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Education

Brought up & educated in London (LLB Hons 2:1)

Practice

A Criminal Defence specialist who has consistently led in high level cases particularly Serious Fraud, involving multi-million pound VAT evasion and Money Laundering, both advising in and conducting substantial and complex cases brought by the SFO, Customs & Excise and Inland Revenue.

The cases referred to below were all conducted in the last five years where Mr Pentol was instructed as leading counsel.

Simon Pentol is associated with the following areas of expertise:

Crime
General Fraud 

Cases

Fraud and Financial Regulation

 

  • R -v- W & Ors – False Accounting arising out of the take over of Derby County Football Club in October 2003. Fraud and money laundering alleged against Directors of the Club in relation to an unauthorised commission payment.
  • R -v- Heath & Others (February through June 2006) - tobacco and alcohol diversion fraud in which Joanna Heath, a serving Customs Officer was tried for laundering proceeds of the fraud.  There were 12 defendants and a protected jury.  The case was a re-trial, the first jury having been discharged partway through the defence case for reasons of interference.
  • R –v- Hancock & Others (May 2007) – VAT ‘carousel fraud’ (Operation Shoot) of five defendants where the named defendant was the principal. The trial was estimated to last four months but the defendant pleaded guilty at the outset following the negotiation of an agreed basis of plea.
  • R –v- Hancock & Others (September 2006 through April 2007) – VAT ‘carousel fraud’ (Operation Emmersed II) of eight defendants.  Case involved complex elements of banking and commerce. The trial was complicated by the potential of the introduction of the evidence in Operation Shoot against this defendant.
  • R –v- Issit & Others (2006) – VAT ‘carousel fraud’ (Operation Divert) in which instructions were returned three months before the commencement of a six month trial owing to sensitive issues that arose in the course of preparation.
  • R -v- Worrall & Others – VAT ‘carousel fraud’ (Operation Dossell) of five defendants. The first trial in which the impact of the VAT Tribunal decision in Bondhouse Systems v C&E had to be confronted.
  • R –v- Betts & Others – VAT ‘carousel fraud’ (Operation Dunaway) of four defendants in which the notorious fraudster Ray Wooley was the principal defendant.

 

Proceeds of Crime Act

 

  • R –v- Heath & Another – sophisticated money laundering scheme that was carried out through the client accounts of the co-defendant solicitor of £8M of the proceeds of the fraud in Operations Dunaway & Emmersed.

 

Crime

 

  • R –v- Harrisson & Another (April through May 2007) – principal defendant in a ‘black on black’ shooting. Case involved substantial issues of bad character of both prosecution & defence witnesses and expert firearms evidence.
  • R –v- Atkinson & Others (May through June 2006) – principal defendant of three in substantial ‘undercover’ drugs operation mounted by the Serious Crime Squad.
  • R –v- Rankine & Others (January through February 2006) – joint enterprise attempted murder of two victims in alleged ‘gang warfare’. Case involved substantial issues of bad character & identification evidence.
  • R –v- Shitta-Bey & Others (October through December 2005) – principal defendant of three in the sixth largest seizure of heroin in UK Customs’ history. Case involved substantial ‘cut throat’ defence vis a vis the third defendant.
  • R –v- Russell & Others – one of the principal defendants of five concerning police corruption.. One of the rare cases in which special counsel was assigned on behalf of the defendant to undertake a sensitive disclosure exercise at the conclusion of which, the prosecution abandoned its case.
  • R -v- Ruiz-Henao & Others (2004-5) – principal defendant of four in an enormous Colombian-run drugs importation & money laundering conspiracy that involved substantial issues of disclosure, informant and lip-reading evidence. Having forced the prosecution to abandon the informant & lip-reading evidence, the defendants pleaded guilty in January 2005 on a much reduced ‘agreed basis’, thereby avoiding a four month trial.

Reported Cases

 

  • The FA –v- Charles Collymore (FA Disciplinary Commission, 2007) – represents the football agent charged with various offences arising out of the investigation conducted by the ‘Panorama’ TV programme.
  • Kelsey -v- HMRC - (2006) – VAT Tribunal appeal against the Customs' withholding part of applicant's input tax re: mobile phone dealing.
  • Savage –v- FIFA – (2004) – represented the footballer Robbie Savage in his appeal to overturn a ‘red card’ in a World Cup qualifying match versus N.Ireland.
  • R –v- Byrne & Others (July through August 2002) – principal defendant of three ‘high profile’ footballers (the others being John Terry & Jody Morris of Chelsea FC) tried for violent disorder etc at a London nightclub.
  • R –v- A.Walters (aka Asher D)(March 2002)  - plea of guilty to possession of firearm (having persuaded the prosecution that it had ‘no case’ on more serious charges) by the former member of the notorious ‘rap collective’ the So Solid Crew.
  • R –v- G.Walters & Others (June 2005) – principal defendant of four in a ‘black on black’ shooting, robbery & kidnap. Case involved substantial cross-examination of prosecution witnesses to establish fabrication of evidence and exclusion of bad character & firearms’ residue to secure the acquittal of the defendant at the close of the prosecution case.
  • R –v- Scott & Others (September 2004) – ‘black on black’ shooting, (perverting the course of justice & violent disorder. Having had the most damaging evidence against the defendant excluded following a 2-day voir dire, the prosecution accepted a plea on a very limited basis of violent disorder that ensured the defendant avoided a custodial sentence.
  • R –v- Baxter & Baxter (September through October 2005) – twelve armed robberies committed by two half-brothers. Case involved substantial issues of ‘similar fact’ & identification evidence. Having secured the acquittal of the defendant on all but two armed robberies at the close of the prosecution case, he was re-tried (March 2007) and acquitted on those by the jury.
  • O'Connell –v- R (C.C.A 2005) - appeal against a £6 million confiscation order following the appellant's conviction for his part in a £20 million VAT fraud.

Associated Work

Has expanded his practice by developing it into the field of Sports Law. To this extent has worked closely with the leading sports’ solicitor Mel Goldberg (Max Bitel, Green & Co.), collaborating by writing articles for legal publications (Journal of the British Association of Sport & Law and World Sports Law Reports), representing certain high profile sportsmen, and advising on disciplinary matters that have not proceeded to a tribunal.

To this end, he has appeared regularly as a legal analyst on Sky Sports News and Sky News television and contributed to BBC and independent radio programmes.

Appeared on the BBC1 television show You be the Judge (March 2005) in which he conducted a genuine case on behalf of a client in front of a studio and nationwide audience.

Has written for the CBA Newsletter and lectured regularly to solicitors and barristers nationwide on the Criminal Justice Act 2003 and VAT ‘carousel fraud’ (MTIC fraud).

Edited the legal textbook A practical guide to Abuse of Process written by Colin Wells & published by LAG (2006).

A long-standing legal advisor to the television dramatist Lynda La Plante, being one of a number of experts contributing to the acclaimed series Trial and Retribution, in which I have advised on legal/court procedure and contributed to the writing of the “court scenes”.

A legal advisor to & corporate fundraiser for, the (charity) Teenage Cancer Trust. Organised the inaugural benefit concert by ‘The Who’ at the Royal Albert Hall and through the good auspices of Chambers, helped to organise and host a quiz evening and auction, attended by 200 leading lawyers.

Directories

Recommended as a leader in fraud in the Legal 500 (2011)

Contact

T. 020 7067 1500

E. spentol@25bedfordrow.com