We had some major wins in October!

Last month saw a very busy & successful month for Edmonds Marshall McMahon...

• The team secured the enforcement of an 8-year default prison sentence of Elie Taktouk in connection with a ￡4.5m Confiscation Order (read more on this further down).
• James Boulton, a company director, pleaded guilty to a decade long fraud and forgery after an investigation and prosecution by EMM, now moving towards sentencing (read more further down).
• We also secured two novel (currently confidential) NPOs in separate, hot pursuit, multimillion APP and crypto frauds, which served to locate stolen assets and, in one case, identify perpetrators.

Tamlyn Edmonds, Kate McMahon, Mai Holdom, Ashley Fairbrother, Jane Guthrie, Mike Jackson, Ben Siskind, Bridie Burnett

Congratulations were in order....

to Monique Iginla for passing her SQE1 exam and being promoted to Trainee Solicitor... well done Monique!

And we welcomed three new colleagues to Edmonds Marshall McMahon...

Three new faces joined the team in October; Freddy Faull and Rhys Evans joined us as Associates and Joe N. joins as a Senior Associate.

We were very proud of our 2025 rankings by Legal 500 & Chambers and Partners ...

We’re delighted to say that Edmonds Marshall McMahon was ranked amongst the best UK law firms, in the 2025 edition of?both Legal 500 & Chambers & Partners.

In Legal 500 - We've been ranked as a Tier 1 Firm in?Crime, fraud and licensing > Private prosecutions.

• Our Civil Fraud team has been ranked as a ‘Firm to Watch’ with special mentions to John Day & Ashley Fairbrother
• Our Regulatory Investigations and Corporate Crime team has also been ranked as a ‘Firm to Watch’ with special mention to Satnam Tumani.
• Several colleagues continue to stand out in multiple areas, including:Tamlyn Edmonds, Andrew Marshall, Kate McMahon – Leading Partners
• Satnam also holds his prestigious spot in the Hall of Fame while?John Day and Ashley Fairbrother are mentioned as Key Lawyers in Civil Fraud, along with Jane Guthrie, Fani Gamon and Mike Jackson in Private Prosecution.

Chambers and Partners ranked us as a?Band 1 Firm?in?Financial Crime: Private Prosecutions > London Firms

• We're especially proud of the individual recognition given to:Tamlyn Edmonds, Andrew Marshall, and Kate McMahon - all?recognised as?Band 1?in?Financial Crime: Private Prosecutions > London (Firms).
• Ashley Fairbrother was ranked?Band 2?in?Financial Crime: Private Prosecutions > London (Firms).
• Satnam Tumani was ranked?Band 2?in?Corporate Crime & Investigations > London (Firms).

A huge?congratulations?to the entire team for their hard work and commitment to excellence in the field of financial crime and private prosecutions. We're very proud to be recognised as leaders in this evolving area of law and we'd like to thank all our clients and colleagues for their ongoing support.

Crypto ATM's - Navigating the Regulatory Landscape.

As technology evolves, so does the regulatory environment. Crypto ATMs, once seen as a bridge between traditional banking and digital assets, now face serious legal challenges in the UK. The FCA’s recent enforcement actions, including the first criminal charges for operating unregistered machines, highlight the importance of compliance with anti-money laundering (AML) regulations. Natalie Tenorio-Bernal has written an article highlighting recent examples where the Financial Conduct Authority has issued warnings and taken legal action against unregistered operators.

Read more on this recent development here: https://lnkd.in/eiZN9r3s

???? Ready, Sett, Stop: lessons from a doomed prosecution under the Protection of Badgers Act 1992.

As we celebrated National Badger Day on October 6th, Carolina Cabral wrote a timely article about the recent High Court ruling in R (DPP) v Northampton Magistrates Court [2024] EWHC 2324 (Admin).

The ruling highlights the importance of thorough evidence gathering in wildlife cases and the pitfalls of moving forward without expert testimony. Carolina delved into the stringent criteria for awarding costs under s.19 of the Prosecution of Offences Act, emphasising how evidentiary gaps can impact prosecution outcomes and cost orders. It’s an interesting piece examining the intersection of wildlife law and judicial decision-making, and serves as a reminder of the legal protections in place for these iconic creatures. You can read the full article here: https://lnkd.in/egVhFqMn

Public Procurement in the Pandemic: Legal Implications

In Solicitors Journal last month, Tamlyn Edmonds & @Jack Walsh analysed Transparency International’s report on public procurement practices during the COVID-19 pandemic. The findings highlight significant transparency and accountability issues, with risks of inefficiency and mismanagement. It's an insightful article around governance, regulatory frameworks, and the legal safeguards necessary to protect public funds in times of crisis. For those interested in law, procurement, and public integrity, you can access the article on the SJ site here: https://lnkd.in/eTZGMdrK

Elie Taktouk's default Sentence Finally Enforced...

