Barristers
Paul Sharkey
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- Cases of interest
- Reported cases
Called2000 |
AppointmentsAppointed to the CPS Advocate Panel at Level 3 |
Practice Areas and SpecialisationsPaul prosecutes and defends in all areas of criminal law, but recent practice has focused on fraud, the supply and importation of drugs, serious violence and public disorder as well as regulatory offences. Fraud In recent years Paul has acted, both alone and as junior counsel, in a number of substantial fraud cases, including cases of MTIC VAT carousel fraud, VAT repayment fraud, conspiracy to defraud, money laundering and related confiscation proceedings. Recent instructions include: • Operation Fastback (Newcastle Crown Court - 2011) - A £360m MTIC VAT carousel fraud. One of the biggest frauds of this kind ever prosecuted. Convictions secured against six defendants for Conspiracy to Cheat the Revenue and false accounting. • Operation Dandelion (Central Criminal Court - 2011-2012) Conspiracy to commit fraud by false representation. Prosecution of 6 defendants involved in mortgage frauds in relation to high value properties in London. • Operation Devout 2 (Northampton Crown Court – 2012) confiscation proceedings following a large-scale MTIC fraud. • R v Kohli (Birmingham Crown Court – 2010) – prosecution of company director for laundering proceeds of MTIC fraud. • Operation Callous (Wolverhampton Crown Court - 2010) – Prosecution of an accountant and four other defendants in a VAT repayment fraud, causing a loss to the Revenue in excess of £2.5 million. Paul is highly skilled at dealing with cases involving a significant amount of documentary, financial and expert evidence and at presenting complex and difficult cases to juries, including through the use of EPE. Paul is regularly instructed by the CPS Central Fraud Unit, the Department for Work and Pensions and the Department for Business Innovation and Skills. Paul is also experienced at dealing with cases of benefit fraud, tax credit fraud, duty evasion and prosecutions of company directors under the Companies Act and Insolvency Act. Drugs Paul has real expertise in cases involving the importation and supply of drugs, and is regularly instructed by the RCPO, the CPS Organised Crime Division and the UKBA. He has extensive experience of dealing with difficult disclosure, PII and RIPA issues in such cases and is familiar with the range of evidential tools often used: telephone evidence (cell-site, phone billing, phone interrogation), observation evidence, tachograph evidence, drug valuation evidence, other forensic evidence and evidence obtained through co-operation with foreign jurisdictions through mutual assistance and Letters of Request. Recent cases include:
He was instructed as junior counsel to Standing Counsel to the RCPO to conduct a review of a number of historic cannabis importations and to advise on disclosure in future cases (Rip-On Review). Confiscation
Paul has prosecuted and defended numerous substantive confiscation hearings, in particular following on from convictions for fraud and drugs offences. He has extensive knowledge of confiscation legislation both under the former regime of the Criminal Justice Act 1988 and the current Proceeds of Crime Act 2002. He is currently instructed as junior counsel in Operation Devout 2 to deal with the confiscation proceedings arising out of the conviction of a number of defendants in a large-scale MTIC fraud. As junior counsel in Operation Callous, a VAT repayment fraud, he advised extensively on the confiscation proceedings, eventually securing the making of a confiscation order of over £1m against the principal defendant. He acted alone (having been led at trial) for the defendant in R v Sharma, confiscation proceedings following a conviction for conspiracy to defraud, and in the subsequent Court of Appeal proceedings, one of the guideline cases on benefit under the Criminal Justice Act 1988. He regularly deals with and advises on enforcement proceedings, restraint and applications to vary confiscation orders and certificates of inadequacy. He also has wide experience of civil cash forfeiture proceedings under Part 5 of the Proceeds of Crime Act 2002, having undertaken a secondment with the cash forfeiture team of HM Revenue and Customs and having appeared in many contested forfeiture hearings. Violent Crime and Public Disorder Paul regularly defends in cases of serious violence and public disorder. Recent cases include acting for one of the defendants involved in a large-scale public disorder following a football match, and acting for defendants charged with kidnap, robbery and section 18 Grievous Bodily Harm. Regulatory Offences Paul regularly deals with regulatory offences dealt with by local authorities, including Westminster City Council and the Royal Borough of Kensington and Chelsea. He has experience of prosecutions under health and safety legislation relating to food safety and residential properties, under the Environmental Protection Act 1990 (noise nuisance, unlicensed waste disposal) and the Town and Country Planning Act 1990. Recent instructions include:
Paul is experienced at dealing with expert evidence from Environmental Health Officers and has become familiar with the risk assessment systems used for food business operators (HACCP) and residential premises (HHSRS). |
Education and QualificationsCertificat de Droit Francais - BordeauxM.Sc. Criminology LL.B (Hons) |
MembershipsSouth Eastern CircuitCriminal Bar Association |
LanguagesFrench |
Cases of Interest
Reported Cases
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