Rachel Ferrari (née Clark)

Acting for the respondent, secured the withdrawal of account forfeiture proceedings against her client, together with a £10,000 costs order against the BTP applicant authority.

Represented the ‘affected person’ in 2-day contested account forfeiture proceedings brought by HMRC. Received praise for her “impeccable eye for detail” and being able to “guide us and the client skilfully throughout the process. Her knowledge of the law and the procedure reassured us and the client. It was a pleasure working with Ms Clark and we would gladly work with her again. She was responsive and approachable.”

Acting alone, advised on the Medicines and Healthcare products Regulatory Agency’s (MHRA’s) largest ever crackdown on organised medicines trafficking:

Acting alone, advised the Respondent to account forfeiture proceedings brought by Kent Police, and parallel tax tribunal proceedings against HMRC.

Advised on the risks of an unexplained wealth order being issued against a high-profile individual.

Currently instructed by the Financial Conduct Authority as sole POCA counsel on two separate confiscation investigations, as well as related cash forfeiture proceedings.

Defending confiscation proceedings, secured a 90% reduction in the benefit figure (reduced from over half a million pounds to less than £48,000), through detailed written submissions and in-person negotiations. The proceedings involved complex accounting evidence, together with legal argument on the principles concerning joint benefit and the weight to be afforded to nuanced sentencing remarks.

Instructed as sole counsel by the applicant in relation to 19 interlinked applications for freezing orders (and thereafter, forfeiture) under Part 5 POCA 2002, concerning trade-based money-laundering and the sale of illegal vapes.

Acted as sole counsel for the Metropolitan Police Service in 6-day contested cash and account freezing and forfeiture proceedings involving allegations of money laundering and legal arguments concerning disclosure, civil procedure, and expert evidence. Successfully secured forfeiture in all nine applications, together with costs exceeding £22,400. Instructed by the MPS in the ongoing appeal before the Crown Court.

Successfully countered abuse of process arguments to secure cash forfeiture.

Has also advised on the risks of an unexplained wealth order being issued against a high-profile individual.

Led by Christopher Convey, represented D1 in money-laundering proceedings at Isleworth Crown Court, involving legal argument as to the appropriate method for calculating the financial value of the offending, and in which the Court ultimately adopted the defence’s reasoning.

Led by Narita Bahra KC in a high-profile romance fraud trial involving 10 complainants, a 20-count indictment, and complex disclosure and abuse of process arguments. Previously secured in excess of £68,000 in wasted costs in the same proceedings.

Co-drafted advice on varying an enforcement receivership order in a multi-million-pound boiler room fraud.

Led by Christopher Convey, represented D2 in multi-million-pound fraud, money laundering and misconduct in public office proceedings at Southwark Crown Court.

Advised a company on challenging HMRC’s decision to cancel its registration under the UK anti-money laundering regime, in a matter involving allegations of CJRS (furlough) fraud and PAYE irregularities.

Instructed as sole defence counsel in drug and money laundering proceedings, before Leicester Crown Court; secured abandonment of the money laundering count by the Crown and a suspended sentence with no conditions attached post-trial for the PWITS of circa 3.7kg of cannabis. In the ensuing confiscation proceedings, secured a 23% reduction in the benefit figure by challenging the Crown’s calculations based on potential yield.

Co-advised in the preparation of an expert opinion for an arbitration concerning international corruption.

Regularly advises on POCA 2002 implications, both pre-charge and during the currency of fraud and money laundering proceedings.

Drafted anti-money laundering, anti-bribery, whistleblowing and prevention of tax evasion policies and procedures for a high-value collectibles business.

Led by Narita Bahra KC in an application to the Court of Appeal, seeking permission to appeal against conviction, in relation to an historic conviction for theft of gold bullion and firearms offences, and involving allegations of entrapment.

Led by Narita Bahra KC in a murder trial involving extensive expert evidence, representing a vulnerable mother with severe physical impairment, learning difficulties and a mental age under 12.

Represented the Crown in a 3-day youth trial of a defendant charged with being concerned in the supply of Class A drugs, where modern slavery was raised. Praised by the Justices for “professional and sensitive cross examination”.

Led by Christopher Convey, represented D2 in multi-million-pound fraud and money laundering proceedings at Southwark Crown Court.

Led in a high profile ‘Article 2’ jury inquest.

Prosecuted a 4-day trial of a defendant charged with 15 offences relating to controlling and coercive behaviour, together with linked assault and criminal damage charges, securing convictions on 13. Successfully opposed the appeal against conviction in the Crown Court.