An 8-year term was imposed on Friday 10th October, for a fraudster's failure to pay an ￡4.5 million Confiscation Order issued by the court in May 2024.

On 3 November 2023, a Confiscation Order was made against Elie Taktouk, in the sum of ￡4,549,965, by Southwark Crown Court, under s.6 of the?Proceeds of Crime Act 2002. It remains unpaid. Last month saw Mr. Elie Taktouk’s default sentence activated. Elie was sentenced to 8 years in default of payment of the ￡4.5 million Confiscation Order. After two previously adjourned hearings, his sentence was activated 10 days prior to his anticipated release under the government's early release of prisoners scheme. You can read more on this challenging case, in an update by Mai Holdom and Kate McMahon here: https://lnkd.in/eAK52bUV

Company Director convicted of decade long fraud against his employer:

On Friday 11th October, at Folkstone Magistrates’ Court, former company director, James Boulton, pleaded guilty to seven counts of fraud by abuse of position (contrary to Sections1 and 4 of the Fraud Act 2006) and forgery (contrary to section 3 of the Forgery and Counterfeiting Act 1981).Between 2011 and 2023, James Boulton stole over ￡200,000 from his employer, Thanet based company Summit Aviation and its sister company Gloucester Jet Test Centre Ltd. Boulton had commenced employment at Summit in 1990.

Boulton used a combination of his seniority and autonomy within the business, and a large number of forged documents, both to justify the payments and cover his tracks. Boulton misappropriated monies by transferring money to his personal accounts as well as using company credit cards and bank accounts as though they were his own.

The fraud was initially discovered through an ordinary accounting invoice discrepancy. A significant internal investigation was then undertaken which revealed the true scale of the fraud.

The companies then instructed Edmonds Marshall McMahon to investigate and commence a private prosecution. Following a criminal investigation and commencement of a prosecution, Boulton was summonsed to appear before Folkstone Magistrates’ Court on Friday 11th October, where he plead guilty to the charges against him. The Judge stated that he had no doubt that his sentencing powers were insufficient. The case was committed for sentence to Canterbury Crown Court on a date to be advised. Boulton was remanded on unconditional bail.

APP Fraud update:

The introduction of the mandatory reimbursement requirement represents a pivotal development in safeguarding victims of Authorised Push Payment (APP) fraud. This recent measure ensures that victims are reimbursed more swiftly and efficiently, offering them greater financial protection. Additionally, by placing the responsibility on Payment Service Providers (PSPs) to share the reimbursement costs, the regime promotes enhanced fraud prevention practices within the financial sector. As fraud becomes more sophisticated in today’s digital landscape, it's a significant step toward bolstering financial security.

You can read more on this recent development, in Oliver Fredrickson s article, here: https://lnkd.in/eiKW4ZUY

Unchallenged Evidence: Why Courts Can't Afford to Ignore It!

Georgina Diamanti’s latest article, "Unchallenged Evidence Cannot Be Ignored by the Court", was published in the October 2024 edition of the Expert Witness Journal! It examines the recent High Court ruling on the admissibility of unchallenged evidence and its impact on trial fairness, highlighting key developments from the case of Yosser the Dog.

You can read the article in EWJ, here: https://lnkd.in/eWf5vXST

Payment Services Amendment 2024 - updated 30th Oct.

Given the recent updates, Oliver Fredrickson explores the 2024 Payment Services Amendment, which came into effect 30th October. This extends the investigation time for UK banks on potentially fraudulent transactions and provides them with crucial flexibility to conduct thorough checks, aiming to balance swift payment processing with enhanced fraud prevention.

You can read Oliver’s overview, here: https://lnkd.in/ecj8Z8YF

We became a proud member of the City of London Law Society (CLLS).

As part of the City of London Law Society (CLLS) community, we’re looking forward to contributing to vital conversations that help shape the legal profession, staying at the forefront of legal developments, sharing best practices and advocating for positive social change.

CHARITY FRAUD: Free Legal Advice every first Wednesday!

We're proud to support charities in their fight against fraud, offering dedicated expertise during challenging times. We offer a free legal advice clinic, specifically tailored to charities impacted by fraud, who need pragmatic legal guidance. This monthly service is designed to equip charities with the necessary tools to effectively address and manage fraudulent incidents. Charities can contact us on 020 7583 8392, to be granted access to our dedicated team of charity fraud experts. Clinics are scheduled for 30-minute consultations on the first Wednesday of each month, providing focused and specialised advice for your concerns. The next one is Wednesday 6th November.

Should the matter require immediate intervention, our specialists will provide swift support. Alternatively, any enquiries can be emailed to: [email protected].

We were recently successful in recovering close to 100% of stolen funds for Macmillan Cancer Support Cancer Support, detailed here: https://lnkd.in/eZMQ9fBT

Thank you for reading and we wish you a successful month ahead.

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