Simon Pentol KC

Barrister

There is no doubt that Simon’s courtroom flair, tactical prowess, eye for detail and inventive thinking combined with his approachability and straightforward attitude make him very much in demand as a team leader for both individual and corporate clients that face important, serious, substantial and complex criminal offences of all types of privately and publicly funded work both at the investigation stage and at trial.

Simon is committed. He is a straightforward opponent who argued and fought hard for his client. He delivered a powerful speech bringing together the weaknesses in the prosecution’s case.Legal 500 2022

He has a broad fraud practice that benefits from expertise in general crime, regulatory and financial litigation.Legal 500

He has been continually instructed as a leader for the past 25 years, particularly in cases of Serious Fraud. For reasons personal to him, Simon delayed applying for Silk until 2018 when his standing was duly rewarded with him being appointed King’s Counsel. His transition into Silk has therefore been seamless. He is one of only a few defence Silks who is equally proficient, experienced and comfortable in cases of murder / organised crime and Serious Fraud / allied regulatory matters.

Simon’s track record for achieving notable results for corporate & individual clients in very difficult circumstances has rightfully earned him plaudits from a wide range of lay & professional clients alike.

His leadership qualities and strategic thinking make him the first choice for corporate & individual clients both at the investigation stage and to proactively develop compliance protocols to meet anti-money laundering, anti-bribery and anti-tax evasion requirements. He is experienced in dealing with substantial & complex investigations and cases brought by HMRC, the SFO, the FCA, the NCA & the City of London Economic Crime Directorate. Accordingly, Simon continues to be top-ranked in both the Legal 500 and Chambers & Partners directories.

He has earned the reputation as a formidable performer among his peers and the judiciary. Simon brings a skill-set comprising judgment, intuition, versatility, assurance and commitment to all cases in which he is instructed.

These qualities combined with his experience of leading in numerous high profile cases have afforded Simon the opportunity to uniquely develop a parallel practice in the specialist field of Sports-related work.

He is now sought after in Sports disciplinary/regulatory and advisory work (legal and commercial) in all sports but most notably Football and Boxing in which he has acted for or alongside federations (The FA, CAF & The Ghana FA), clubs, individual participants and corporate partners.

The combination of his criminal law background and an advanced understanding of regulatory frameworks make Simon one of the few Silks properly versed in sports/criminal law crossover cases.

Simon’s strength of personality and understanding of modern media/PR make him best placed to meet the demands of clients regularly in the public eye. Accordingly, he continues to be instructed on behalf of high profile / high net worth individuals and business professionals from the worlds of finance and sport & entertainment. This dates back to his representation of the likes of Des Byrne (Wimbledon footballer and co-defendant of John Terry in a serious nightclub fight), Chris Eubank (legendary boxer), Ashley Walters (aka Asher D of the So Solid Crew) and Brian Harvey (East 17) through to more recent clients such as boxers Dereck Chisora & James DeGale and the ‘drill’ rapper “Loski”.

Simon undertakes Direct Access work and has achieved notable successes for corporate clients in anti-bribery & tax investigations and for business professionals in sensitive criminal and/or tax/fraud investigations.

On-going Work

Simon is presently instructed/engaged in the following on-going matters:

City of London ECD v PS & Another: As leader for principal defendant in forthcoming trial re £multi-million carbon-credit investment fraud & corporate money-laundering;
SFO v MK et al: As leader for principal defendant in £multi-million pension liberation case;
R v CGB et al: As leader for a main defendant at re-trial in a ‘gang-related’ murder by motor vehicle running-down;
R v JO’C: As leader at re-trial of ‘drill’ rapper “Loski” for multiple gun related crimes arising out alleged gang warfare;
Re AI: [Direct Access] Advising on complex extra-jurisdictional land dispute arising out of fraud claims for breach of trustee duty;
Re DK: [Direct Access] Advising former Premier League footballer in matters re the Professional Footballers’ Association.

Associated Work

Simon has led plenary sessions re corporate crime at the Cambridge University International Symposium on Economic Crime for the past 5 years;
He has written & lectured on the key corporate aspects of the Bribery Act 2010 & the Criminal Finances Act 2017;
Simon remains a much-used expert analyst for major TV & radio broadcasters on range of current sports & legal issues;
He is an active board member of the British Association for Sport and Law (BASL) and is a long-standing lecturer at the BASL-DMU (De Montfort University) Post Graduate course in Sports Law and a regular platform speaker at conferences/seminars organized by BASL & other sports law organizations;
He has written numerous articles for BASL publications and provides a legal insight to journalistic articles appearing in the Times and the Sun newspapers;
Simon is a visiting lecturer at the University of Sheffield LLB degree course and speaks at schools of diverse student bodies to advise on a career in the law;
He is on the advisory committee to the African Women Lawyers’ Association (AWLA) that seeks to promote and advance career opportunities in the law for women of African Caribbean origin;
As a long-standing charity worker and advisor to the Teenage Cancer Trust (TCT), Simon was instrumental in arranging the inaugural fund-raising concert for the charity at the Royal Albert Hall by the legendary rock band “The Who” and establishing the annual series of concerts on behalf of the charity that have continued thereafter.

