Appeared as junior alone for the Crown and successfully resisted this appeal against a confiscation order which raised novel points of law in relation to the concept of benefit and tainted gifts.
Dan is a specialist criminal practitioner who regularly acts for the prosecution and the defence in the most serious criminal cases. He is recognised in The Legal 500 for his work in crime. He also has a strong practice in civil proceedings under the Proceeds of Crime Act.
Before coming to the Bar, Dan was employed as a paralegal in the criminal department of Lewis Nedas solicitors. Whilst there he gained a thorough understanding of how a criminal case is litigated, what instructing solicitors require from their counsel and gained experience in the preparation of a wide range of cases including murder (R. v. Jacobs – the murder of PC Blakelock) and serious sexual offences.
Dan has completed his vulnerable witness training and holds “SC” security clearance.
ASSET RECOVERY, CIVIL FRAUD & CONFISCATION
Alongside his criminal practice, Dan has a specialist practice in civil recovery proceedings under the Proceeds of Crime Act 2002.
As well as acting on a private basis for individuals responding to such applications, he is regularly instructed by His Majesty’s Revenue and Customs, the National Crime Agency and the Metropolitan Police to make applications for the forfeiture of seized cash and money held in bank and building society accounts. Current / recent instructions include:
Representing HMRC in a case involving a total of nine linked applications for account forfeiture orders and cash forfeiture orders totalling well in excess of £4.5 million (led by James Fletcher);
Acting for the Metropolitan Police in relation to a cash seizure which took place as part of a joint Met and FBI investigation into international cyber crime, fraud and money laundering;
Representing HMRC and successfully resisting an application to set aside an AFO made in relation to over £1 million;
Acting for the NCA and successfully forfeiting £2 million (the largest single cash seizure at the UK border in 2020) seized from a cash courier working for an international OCG specialising in money laundering;
Instructed to represent an international fashion dealer in a contested application for an AFO worth over £100,000. Dan secured the release of funds from the frozen account for the respondent to fund his legal expenses.
Dan also has experience in listed asset detention and forfeiture cases.
He also acts in confiscation proceedings (including where he is instructed specifically to deal with confiscation) and has experience of contesting applications for confiscation orders and securing significantly reduced orders. Before coming to the Bar, Dan assisted in the defence of confiscation proceedings which followed on from the SFO’s prosecution of the UK’s biggest ever mortgage fraud (R. v. Kallakis & Williams), involving a loss to AIB and RBS of over €1 billion.
Dan has provided seminars on these areas to instructing solicitors and enforcement officers and has written articles on the developing law in relation to the use of unexplained wealth orders (UWOs) and abuse of process in AFFO case
Closely linked to his work in asset forfeiture and confiscation, Dan has experience dealing with serious business and financial crime cases.
Recent / current instructions include:
Instructed as disclosure counsel in relation to the SFO prosecution of G4S;
Acting as Independent Counsel conducting a large-scale LPP review in relation to one of the SFO's largest and longest-running investigations into serious international bribery and corruption;
Instructed to act as disclosure counsel for a major multi-national company in relation to an internal investigation into potential bribery offences, running in parallel to international arbitration proceedings.
CRIMINAL PROSECUTIONS - PRIVATE & PUBLIC
Dan is a Grade 3 CPS Prosecutor on the General Crime list as well as a Specialist Prosecutor for the Serious Crime and Proceeds of Crime Groups. Over the years, he has developed a reputation as a scrupulously fair prosecutor.
He has been instructed to prosecute cases arising from Operation Venetic, the largest law enforcement operation in UK history, relating to the use of evidence obtained from the Encrochat secure communications system.
Dan’s principal area of practice is serious crime. He is instructed to act in relation to the full range of criminal offences, but particularly cases of serious violence, serious sexual offences, offences related to the supply of drugs as well as weapons offences (including firearms).
Alongside his Crown court practice, Dan maintains a practice in the magistrates’ court where he accepts instructions on a private basis to defend in general criminal matters as well as road traffic cases.