Nick Barnard

Senior Associate (Solicitor), Corker Binning

Nick has been a solicitor at Corker Binning specialising in crime and regulatory defence since 2014. He routinely advises and represents individual and corporate clients in a range of financial, tax and business crime and regulatory matters, including investigations by the SFO, the NCA, the FCA and the FRC. He also has expertise in general crime matters and police station advice on offences ranging from murder, rape and grievous bodily harm to VAT fraud, drink-driving, possession of indecent images and misconduct in public office.

Career highlights include:

Advising a client involved UK FCA and US Department of Justice investigations, and subsequent UK–US extradition proceedings, arising out of loans worth $2bn made by European banks and guaranteed by the Government of Mozambique.
Representing a client prosecuted for conspiracy to defraud arising from participation in allegedly fraudulent tax avoidance schemes. All charges were subsequently dismissed or discontinued and the client received a six-figure costs award.
Advising a professional interviewed under caution by the SFO concerning alleged false accounting and failure to report knowledge or suspicion of money laundering, and representing the same client in subsequent FRC regulatory proceedings.
Advising multiple clients interviewed under caution by the SFO in relation in relation of alleged LIBOR manipulation, corrupt payments to foreign officials, false accounting and conspiracy to defraud.
Advising clients subject to the Proceeds of Crime Act 2002, including Restraint Orders, Accounting Freezing Orders and Moratorium Applications.
Representing clients in FCA investigations into fitness and propriety, unauthorised regulated activity and breach of Money Laundering Regulations.
Advising on potential liability of companies and directors in respect of corporate manslaughter, gross negligence manslaughter and health and safety offences.

Contributed to

2

Civil tax fraud investigations—Code of Practice 9

Practice Notes

This Practice Note explains the practice and procedure for an HMRC Code of Practice 9 (COP9) civil investigation into suspected tax fraud. It includes information on the contractual disclosure facility, denial or non-co-operation route, criminal investigations and COP9, the disclosure regime, and reaching (and not reaching) an agreement with HMRC in relation to civil tax fraud.

Corporate Crime

Money laundering offences—the arrangement offence

Practice Notes

This Practice Note explains the money laundering offence of being involved in an arrangement resulting in the acquisition, retention, use or control of criminal property by another person under section 328 of the Proceeds of Crime Act 2002 (POCA 2002). This is one of the three principle money laundering offences under POCA 2002. It deals with the necessary elements of the arrangement offence, including what is meant by criminal property and the definition of criminal conduct for the purposes of money laundering. It also covers possible defences to the POCA 2002, s 328 offence, including making authorised disclosures (known as suspicious activity reports (SARs)) to obtain consent for transactions as part of anti-money laundering measures, and touches upon what is the threshold amount under POCA 2002, s 339A for the purposes of a defence afforded to a deposit-taking body and other regulated sector businesses. It also explains sentencing for this money laundering offence.

Corporate Crime