Nathaniel Rudolf KC

Barrister

Crime, especially defending in serious fraud matters, corporate criminal and regulatory investigations. High value confiscation as well as crime-related areas such as judicial review and case stated. Particular speciality in seeking evidence from foreign jurisdictions. Past examples include the USA (Florida, California, Washington DC), Australia, Norway, Japan and Spain.

A truly gifted advocate with a razor sharp mind. Chambers UK

Recent Directory Quotes

"Nathaniel has a real forensic knowledge of POCA. He is excellent with clients - he knows how to very quickly gain their trust and instil confidence in them with this abilities." Chambers UK 2023, POCA Work & Asset Forfeiture
"Nathaniel is an exceptional silk. He combines to tremendous effect a thorough, strategic and forensic approach with a razor-sharp legal mind and a highly-persuasive style of advocacy." Legal 500 2023, Leading Silk: Fraud
"His strengths are his attention to detail in written work, curiosity about the finer legal points, very strong research skills and approachable manner." Chambers UK 2022
"He masters his cases and is brilliant at dealing with clients." Chambers UK 2022
"He has a good strategic brain." Chambers UK 2022
“Combines attention to detail in his written work with curiosity about the finer legal points in a case and a willingness to do whatever is required.” Chambers UK 2022
"He is excellent as he is extremely hard-working and thorough." Chambers UK 2022
"An outstanding financial crime advocate with encyclopaedic knowledge and a great brain." Chambers UK 2020
"A complete workhorse with a wealth of experience." Chambers UK 2020
"Very methodical and affable with clients." Legal 500 2020
"He has a formidable intellect." Legal 500 2020
"Prosecutors fear having him as an opponent." Legal 500 2020
"A remarkable advocate with a wealth of experience." "He has extremely good tactical awareness and superb knowledge of the criminal practice rules." Chambers UK 2019
"An intellectual with excellent technical knowledge who also has the common sense and confidence to drive that knowledge in a helpful and practical way for clients." "He is extremely thorough and has in-depth knowledge of the law." Chambers UK 2019
"His advocacy style is easy to understand and he is very persuasive because he knows cases inside out." Legal 500 2018
"He has a phenomenal grasp of the law and procedure." Legal 500 2018
"Good with clients and respected by other professionals, he knows POCA with an encyclopaedic skill." Legal 500 2018

Appointments

Recorder, South Eastern Circuit, 2022
First Tier Tribunal Judge assigned to the Tax Chamber, 2021
Queen's Counsel, 2021
Director of Bar Mutual Indemnity Fund, 2019 - present
Fee Paid Individual Costs Adjudicator, Legal Aid Agency, 2013 - 2020
Member of the Criminal Procedure Rules Committee, 2011 - 2019
Single Adjudicator for LSC Complex Crime Unit Appeals, 2010 - 2020
Member of (and a chair of individual) LSC Complex Crime Unit Appeals Panel, 2009 - 2020

Articles & Publications

Author, ‘Is There a Problem with Prosecuting Financial Crime?’, Butterworths Journal of International Banking and Financial Law, February 2019
Contributor, Wells on Confiscation, 'Abuse of Process'. 3rd Ed.
Speaker, 'Fraud, Bribery and Money Laundering: The New Sentencing Guidelines', 1 October 2014, RPC.
Co-author, 'Fraud: A Practitioner's Handbook' published by Bloomsbury Professional, 2014
Speaker at the Cambridge International Symposium on Economic Crime 2013, 2015 & 2018
Co-author, 'International Money Laundering and Terrorist Financing - a UK perspective', Sweet & Maxwell, 2009
Contributor, LexisNexis PSL Bribery Took Kit

Associated Work

Lecturing

External Consultant, UNODC- trained judicial trainers in Nigeria on confiscation
IIEA (The Institute of International and European Affairs) - "International Money Laundering - enforcing compliance with Anti-Money Laundering/Counter Terrorist Financing measures - a realistic goal or an impossible pipe dream?"
Various Chambers Seminars and Seminars to Solicitors

Professional Working

Member, Criminal Bar Association Executive 2012 - 2013.
Secretary to the Criminal Bar Association 2011 - 2012.
Assistant Secretary to the Criminal Bar Association 2010 - 2011.
Co-opted member of Criminal Bar Association Executive 2009 - 2010
Member of Bar Council VHCC Advocates Sub Group
Member of Bar Council RGFS Consultation Response Group
Member of Bar Council Electronic Service of Prosecution Evidence Group

