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9 Carmelite Street
London EC4Y 0DR
Tel: 020 7936 6300
Fax: 020 7936 6301
Out of Hours Number:
07760 261 795
Email clerks team
LDE: 226
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| Gerard Hillman |
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EDUCATION
LL.B (Hons) Law and Spanish, Cardiff University and Universidad Pontificia Commillas – ICADE, Madrid
CALLED 1999, Gray’s Inn |
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PRACTICE
Criminal defence advocate with a particular emphasis in:
1. Complex fraud;
2. Confiscation;
3. Asset Recovery; and
4. Regulatory
Gerard is also experienced in civil law, Judicial Review proceedings, VAT and Duties Tribunal and the Solicitors Disciplinary Tribunal.
NOTABLE CASES
Fraud
Regina v Chahal (Crown Court at Southwark)
First named on an indictment alleging the fraudulent evasion of £15 million from a major high street bank. Mr Chahal was the director of one of the companies through whom the money was transferred, allegedly under the cover of 6 substantial mobile telephone deals. The background to the case involved allegations of substantial MTIC/carousel related activities. Trial lasted 4 months.
Regina v J (Crown Court at Cardiff)
First named on the indictment in a case concerning an alleged fraudulent acquisition tax scheme leading to the alleged evasion of £15 million of VAT. The system employed for the alleged fraud involving the VAT 414 scheme which concerns the importation of cars into the UK is alleged by the Crown to mirror the system employed in MTIC/carousel frauds with missing traders etc. Trial listed for 3 months.
Regina v R (Crown Court at Worcester)
First named on the indictment in an alleged investment scam, run from Northern Cyprus and the Czech Republic, prosecuted by the Serious Fraud Office. The value of the alleged fraud is just under £2 million as the authorities intervened shortly after the scheme is alleged to have commenced. Trial listed for 3 months.
Regina v Breeze (Crown Court at Ipswich)
Represented chief executive of a private psychiatric hospital who was first on the indictment (of 2 defendants) in an alleged multi-million pound fraud against a number of Primary Care Trusts (NHS). Case involved significant local press interest in Norfolk both before and after the prosecution being forced to offer no evidence prior to the conclusion of their case.
Regina v Owen (Crown Court at Doncaster)
DWP prosecution of a paralysed man who was alleged to have dishonestly received incapacity benefit. The defendant was alleged to have been trading motor vehicles.
Regina v F (Crown Court at Durham)
Representing the second named defendant on an indictment with 5 defendants. The case alleges that the defendants fraudulently received approximately £1 million in grants from Europe.
R v C (Crown Court at Blackfriars)
2 month trial involving 2 antique dealers who were alleged to have targeted wealthy individuals in fashionable areas of London. The allegations included an alleged benefit of over £600,000. The indictment contained 21 counts including conspiracy to defraud and money laundering. Defendant was acquitted on all counts.
R v Andrew Bondswell (Crown Court at Chester)
Alleged fraud committed by someone improperly holding themselves out as an Independent Financial Advisor. Indictment included 31 counts alleging a fraud of in excess of £1 million through the use of derivatives and C.F.D.s
R v Jason Bridden (Crown Court at Southwark)
Indictment alleging a conspiracy to launder £16 million arising out of an MTIC fraud valued at £202 million. Defendant was acquitted after trial lasting several months.
R v Todor (Crown Court at Northampton)
Director of logistics company alleged by HMC&E to have conspired to evade duty in respect of tobacco. The value of the fraud was placed in the hundreds of thousands of pounds. Defendant acquitted after trial.
R v Zec (Crown Court at Worcester)
Alleged conspiracy to evade duty imposed on tobacco assessed at approximately £15 million. Trial lasted several months.
R v Smith (Crown Court at Maidstone)
Alleged conspiracy to evade duty imposed on tobacco assessed at approximately £15 million. Trial lasted several months.
Non Fraud
Regina v Dao (Crown Court at Norwich)
A number of defendants having links to the Vietnamese community who were charged with being involved in the setting up and running of cannabis factories in London, Norfolk and Lincolnshire. Trial lasted 3 months.
R v Deioia & Others (Crown Court at Southwark)
Representing client charged with substantial graffiti of the transport networks in the UK and Germany.
Director of the Asset Recovery Agency v R. (High Court of Justice)
Represented client accused by SOCA of having substantial amount of recoverable property.
Regulatory
Horseracing Regulatory Authority v Brian Reilly & Others (Horseracing Regulatory Authority, Shaftesbury Avenue, London)
A jockey who faced allegations of corruption in racing following suspect betting on Betfair betting exchange.
Horseracing Regulatory Authority v Francis Ferris & Others (Horseracing Regulatory Authority, Shaftesbury Avenue, London)
A jockey who faced allegations of corruption in racing following suspect betting on Betfair betting exchange.
Horseracing Regulatory Authority v Tony Culhane & Dean Mernagh & Others (Horseracing Regulatory Authority, Shaftesbury Avenue, London)
Represented 2 jockeys facing allegations of corruption in racing following suspect betting on Betfair betting exchange.
REPORTED CASES
R. (Barrat & Co.) v Legal Services Commission [2003]
EWHC Admin, October 22, 2003, Archbold News, LSC Focus
Institute of Directors v Commissioners for Customs & Excise [2003]
STC 25, [2002] EWCA Civ 1814
Commissioners for Customs & Excise v Kingscrest [2002]
STC 490, [2002] EWHC 410 (Ch)
Regina v Graham Smith (Court of Appeal neutral citation [2008] EWCA Crim 3252)
Successfully argued that an employee of a freight forwarding company was not liable for the value of the entire fraud for the purposes of confiscation under the Criminal Justice Act 1988 (following the House of Lords’ Opinion in Regina v May & Others and Regina v Jennings & Others). Accordingly a benefit figure of in excess of £15 million was reduced to “nil”. HMRC employed Standing Counsel to lead trial Counsel at the Court of Appeal.
OTHER INFORMATION
Spanish speaker
Member of Criminal Bar Association
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