Memberships

Criminal Bar Association
Fraud Lawyers Association
Association of Regulatory and Disciplinary Lawyers
Board Member of British Association for Sport and Law
Advisory Committee to African Women Lawyers' Association
British Association for Sport and Law (BASL)
Proceeds of Crime Lawyers Association (POCLA)

In last 5 years
R v JWL (2020): successfully represented business man in a criminal matter arising out an incident in the course of his business at the AELTC, Wimbledon;
R v CGB et al: As leader for a main defendant in multi-handed ‘gang-related’ murder by motor vehicle running-down and perverting th course of justice. Case aborted at close of all the evidence due to Covid-19 pandemic;
R v EK & Others [Op, Rimini] (2019-20): Murder – successfully led for alleged knifeman acquitted of murder & manslaughter in where the secondary parties were convicted of murder;
R v HT (2020): Secured non-custodial sentence for client pleading guilty to £90k theft from employer over three year period;
R v NJ & MK (2019): Successfully led for 2 restaurant entrepreneurs acquitted of violent disorder at a renowned Asian restaurant in a case involving a complex ownership dispute;
R v LM (2019): Achieved notable result for client in high-profile road traffic fatality;
R v AT & Others [Op. Spruce](2019): Successfully led for defendant tried as part of a series of conspiracies to steal high value motor vehicles totalling £2m+ by forcing the prosecution to offer no evidence as result of telling disclosure requests;
R v BE (2019): Successfully represented businessman acquitted of GBH with intent & possession knife with intent re brutal near fatal stabbing of former business partner at his home address;
R v BD (2018): Successfully mounted a defence of duress for a vulnerable young defendant from a high-achieving family in the TV & entertainment world tried on 4 counts of supplying heroin & cocaine in London & Cambridge over a 2 month period in a “County Lines” drugs operation;
R v YMK & Others: Successfully led for son of infamous radical preacher in substantial kidnapping, torture & blackmail of an Egyptian national in a trial with terrorist-funding overtones and additional allegations of perverting the course of justice by extra-territorial crimes committed in the Middle East;
R v AK & Another: Successfully led for Albanian gang-member in the near-fatal assassination by shooting of a rival gang-member;
R v RH: [A ‘Trident’ case]. Represented a 17 y-o defendant tried for Attempted Murder when a15 y-o of a 14 y-o schoolboy by a near-fatal stabbing during public disorder by school children in Croydon Town Centre;
R v IK: Successfully defended a Bangladeshi serving Met police officer at a hugely sensitive trial re sexually assaulting and harassing a sex worker;
R v JP & Others: Represented defendant tried in high-profile case of serious assault rendering victim permanently brain-damaged & long-term physically disabled;
R v JR & Others: [A ‘Trident’ case]. First case in which CA considered principles of joint enterprise established by SC in R v Jogee. Represented defendant tried for conspiring to murder & robbery by shooting in an elaborate set-up against a rival drug-dealer in a case where prosecution appealed trial judge’s terminating ruling of successful submissions of no case to answer;
R v MH & Others: Represented defendant in high-profile robbery & burglary at exclusive Mayfair apartment block inhabited by well-known affluent residents;
R v ANM: Successfully represented Iranian political refugee in unusual case of importing substantial quantity of raw opium as part of a ‘buyers club’ enterprise;
Re Y, a solicitor: [Direct Access] instructed Prosecution for domestic violence not proceeded with following submission of prepared statement & attendant material.