Professional Memberships

Criminal Bar Association
South East Circuit
Fraud Lawyers Association
Proceeds of Crime Lawyers Association (POCLA)
Financial Services Lawyers Association (FSLA)

Fraud and Financial Regulation

R v B - "Operation Cornflour" - Instructed as leading junior counsel in ‘Boiler Room’ allegation involving Pay Day Lending and ‘fancy’ diamonds
R v R - "Operation Mickey" - Instructed as leading junior in mid seven figure ‘cash for crash’
R v Pagliara - "Operation Umber" - Instructed as leading junior counsel in allegations of bribery involving professional football
R v Field - "Operation Naseby" - Instructed as leading junior counsel in allegation of fraud linked to murder
R v Massey - "Operation Lithium" - Instructed as a leading junior counsel to defend in c. £20m MTIC allegation. Prosecution offered no evidence after defence statement served and inability to perform disclosure.
R v Eigner - "Operation Atlas" - Instructed to defend high end property broker in Montessori Charitable Trust fraud.
R v Jeal - "Operation Sabbath" - Instructed to defend in six figure coloured diamond and binary option "boiler room" allegation
R v Sandu - "Operation Wintergreen" - Instructed as a leading junior counsel to defend in seven figure carbon credit 'boiler room' allegation.
R v Mouzouros -"Operation Incubus" - Instructed to defend in c. £8m evasion of duty on smuggled tobacco
R v Ridpath - "Operation Stagecoach" - Instructed as leading junior counsel to defend in c.£6m rare earth metals "boiler room" fraud
R v Paul Moore - "Operation Alfreton" - Instructed as leading junior counsel in relation to mis-selling of shares in a health care company.
R v Rusaliychev - "Operation Penco" - Instructed as leading junior counsel to defend in c. "2m carbon credit "boiler room" fraud
SFO v Goodman - Instructed to defend "Lord LIBOR"
FCA v Harrison - "Operation Tabernula" - Instructed in insider trading on behalf of alleged insider
FCA v Rifat - Instructed in insider trading arising out of Operation Tabernula
R v Maclellan - "Operation Chainmail/Operation Crystallite" - Instructed to defend former equities trader in relation to allegation of conspiracy to cheat the revenue by way of sideways tax relief claim after investment in a company to make films
R v Roewal - "Operation Lift" - Instructed as leading junior counsel in £34m money laundering on behalf of an accountant
R v Giovanni Di Stefano - Instructed to defend the 'Devil's Advocate'
DBIS v Bains - Instructed to defend in 'long firm fraud' and largest DBIS prosecution ever.
R v Ibrahim - Originally Instructed to defend in money laundering allegation in relation to a well-known Rugby Club.
R v Stewart - Instructed to defend the 'Goldman Sachs Billionaire'
R v Arwo - “Operation Oxygen” - Instructed to defend the first defendant in a conspiracy to defraud a nationwide charity providing services to asylum seekers.
R v Georgieff - Jones - “Operation Valgus” - Originally instructed to defend an accountant in a vast mortgage fraud allegation involving over 800 properties.
R v P - “Operation Rosary” - Instructed to defend in MTiC case where defendant’s alleged involvement extended to lead buffer company and the inspection company. Case stayed.
Cumbria County Council v Nineham - Instructed to defend the ex leader of a local council charged with fraud offences relating to waste recycling credits. Case stayed.
R v Place - Originally instructed in £80m conspiracy to defraud and forge documents in relation to a well-known identity documentation web based provider “Confidential Access”.
SFO v Horsfall - “SHK01” - Originally instructed in high profile advance fee fraud, price ramping and money laundering allegation.
R v Wilmot - “Operation Slick” - £30 million "boiler room" allegation prosecuted on behalf of the FSA by the Fraud Prosecution Service.
R v Vidgen - “Operation Acumen” - Originally instructed in allegation of misconduct in public office by civilian employee of a regional police force by procurement fraud.
R v Muharrem (1) - Money laundering allegation of large sums of cash in & out of the UK.
R v Muharrem (2) - Tax evasion allegation regarding large profits on property deals.
SFO v Patel - “SRB01” - Originally instructed in £14 million “boiler room” allegation.
RCPO v Fishwick - “Operation Bergere” - Believed to be only the second prosecution ever for Gift Aid fraud by RCPO.
M Limited v HMRC - First Tier Tribunal. C. £2million claim for input tax refused on the basis appellant was involved in MTiC fraud.
R v Wood - "Operation Sargoro" - Instructed as Leading Junior Counsel in allegation of large-scale 'tarmac' fraud. Defendant acquitted after prosecution do not proceed.
HMRC v Horton - “Operation Gelling” - Multi million pound international money laundering arising from a failed MTiC prosecutio ‘Operation V95". Case involved seeking evidence from Panama and Latvia but entire case “laid on the file” before applications could be made.
HMRC v Johnson & others - “Operation Granada” - Believed to be the first ever prosecution for Gift Aid fraud by HMRC against a co-defendant; allegation of theft of £1million + and PAYE fraud in relation to a charity designed to assist children with brain damage (Red Bag case).
R v Chavda - Complicated allegations of multi victim, high value advance fee fraud, mortgage fraud and fraudulent trading. The case involved allegations that a limited company run by the defendant defrauded many people out of significant sums of money by use of an investment scam followed by the unlawful purchase of property with the stolen monies.
R v Margaret Brophy (1) - The "Millennium Dome Fraud" - Large scale conspiracy to defraud, contract procurement fraud and international money laundering at the Millennium Dome principally involving the lighting department. Case involved successfully gathering and using evidence from Florida after Federal Court proceedings.
R v Margaret Brophy (2) - Public Sector allegation of corruption namely the offering to award a contract for money.
R v Vent & Others -“Operation Blossom” - Global Software Piracy on a massive scale. First case prosecuted by the (then) National Hi Tech Crime Unit based in Docklands. Case involved a ‘warez’ group ‘DrinkOrDie’ whose hierarchy caused a vast amount of software to have its privacy protections ‘cracked’, including Microsoft Windows, and placed on a website so that group members and others could use these products for free. 100+ arrests executed worldwide co-ordinated by the US Department of Justice. Case involved seeking evidence from California (a software company) and Washington DC (the US Department of Justice) after Federal Court proceedings. Defendant received sentence of 18 months imprisonment. No confiscation.

