and 453 of the Companies Act 1985 as external investigator for the DTI (now BERR/BIS)