Emmlegal

The ongoing Dr Gerald Smith saga continues as the Serious Fraud Office (“SFO”), through enforcement receivers, continues to attempt to enforce a confiscation order made 16 years ago. This has led to a series of proprietary claims by various parties as against assets which the enforcement receivers say are part of the realisable property. As recently as last week, enforcement receivers successfully sought from Mr Justice Foxton a declaration that a house in Ascot, legally owned by Dr Smith was also beneficially owned by him. The executor of Dr Smith’s late mother’s estate, his brother Anthony, supported by evidence from Dr Smith and his ex-wife Dr Gail Cochrane, argued that the estate was beneficially held not by Dr Smith but by his late mother. Thus, argued the Smith parties, the asset was beyond the reach of the Bankruptcy Fraud enforcement receivers. The Smith parties’ evidence was rejected ( Milson & Standish (Enforcement Receivers) v. Smith  [2023] EWHC 255 (Comm)). Th...

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 Edmonds Marshall McMahon is a firm with ‘ unsparing attention to detail ’ that is ‘ the very model of how fraud cases should be prosecuted in the Magistrates and Crown Courts ’ (Legal 500). We are a unique firm of solicitors and barristers with an unrivalled track record in conducting major fraud prosecutions and regulatory work. Our founding partners have a combined 70 years’ experience in criminal justice.Founded in 2012, we offer a novel service to companies, organisations and individuals who have been Bankruptcy Fraud the victims of crime. We have significant experience in the private prosecution of offences of fraud, corporate dishonesty and financial crime. We can also advise clients on the best means of retrieving assets that are linked to the United Kingdom, and recovering the proceeds of crime, whether by civil asset recovery or criminal confiscation and compensation orders. We remain the only law firm in this country dedicated to private prosecution.We do not believe ...