Proceeds of Crime Act/Confiscation

R v Ibori "Operation Tureen / Operation Augen" - Instructed on behalf of former Nigerian Delta State Governor in £117,000,000 + confiscation.
R v Abdi-Jalebi - Instructed on behalf of former Cambridge Academic for confiscation after seven figure fraud.
A London Borough v K - Instructed for a landlord who received rent without planning permission. Issue whether being a 'house in multiple occupation' makes a material difference. Case ongoing.
London Borough of Ealing v V - Instructed for a landlord who received rent without planning permission. Low five figure order made, small fine, no costs.
London Borough of Ealing v W - Originally instructed for a landlord who received rent without planning permission. Benefit figure said to be £32m.
Re. Al-Ansari - s23 POCA. Persuaded Crown Court to reduce default term to 14 days where £500+ still outstanding abroad.
Re. Gangar - Instructed as counsel in Certificate of Inadequacy proceedings in the High Court which lasted seven days
R v Bibby - Instructed as leading junior counsel for seven figure confiscation application in relation to ‘boiler room fraud’
R v Jewitt - Instructed as leading junior counsel for seven figure confiscation application in relation to international money laundering
R v Chapman - Instructed as counsel in confiscation to consider whether available in relation to convictions for unlicensed money lending contrary to s39 (1) Consumer Credit Act 1974
R v McGoldrick - Instructed in the Court of Appeal (Criminal Division) to challenge a confiscation order based upon the value of pensions for a man of pensionable age. Appeal allowed in full upon the concession of the prosecution.
Re O Ltd - Successful application to vary a restraint order affecting a third party arising from “Operation Tulip” – carbon credit MTIC fraud.
Re Dahner - Believed to the be the first ever application to stay, as an abuse of process, the continuation of a management receiver in the High Court
SFO v Gangar - “DWC02” - £60 million confiscation arising from $100 million ‘Ponzi’ scheme based on Dobb White & Co accountancy firm. Defendant convicted after eight month trial defending himself. Order made after five week hearing for £2.7 million.
R v York - “Operation Maxim” - Leading Junior Counsel in large forgery related confiscation. Prosecution sought confiscation c.£250,000. Order made for £31.57.
R v Cullen (1) - "Operation Predator" - Successfully defeated money laundering allegation as assigned counsel at a ‘read through’ committal causing £200,000+ to disappear from confiscation. Thereafter counsel in large drugs related confiscation. Order made in a fraction of the amount sought by the prosecution.
R v Cullen (2) - "Operation Predator 2" - Counsel in serious money laundering allegation arising out of original drugs conspiracy. Case stayed as an abuse of process.
R v Bolton - Counsel in claim for confiscation c. £250,000. Prosecution persuaded to withdraw claim
R v Bowler - Instructed to appear in large-scale drugs confiscation case based upon what is believed to be the largest cannabis importation ever prosecuted.
RCPO v Dixon - “Operation Capote / Operation Medlar” - Counsel in large scale drugs conspiracy confiscation. Prosecution sought £235,000. Order made for £10,000.’
R v Reid - “Operation Mastery” - Leading Junior Counsel in £5.5 million confiscation request by the Crown following importation of six metric tonnes + of cannabis. C. £450,000 ordered.
R v Day - "Operation Agog" - Leading Junior Counsel on a large drugs related confiscation matter. Prosecution sought £660,000+. Successfully reduced amount sought to be recovered to just under £150,000 after a hearing stretching into a second week.

