LIVERPOOL, UNITED KINGDOM--(Marketwire - May 9, 2012) - David Phillips & Partners Solicitors have announced Shahid Miah's successful defence for appellant, Sanjay Dhar, in a High Court Money Laundering case.
Shahid Miah is one of the most knowledgeable criminal defence solicitors in the UK, with experience in some of the largest VAT cases ever witnessed in the country. The details of his recent victory, on behalf of Sanjay Dhar, have been legally released this week by reputable law firm David Philips & Partners Solicitors (DPP Law).
Shahid Miah argued against Sanjay Dhar's extradition to the Netherlands before the High Court, which was sought following a prosecution regarding an allegation of Money Laundering. The prosecution on behalf of the Public Prosecutor of the Netherlands was backed by a European Arrest Warrant (EAW) - which was judged to be invalid, therefore allowing Shahid Miah to appeal.
The success of the appeal was two-fold:
1. "Failing to particularise the offence"
2. "Dual Criminality Test"
Sanjay Dhar was accused of acting from the UK as part of a Money Laundering conspiracy based in the Netherlands but the EAW failed to provide specific details of the criminal action believed to be carried out by the defendant.
The Court commented that the term 'particulars' as used in Section 2 (4) (c) in the Act certified by the assigned authority on the case, SOCA1, means that a 'broad omnibus description of the alleged criminal conduct', is inadequate. Shahid Miah subsequently argued that the 'particulars' were too insufficient for Sanjay Dhar to even understand the nature or degree of the offence which he was suspected to have committed.
In addition, the Court further welcomed the appeal under the grounds that if the conduct claimed in the EAW occurred in England, it would not be considered an offence, thus failing to meet the prerequisite of Dual Criminality under Section 64 (3) of the Act.
Shahid Miah then defended against Sanjay's alleged breach of the Proceeds of Crime Act 2002 (POCA), whereby he was accused of:
- Concealing or transferring criminal property.
- Assisting in the retention, and control of criminal property.
Miah put forward that these allegations were again lacking clarity when it came to 'particulars'. The Court recognised that for any property, including cash, to be considered 'criminal property', it needs to constitute an individual's personal gain directly from illegal behaviour or represent that personal gain - and the accused must be aware that their activities are illegally contributing to their own benefit.
It was difficult to prove whether the funds received by Sanjay Dhar were 'criminal property' when they came into contact with him or were originally dirtied by a separate party and later moved into his account.
The way in which Sanjay received his allegedly criminal funds was through a Hawala banking system2 - an honour-based operation, whereby money is transferred via a network of Hawala brokers. Systems of this kind are deemed illegal in the Netherlands if unlicensed. However, Hawala banking is perfectly legal in the UK.
In conclusion, Lord Justice Moore-Brick and Mr Justice King of the High Court sided with Shahid Miah's defence against Sanjay Dhar's extradition from Britain to the Netherlands on the grounds of Money Laundering. Miah successfully appealed for his client by professionally underlining the ambiguity of the prosecution in coherence with the requirements set out by the European Arrest Warrant and the Proceeds of Crime Act.
To find out more about serious fraud contact expert Shahid Miah, or if you require assistance on a similar case, he is available on 0121 222 4163 or 07506 732 394.
About David Philips & Partners Solicitors
- Offices throughout the UK including Liverpool, London, Manchester and Birmingham.
- Regulated by Solicitors' Regulation Authority (SRA Ref#: 73353).
- Founded in 1982 and has over 29 years legal experience in the following specialised areas; criminal defence, accident claims, actions against the police, matters involving children, motoring offences and prison law matters.
1 SOCA -Serious Organised Crime Agency: Work to put serious criminals behind bars, and use many other tactics to fight crime and keep you safe. In particular, the SOCA want to ensure crime doesn't pay and that it's harder to commit.
2 hawala banking: money transferring system whereby money 'never moves':
- Distributor pays money to independent broker in one location.
- That broker contacts an associate in another location (usually with some form of password), who then pays money to the distributor's intended recipient.
- The brokers then settle the debt between each other at a later date.