Co-drafted advice on varying an enforcement receivership order in a multi-million-pound boiler room fraud.

Led by Christopher Convey, represented D2 in multi-million-pound fraud, money laundering and misconduct in public office proceedings at Southwark Crown Court.

Advised a company on challenging HMRC’s decision to cancel its registration under the UK anti-money laundering regime, in a matter involving allegations of CJRS (furlough) fraud and PAYE irregularities.

Regularly advises on POCA 2002 implications, both pre-charge and during the currency of fraud and money laundering proceedings.

Led by Narita Bahra KC in high-profile romance fraud trial involving 10 complainants, a 20-count indictment, and complex disclosure and abuse of process arguments. Previously secured in excess of £68,000 in wasted costs in the same proceedings.

Currently instructed in relation to a customs duty and import VAT dispute with HMRC.

Advised the Respondent to account forfeiture proceedings brought by Kent Police, and parallel tax tribunal proceedings against HMRC.

As part of a team, assisted with corporate internal tax investigations and related extensive disclosure exercises. Heavily involved in drafting related advice on protecting legal professional privilege in such circumstances.

Advised a company on challenging HMRC’s decision to cancel its registration under the UK anti-money laundering regime, in a matter involving allegations of CJRS (furlough) fraud and PAYE irregularities.

Assisted King’s Counsel in advising on an investigation into the corporate offence of the failure to prevent the facilitation of tax evasion.

Successfully acted for the taxpayer in an appeal concerning the tax treatment of a quarter of a million pounds received by the appellant over 10 years ago. The appeal involved detailed argument as to the availability of HMRC’s power to issue a discovery assessment under s.29 TMA 1970, including whether the taxpayer had acted ‘deliberately’.

Secured a settlement with HMRC regarding the valuation of a property in a tax dispute for a high-net-worth client based in Kuwait. Praised by the client for being “pro-active, prompt, honest, pragmatic”.

Assisted with urgent advice on a civil tax fraud investigation (COP 8), including as to the risk of civil evasion penalties.

Involved in multiple tax judicial reviews, including in case strategy and procedure prior to proceedings before the Administrative Court, and an application for permission to appeal to the Supreme Court.

Strategic and day-to-day involvement in a major tax appeal for a Fortune 500 company before the First-tier Tribunal and then Upper Tribunal, spanning 3 years.

Led by Christopher Convey, represented D2 in multi-million-pound fraud, money laundering and misconduct in public office proceedings at Southwark Crown Court.

Currently instructed by the Financial Conduct Authority as sole POCA counsel on two separate confiscation investigations, as well as related cash forfeiture proceedings.

Advised a company on challenging HMRC’s decision to cancel its registration under the UK anti-money laundering regime, in a matter involving allegations of CJRS (furlough) fraud and PAYE irregularities.

Assisted King’s Counsel in advising on an investigation into the corporate offence of the failure to prevent the facilitation of tax evasion.

Instructed as sole counsel by the applicant in relation to 19 interlinked applications for freezing orders under Part 5 POCA 2002, in relation to an investigation into suspected trade-based money-laundering and the sale of illegal vapes.

Assisted with urgent advice on a civil tax fraud investigation (COP 8), including as to the risk of civil evasion penalties.

Involved in multiple tax judicial reviews, including in case strategy and procedure prior to proceedings before the Administrative Court, and an application for permission to appeal to the Supreme Court.

Previously led by John Carl Townsend in high value, international, multi-claimant High Court civil fraud proceedings involving strategic advice on a freezing injunction, Norwich Pharmacal Order, and Bankers Trust relief.

Assisted with urgent advice on a civil tax fraud investigation (COP 8), including as to the risk of civil evasion penalties.

Advised on a complex payment schedule to defence pleadings in civil fraud proceedings relating to a claim brought under Kuwaiti, Swiss and English law based on allegations concerning bribery and money laundering.

Currently instructed as sole counsel by the FCA in forfeiture and confiscation proceedings relating to the proceeds of an unregistered crypto ATM business.

Acted and advised as sole POCA counsel on search and seizure warrants and pre-charge restraint in a money laundering investigation into an organised criminal group believed to have transferred over £35m, including via the extensive use of cryptocurrency.

Regularly advises on cases involving breach of MLR 2017, including where criminal or civil recovery proceedings are involved.

Drafted anti-money laundering, anti-bribery, whistleblowing and prevention of tax evasion policies and procedures for a high-value collectibles business.