Reported Cases

R v Wilmot [2013] 1 Cr. App. R. (S.) 61 - Application for leave to appeal against sentence in high value 'Boiler Room' fraud.
R v D [2011] 1 Cr. App. R. (S.) 69 - Updated guidance on discounts from sentence for assistance to the authorities under s74 SOCPA.
R v Rayan [2010] Costs L.R. 969 SCCO
R (on the application of Gangar) v Leicester Crown Court [2008] All ER (D) 112 (Oct) R v Gangar [2008] EWCA Crim 2987; SFO v Ganger [2008] EWCA Crim 2619 - Successful judicial review and leading authority in relation to a Crown Court’s decision to sentence the claimant to five months imprisonment for breach of a bail condition.
R v Scott (Casim) (2008) 172 J.P. 149 - Considering whether the defence of ‘de minimis’ exists within the criminal law; appropriate interpretation of provisions of the Bail Act 1976 dealing with surrendering to the court.
R v Pervez [2007] All EF (D) 382 (Nov)
R v O'Leary [2007] 2 Cr App R (S) 51 - Appropriate sentence for misconduct in public office by a police officer who accessed highly confidential intelligence files
Taylor v DPP (2006) 170 J.P. 485, The Times 14 June 2006 - Considering the proper interpretation of s 5(1)(a) of the Public Order Act 1986.
R v Casey [2004] All ER (D) 60 (Jun)
R v Copeland [2002] 2 Cr. App. R. (S) 111 - Authority on the postponement of DTA 1994 confiscation hearings.

R v Adams - Instructed to defend serving prisoner for attempting to murder two prison officers.
R v Kutner - Instructed in high profile murder of Carole Waugh
R v Day - “Operation Dunlin 2” - Counsel in large-scale drug distribution.
R v Ibrahim - "Operation Lace" - Instructed in double ‘honour killing’ murder.
R v O’Leary - “Operation Nahum” – Wide scale corruption allegations spanning 18 months against a serving police officer within the Merseyside Police involving supplying criminals with operational information.
R v E & Others - “Operation Tonne” – Counsel in conspiracy to make Child Pornography. Young defendant sentenced to supervision order.
R v Nash - Allegation of attempted murder. Defence ran that victim (only other candidate for injury) stabbed himself whilst asleep

Financial Regulation (as a part of the criminal investigation / proceedings)

E v HMRC - Instructed in the First Tier (Tax) Tribunal for a company seeking to reclaim six figure tax payment for CIS contributions.
Re A - Instructed to advise senior company executive in internal investigation interview.
Re Z - Advising director of international company concerning an SFO investigation.
Re Y - Currently advising in relation to FCA investigation into misleading financial markets.
Re X - Retained by a series of companies concerning investigation by HMRC in relation to multi-million pound corporation tax fraud.
Re O - Advised director of international food brokerage in relation to breaches of Companies Act, involving failing to keep records.
Re X Ltd - Advising multi-million pound company in relation to potential suspicious activity report to the NCA in relation to monies held in company accounts deriving from international transaction.
Insider Dealing - Advising whether defendants in two separate but linked significant investigations had breached both internal and external laws regarding the trading of insider information.
LIBOR - Advising on regulatory aspects of LIBOR investigation & prosecution, including dealing with expert evidence regarding the nature and operation of the financial markets and LIBOR.

Health & Safety

R v Bains - Instructed for defendant in gross negligence manslaughter of two children due to a failure to install smoke alarms.
R v Brady - Operation Troubadour" - 'the Hednesford rail fatalities'. Defendant accused of recklessly endangering the lives of two co-workers leading to their deaths on the railway. Convicted of alternative count of a breach of health and safety law and fined £750

Planning

City of Westminster v O - Instructed for defendant in allegation of breach of listed building status.