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Education

1994 University of London BA (Hons) History
1995 City University Diploma in Law

Practice

Samantha has developed a solid practice in regulatory, fraud and financial crime, regularly defending corporate defendants, in her own right as well as being led in major and complex criminal cases, examples of which can be found under cases. Most notably, however, she was instructed in R v Hendy-Freegard a trial which lasted nine months and has been described as one of the most elaborate and audacious frauds in British Criminal History. Samantha, who is methodical in the preparation of cases with an eye for detail, is accustomed to taking a pro-active approach from the start of proceedings vigorously pursuing pre-trial applications on disclosure, abuse of process and exclusion of evidence.

Samantha is experienced in money laundering proceedings including High Court and Crown Court restraint, confiscation and enforcement receiverships. Her experience in VAT frauds has led to her developing a practice in the VAT & Duties Tribunal representing appellant companies who have been denied input tax by HMRC.  

In addition, Samantha is experienced in prosecuting and defending other regulatory offences including Health & Safety, Food Safety and Environmental crime with particular expertise in waste management/environmental permitting and statutory nuisance. Her practice in these areas has resulted in appearances in the Divisional Court.

Samantha also retains a general crime element to her practice instructed in her own right and as a leading junior to defend drugs and violence offences.

She is currently instructed in proceedings in many parts of England predominantly in the areas of Fraud, VAT, Environmental crime and Kidnapping.

Samantha Riggs is associated with the following areas of expertise:

Crime
Environmental
General Fraud
Regulatory and Disciplinary
White Collar Crime

Samantha is also available for direct access work.

Cases

Fraud and Financial Regulation

  • R v H (Operation Euripus) Junior defence counsel acting for company director accused of money laundering the multi-million pound proceeds of one of the largest MTIC frauds tried involving multi jurisdictions.
  • R v B (Operation Vaulter) - Multi-handed MTIC fraud involving 19 defendants and money laundering estimated losses of at least £20 million.
  • R v TG - Multi agent prosecution in respect of an Indictment spanning over 6 years.
  • R v CW - Multi handed banking fraud and money laundering involving 19 defendants.
  • R v Chandler & Another Junior defence counsel acting on behalf of Company Director of Cross Country Cars Ltd, which carries on the business of importing and selling 4 wheel drive vehicles sourced from Cyprus and imported into the EU via Belgium who was charged with failing to account for VAT in excess of £900k and Corporation Tax of approximately £1million.
  • R v Molton & Others Junior defence counsel acting on behalf of the Chief Executive of West Yorkshire Metropolitan Air Ambulance (WYMAS) charged with conspiracy to defraud the NHS out of £250k by using his position at WYMAS to fund a failing business aimed at housing 1,000 Filipino nurses.
  • R v Robert Hendy-Freegard Junior defence counsel in a case of four counts of kidnapping by fraud, one of threats to kill and 18 financially based counts including theft, obtaining by deception and procuring the execution of a valuable security. During the course of the 8 months trial, the Crown alleged that Mr Hendy-Freegard posed as an MI5 agent and duped a group of wealthy students that they had been targeted by the IRA requiring them to go into hiding. He obtained approximately £700,000 from the students, via their families, by persuading them that money was needed to process their change of identity and keep them in a witness protection programme. Victims were misled for up to ten years, during which time they had almost no contact with their families, save to ask for money. Other victims were persuaded to give up cash to pay for their ‘Spy School’ training, and were ‘treated’ to lavish holidays funded from their own bank accounts.
  • DTI v L Junior defence counsel in case of £1.1m fraudulent trading in relation to high performance cars. DTI destroyed a bulk of L’s business documents belonging to alleged phoenix company. It was argued on behalf of the accused he could not receive a fair trial nor would it be fair to try him based upon the destruction. Following a lengthy abuse of process argument, which involved the calling of witnesses, the indictment was stayed. The argument was also extended to the second indictment charging L with acting as a company director whilst disqualified. This indictment was also stayed.
  • Trading Standards v LW(J) Ltd & MM Junior defence counsel for company and company director who were acquitted of an alleged £1.4 million jewellery hallmarking fraud led by Ronald Thwaites QC. The allegation against the accused involved 60 counts relating to the casting in of counterfeit hallmarks into genuine 9ct gold items to save the assay charges and obtaining by deception. It was alleged that 1.9 tons of jewellery supplied to Littlewoods and Argos contained counterfeit marks. The case turned on scientific and accountancy evidence.

