Jonathan Lennon

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Asset Recovery

Jonathan is frequently instructed by both Government agencies and private individuals in a wide range of issues arising from asset recovery.  These include issues surrounding confiscation orders, receiverships, restraint orders and international mutual legal assistance.

SFO v N (2015-16).  Acting as junior counsel for the SFO on behalf of overseas agency.  Prohibition Order in place under POCA in support of a civil recovery claim to be made pursuant to foreign request in overseas civil proceedings against assets said to be the proceeds of crime.  

Serious Fraud Office v Saleh (2015).  Acting as junior counsel for the SFO.  S was a spouse of an African diplomat based in the USA.  S was suspected of being in receipt of the proceeds of bribery by a Canadian firm that had secured oil exploration rights in Chad.  The proceeds were said to include shares in the bribing company – those shares were sold on the London Stock Exchange thus establishing SFO jurisdiction to freeze the assets and seek a civil recovery order.  S claiming that a spate Canadian court ruling that was in rem prevented the SFO from making an claim against the money.  SFO successful in High Court ([2015] EWHC 2119 (QB)), S is appealing to Court of Appeal in November 2016. 

R v G (2014-2015) Old Bailey.  Acting for CPS in contempt of court proceedings against G.  Further litigation resisting a defence application for decrease in confiscation order (s23 of POCA) and successful application to increase the confiscation order and default term. 

R v O (2014); Wood Green Crown Court.  Acting for defendant in significant confiscation proceedings. 

Serious Fraud Office v Z (2014) acting as junior counsel for SFO in case involving restraint order against proceeds of an ex-public official from Ukraine. 

HMRC v K (2011); High Court.  Acting for 3rd party ex-wife in s77 Criminal Justice Act 1988 proceedings seeking enforcement of confiscation order.

U.S. Securities & Exchange Commission v G. Manterfield (2009) High Court. Lloyds Law Reports, 334.  Junior counsel in a significant case where the US authority sought to freeze the assets of a US based British hedge fund manager who the SEC were pursuing in a civil action in the US.  The SEC sought a freezing injunction from the High Court; issues included whether High Court could issue freezing injunction to overseas body seeking to enforce a foreign penal law – it was successfully argued that one of the US civil remedies was in fact penal; applying Art 6 of the European Convention.

Re X (2009) Advising in relation to a UK company contract with a Saudi re sale of military hardware and implications of new Bribery Act 2010.

Cancer Research UK v Morris & Morris (2008), High Court ([2008] EWHC 2678 (QB)); Executive employee of charity accused of defrauding the charity; charity then sought to freeze assets in the High Court. Successful submissions preventing use of  information gathered by employee in investigation being passed onto police in criminal investigation.