In last 5 years
SFO v PS & Others [Op. Jasmine]: Successfully defended a former director of the international freight-forwarders FH Bertling on 2 charges of bribery concerning (i) the procurement for FH Bertling of a £16m North Sea Oil freight-forwarding contract from Conoco Phillips / British Gas re the Jasmine oil exploration Project and (ii) a separate side agreement to facilitate an overcharging arrangement at a 10 week trial following a 5 year investigation;
HMRC v DH & Others [Op. Soma]: Led for a broker defendant tried with parallel offences of fraud and money-laundering arising out of a long-running land banking fraud perpetrated by 3 separate City based land investment companies. Trial involved complex legal arguments re status of business records / acts in furtherance of conspiracy and cross-examination of elderly/infirm investors;
FCA & HMRC v JL & Others [Op. Wintergreen]: Led for a broker defendant charged with 2 offences of corporate fraud concerning the activities of 2 separate City based companies involved in selling carbon credit investments (VERs and CERs). Successful outcome following favourable indication after a Goodyear application;
HMRC v CWA & Others [Op. Crystallite/Chainmail]: Led for film producer defendant tried in high-profile and substantial & complex film tax & revenue fraud arising out of claims for ‘sideways tax relief’ by investors in two separate investment funds in the making by the defendant of the cinematic documentary film ‘Star Suckers’;
Re HMRC v JC: Cash forfeiture proceedings. Successful representation of respondent to oppose forfeiture of total £0.25m sum seized from company bank accounts operated by client;
R (HMRC) v MF & Others: Led for principal defendant in £multi-million land banking fraud and allied insolvency proceedings;
R v II & Others: Successfully defended principal Kosovan defendant tried with multiple money laundering offences comprising £100,000s said to be criminal property laundered through his money services bureau in Bayswater, London;
R v PC & Others [Re Q Ltd.]: Corporate cyber crime. Represented managing director of IT-services business that obtained unauthorised access to commercially sensitive electronic data held by its major competitor. Successful outcome to 12 months of proceedings brought under Computer Misuse Act 1990;
R (Trading Standards) v JN & Others [Re CA Ltd]: Novel case of commercial scale trading in counterfeit clothing in which a preliminary point on the ambit of the criminal offence of sec.92 TMA 1994 culminated in a ruling from the Supreme Court that remitted the case back to the Crown Court for trial. Successfully led for the exec PA to the CEO of the defendant company at trial where the prosecution eventually offered no evidence as a result of further legal argument & continued disclosure requests.
R v KF & Others: Successfully represented sole director & beneficial owner of company whose operatives perpetrated large-scale wine investment fraud.
Pre-Charge and Direct Access Work
Instructed either by solicitors or directly, Simon has achieved some outstanding results for high net worth individuals and corporates under investigation for serious/sensitive matters who he has assisted to avoid charge/prosecution during the investigation stage.
These include:
Re X, an accountant: Prosecution for complicity in complex aggressive tax-avoidance scheme not pursued by HMRC following submission of detailed Written Representations;
Re Z, an IT services providing company: Investigation for bribery not pursued by City of London Police following written representations and submission of ABC protocols;
Re XX a company: Currently advising a ‘block chain’ corporate on all compliance issues re its launch into UK marketplace
Historically
Simon has led for a multiplicity of defendants tried in substantial £multi-million VAT MTIC frauds dating back between 1995 -2008 as follows:
R v CCG & Others [Op. Erie II]: Gold-bullion fraud;
R v CCG & Others [Op. Broth]: Gold-bullion fraud;
R v PS & Others: Gold-bullion fraud;
R v KT & Others: Mobile Phone fraud;
R v MM & Others: Computer chip fraud;
R v JF & Others [Op. Signal]: Mobile Phone fraud;
R v JB and Others [Op. Dunaway]: Mobile Phone fraud;
R v DE and Another (a solicitor) [Op. Dunaway Financial]: Money-laundering arising out of mobile phone fraud;
R v BW and Others [Op. Dossall]: Mobile Phone fraud;
R v BI and Others [Op. Divert]: Mobile Phone fraud;
R v LC [Op. Daring]: Mobile Phone fraud;
R v DO’C and Others [Op. Zeugma]: Mobile Phone fraud;
R v SA [Op. Dogfish 1]: Mobile Phone fraud;
R v SH and Others [Op. Emmersed II]: Mobile Phone fraud;
R v SH and Others [Op. Shoot]: Mobile Phone fraud.

Sports/Crime Crossover
Due to his niche expertise in sports and crime, Simon has secured successful outcomes for clients tried for criminal offences arising out of sports context among others.
HMRC v MW & Others [Op. Rodman]: Successfully led for the only one of five defendants acquitted of fraud and money-laundering charges arising out take over of Derby County FC;
R v IE (football agent): Successfully led for football agent originally charged with multiple offences of fraud concerning mismanagement of business affairs of high-profile Premier League footballer by negotiating acceptable pleas to minor Companies Act transgressions;
R v MT & ET: Secured successful outcome for sons of owner of Cardiff City FC after a serious nightclub assault.
Sports Regulatory
Simon is experienced in conducting cases before sports tribunals especially the FA (football), the BBBoC (boxing) across all regulatory & disciplinary issues including doping.
Recent cases include:
UKAD v BA (‘PG”) a boxer: Successful outcome on an doping appeal;
BBBoC v DC (Boxer: Re biting during a fight;
BBBoC v AS (Boxer): Re opposition to automatic extension of manager’s contract;
BBBoC v JDG (Boxer): Successful outcome to proceedings brought by manager for breach of contract;
FA v PdC (Football Manager): Successful outcome to proceedings brought re racist abuse of player;
FA v Club X: Re failure to control its supporters.
Sports Business & Advisory
Simon is well connected to many leading professional football clubs, managers, players & federations and leading boxers, managers/trainers & promoters.
In this capacity he has advised/represented numerous clients upon specialist contractual negotiations and commercial matters including:
Ghana FA re negotiation + terms of match contract v England;
Ghana FA re corporate governance;
Formula 1 Driver re sponsorship deal(s);
Premier League clubs re sponsorship opportunities;
Footballers & managers re contracts;
Boxers & promoters re commercial contracts; and
Currently advising two separate consortia in their prospective acquisition of two separate English football clubs.