2002-2008 Licensed Advocate on Isle of Man
2009 – Licensed for Direct Access Work
Education
BSc (Economics and Law) - Plymouth Polytechnic
MA (Industrial Relations and Employment Law) - Warwick University
Practice
- Criminal defence work – Fraud, Money Laundering, Confiscation and related Regulatory proceedings.
- Claimant civil actions against the Police and Prison Service – advisory, pleadings and trial representation.
- Representation provided at VAT & Duties Tribunal hearings (1st and 2nd Tier)
Colin Wells may now accept work directly from the public. For further details contact his clerks.
Colin Wells is associated with the following areas of expertise:
Crime
General Fraud
Human Rights Law
Regulatory and Disciplinary
White Collar Crime
Cases
Fraud and Financial Regulation
- SFO v O (2010-12) Conspiracy to Defraud, Fraudulent Trading, Financial Services and Markets breaches, POCA Money Laundering and Hampering an Investigation. SFO prosecution, of alleged £4.1 million "boiler-room" fraud, involving Canadian stock exchange stock and UK AIM. Background of Company Director Disqualification proceedings and regulatory involvement of the English FSA, Irish and Spanish counterparts. Allied Contempt-extradition proceedings in Court of Appeal (speciality rule under section 151 of Extradition Act 2003).
- Greener Solutions Ltd v Commissioners (2010-12) - VAT Tribunal 2ndTier - knowledge to be imputed to trader of agent in VAT reclaim with MTIC background, of recycled mobile telephones.
- Triton Communication Limited v Commissioners (2011-12) - VAT Tribunal - appeal £2.6 million reclaim on behalf of company and sole trader, with MTIC background, of computers.
- R v J (2009-12) (Operation Vaulter) MTIC VAT fraud. Cheating the public revenue of £20 million VAT and associated POCA money laundering counts, through various companies in Dubai, Poland and Tanzania through FCIB money transfers. Allied Restraint proceedings
- R v H (2010-11) (Operation Ghast) MTIC VAT fraud. Four conspiracies to cheat the public revenue of £19 million with associated money laundering counts, relating to the purchase and sale of sim-card adaptors, with FCIB money transfers. Computer disk material containing £5 billion worth of “fraud-kit”. Issues of Legal Professional Privilege.
- R v P – (2004-2009)(Operation Campaign) £44 million MTIC VAT fraud involving Hexagon computer banking transfers and cloned companies in Hong Kong with hidden assets (Dubai, Malta and Hong Kong) and recusal arguments mounted in the Court of Appeal. Related Ancillary Relief proceedings in High Court Family Division.
- R v P – (2009) “Ponzi” fraud involving spread betting, share trading and Royal Protection Police officers.
- R v F – (2009-10) £5 million “Ponzi” high yield investment fraud, over 4 year period, with associated POCA and FSMA breaches.
- R v H – (2007-8) - Defrauding the public revenue of £1.9 million, national insurance on “ghost” labour.
- R v B – (2004-6) MTIC VAT carousel fraud, involving contra-trading and legitimate “hijacked” businesses, delay abuse of process arguments.
- R v A – (2005) Local Authority public servant corruption
Crime
- R v S (2011-12) POCA Money Laundering as part of “hidden assets” confiscation finding in tobacco duty evasion fraud with benefit figures of £1 million. Legal issues of abuse of process re delay, management receiver fees suffered in Restraint proceedings.
- R v M (2011-12) DEFRA prosecution of the largest European supply of illegal veterinary medicines contrary to the Medicines Act and Veterinary regulations, with associated POCA money laundering (£5.6 million)
- Marine Maritime Organisation v F (2011) – MMO prosecution of a waste management company (in administration) and a company director, involved in the demolition and dredging of Falmouth docks (a site of Special Scientific Interest) contrary to the Food and Environmental Protection Act 1985, depositing silt contaminated with toxins, without a licence
- R v L (2011-2) – Drug trafficking of 40 kilos of cocaine and associated POCA money laundering (£5.5million) spanning nearly a decade of property investments in the UK and Europe, with off-shore trusts and companies domiciled in Mauritius, the Seychelles, Azerbaijan and Switzerland.