Health and Safety

  • Asda Stores v Wandsworth BC [2007] EWHC 433 (Admin) Prosecuted Asda for offences under the Food Safety (General Food Hygiene) Regulations 1995 relating to a rodent infestation at the store. Asda sought to challenge the validity of the charges by way of Case Stated arguing they were bad for duplicity.  The Divisional Court held on the true construction of the Regulations, Schedule 1 paragraph 3 created more than one offence and differentiated between the need to protect against the contamination of the food and need to have adequate measures in place to ensure pests were controlled.
  • London Borough of Wandsworth v Asda Stores Prosecuted Asda for offences under HSWA and various regulations for a series of accidents (57 in total) that occurred on a travelator at the store resulting in personal injury to a number of victims. Successfully opposed an abuse of process application in respect of the fairness of the proceedings given the number of charges.

Crime

  • R v Wilson Junior defence counsel in two month, 6 handed murder. Currently awaiting hearing date for appeal against conviction resulting from systemic failure of the disclosure regime operated in the Thames Valley.
  • Robert Hendy-Freegard [2007] EWCA Crim 1236, (2007) 3 WLR 488, (2007) 2 Cr App R 27 (2007) Crim LR 986 Junior defence counsel in Court of Appeal led by Tim Owen QC on Appeal against Conviction of two counts of kidnapping by fraud and Appeal against Sentence before the Lord Chief Justice who held that the Crown’s attempt to search for an offence which would encapsulate all aspects of the appellant’s conduct and in particular the deprivation as a result of the appellant’s malign influence of deception of his victims to pursue their own lives could not be found in a single count of kidnapping as there was no deprivation of liberty. Conviction quashed life sentences overturned.
  • R v Drake & Others Leading junior counsel in three month, 10 handed conspiracy to supply Class A, B & C drugs following a 6 month covert surveillance operation undertaken by the Thames Valley Police.
  • R v S Defence counsel on behalf of a retired footballer who was acquitted of indecently assaulting a 13 year old girl. Now engaged in the music industry, he ran a competition in the Daily Sport for a new ‘pop’ idol. He met the complainant as a result of her sister entering the competition.

 

Environmental

  • London Borough of Barking and Dagenham v Ethos Recycling Ltd Defence counsel instructed on behalf of the defendant company who was served by the local authority environmental health department with a dust abatement notice. The civil proceedings in the magistrates court are currently subject to a stay whilst the matter is litigated in the High Court as to the right of the local authority to issue abatement notice without the consent of the Secretary of State pursuant to Section 79(10) of the Environment Protection Act 1990.
  • Environment Agency v LSH Ltd Defence counsel instructed on behalf of the defendant company charged on a 24 count indictment with breaches of Waste Management Licence and keeping controlled waste namely soils without a licence. The defence revolved around the exemption regime and the definition of waste which is a complex area of law involving UK and European case law and legislation. This matter was listed for legal argument and a detailed skeleton argument had been served but before the matter was litigated the Environment Agency offered no evidence.
  • Environment Agency v T R Ltd Defence counsel instructed on behalf of the defendant company charged with breaches of Waste Management Licence. Case revolved around the definition of “manufacture” and the interpretation of exemptions under the regulatory regime. Expert instructed on both sides. Eventually defence interpretation favoured by Environment Agency who offered no evidence.
  • Environment Agency v SEL Ltd & S Defence counsel for company and company director in a case of breaching a waste management licence.  It was argued on behalf of the accused that it was not fair to continue with the proceedings because the prosecution was in breach of the Environment Agency’s prosecution policy. Following an abuse of process argument, the indictment was stayed.

Reported Cases

  • Ethos Recycling v Barking and Dagenham Magistrates’ Court & London Borough of Barking and Dagenham [2009] EWHC 2885 (Admin) (Under appeal)
  • Robert Hendy-Freegard [2007] EWCA Crim 1236, (2007) 3 WLR 488, (2007) 2 Cr App R 27 (2007) Crim LR 986
  • Asda Stores v Wandsworth BC [2007] EWHC 433 (Admin)

Associated Work

Professional Memberships

  • Criminal Bar Association
  • United Kingdom Environmental Law Association (UKELA)
  • Proceeds of Crime Lawyers Association (POCLA)
  • Association of Regulatory and Disciplinary Lawyers (ARDL)

Directories

Recommended as a leading junior in fraud in Chambers and Partners.

"A fine forensic mind"
"another established name at the set"

Contact

T. 020 7067 1500

E. sriggs@25bedfordrow.com