Reported Cases
- R v Maidstone Crown Court, ex parte Schultz and Steinkeller (1993) COD 183, DC (Custody Time Limits Judicial Review )
- R v Kinsella (1995) 16 Cr.App.R.(S) 1035, CA (Warrington gasholder bombing, admissibility of IRA political memorabilia)
- Merthyr Tydil Crown Court, ex parte West and others Archbold News Issue 5 June 1997, 2, CO4481/96 (Custody Time Limits Judicial Review)
- R v Wakeman (1999) 1 Cr.App.R.(S) 222, CA (Supply of Ecstasy sentencing authority)
- R v Piggott [2009] EWCA Crim 2292, Archbold News 10 (2009) (Confiscation Appeal in MTIC fraud, relating to recusal and default time period)
- R v Quinn [2010] 1 Cr App R (S) 34 (Drug trafficking sentence for importer)
- Commissioner v Greener Solutions Limited - Upper Tribunal (Tax and Chancery chamber) [2012] UKUT 18 TCC, (agent knowledge imputed to trading company)
- OB v Director of Serious Fraud Office [2012)] EWCA Crim 67 (whether a contempt of court flowing from a breach of a s.41 POCA restraint order constitutes a civil or criminal contempt, interpretation of Art. 18 of the United Kingdom – United States Extradition Treaty 2003, speciality rule Extradition Act 2003)
Articles & Publications
Book - 'Abuse of Process - a practical approach', 2nd edition published by Jordan Publishing, December 2010. For further details please click here.
Contributor to "Sex Workers & the Law" - published by Release, May 2011
Contributor to "Fraud: Law, Practice and Procedure". - published by Lexis Nexis 2011 chapter 30 Abuse of process
Articles on Criminal Procedure published in Solicitors Journal, New Law Journal, Legal Executive, Criminal Bar Quarterly, Legalhub, Crimeline, The Barrister, Counsel, Criminal Law & Justice Weekly.
Recent articles
- Costs Orders against the CPS - 378 (2011) 175 JPN Criminal Law & Justice Weekly
- Tainted Gifts under the Criminal Justice Act 1988 - download here
- Prosecution Witness Disclosure - 282 (2011) 175 JPN Criminal Law & Justice Weekly - 14 May 2011
- Prosecution Misconduct - Criminal Law & Justice Weekly - 234 (2011) 175 JPN April 2011 - download here
- Fitness to Plead 162 (2011) 175 JPN - Criminal Law & Justice Weekly - 19 March 2011 - download here
- Reaction to Accusation 98 (2011) 175 JPN- Criminal Law & Justice Weekly - 28 February 2011 - download here
- Sensible Prosecuting & Article 26 (Human Trafficking) - 34 (2011) 175 JPN - Criminal Law & Justice Weekly
- Aggressive Compliance -Criminal Law & Justice Weekly - 13 November 2010.
- Electronic Tagging – Criminal Justice and Immigration Act 2008 – Solicitors Journal May 2009
- Police & CPS on Juries - Criminal Bar Quarterly April 2008.
- Representation in Confiscation Proceedings & Unfairness - Criminal Bar Quarterly issue 3.
- Systematic disclosure failures at HMRC – Solicitors Journal 8.1.08
- Abuse of Process as an appeal ground – Criminal Bar Quarterly March 2007
Associated Work
- Panel member of the VHCC Appeals Committee
- Bar Pro Bono Unit (Criminal Law Reviewer)
- CPD accredited speaker on Criminal Procedure
Professional Memberships
- European Criminal Bar Association
- Proceeds of Crime Lawyers Association
- Association of Regulatory and Disciplinary Lawyers
Directories
Recommended as a leading junior in fraud in Chambers and Partners UK 2012
"a tough defender of client interests"
Contact
T. 020 7067 1500
