David Barbone

Consultant Solicitor

David has been a Solicitor since 1982. He has over 30 years of almost unrivalled experience of managing cases which often involve high profile, serious and complex business crime and fraud allegations, investigations and prosecutions. Many of these cases have a very significant international dimension attached to them. He has successfully defended individuals and businesses investigated by organisations such as the Serious Fraud Office (SFO), Serious & Organised Crime Agency (SOCA), HM Revenue & Customs (HMRC), Central Fraud Group and Serious Crime Division of the Crown Prosecution Service, Home Office, Department for Work & Pensions and various Trading Standard Departments nationwide.

He has vast experience in almost all areas of criminal law representation and prosecution. By way of example, David has represented clients in over 100 homicide and murder investigations and trials since his first murder case instruction in 1984. He has represented clients from almost all sections of the community and he has been very successful in being able to achieve favourable criminal litigation case outcomes in numerous cases.

David has particular expertise in the case management of criminal fraud defence cases which involve very large volumes of complex evidential and electronic material. For instance, his current instruction in Operation Vaulter has involved the management of case documentation exceeding one million pages.

David has been a member of the Specialist Fraud Panel since June 2001 and a Panel Chair, Single Adjudicator and Member of the Legal Services Commission Complex Crime Unit VHCC Appeals Panel since 2002. In February 2013 David was appointed to the Legal Aid Agency Special Controls Review Panel. David has been a Police Station and Court Duty Solicitor since 1986.

David has very extensive road traffic defence experience gained in 35 years of representing clients who have faced the whole range of motoring offences.  David has persuaded numerous Courts over the years not to disqualify his motoring clients.  David divides his time equally between his specialist areas of criminal defence work which includes motoring offences

Notable Cases

FRAUD

R –v- MS & Others – Canterbury Crown Court – MTIC Operations Cruse, Dover and Seafront (VHCC) – Multi-jurisdictional VAT MTIC Carousel Fraud and Cheating the Public Revenue (£10,000,000). Our Company Director client was acquitted on count 1 of the indictment after 2 trials lasting 7 months at Canterbury Crown Court.

See: http://www.gov-news.org/gov/uk/news/four_men_jailed_for_57_years_for_16310_million/61319/html

R –v- AG & Others – Kingston Crown Court – MTIC Carousel Fraud – Operation Vaulter (VHCC) – Very long-running multi-jurisdictional MTIC Carousel and Contra Trade VAT fraud with money laundering allegations involving over £80,000,000. 19 Defendants split between 5 trials listed between 2012 and 2015. David’s Company Director client is the only defendant who has not been convicted following his 5 month trial. Case Press restrictions currently in force.

See: http://www.tax-news.com/news/hmrc_Swoops_On_Money_Launders_And_Vat_Fraud_Gang_28334.html

HMRC – Montpelier Criminal Investigation

David is currently acting for three subscribers within a Montpelier Tax Avoidance scheme where HMRC have instituted criminal investigations in late 2012.

See: http://www.ft.com/cms/s/0/2fb697d8-4cfb-11e2-8b70-00144feab49a.html

See: http://www.thisismoney.co.uk/money/news/article-2257942/Bankers-hundreds-questioned-Isle-Man-offshore-tax-avoidance-scheme.html

R –v- RR – Operation Donets – Southwark Crown Court “Britain’s Biggest DVD Piracy Scam” (VHCC). Non-custodial sentencing outcome for our client.

See: http://news.sky.com/story/711896/dvd-piracy

R –v- AC – Middlesex Crown Court – “Well planned and sophisticated fraud” where 3,000 eBay shoppers were defrauded. “Biggest fraud of its kind so far uncovered”.

See: http://www.telegraph.co.uk/news/uknews/1501728/Internet-trio-who-cheated-3000-eBAY-shoppers-are-jailed.html

R –v- DW – Leeds Crown Court (VHCC) – Operation Savanna – “One of the biggest fuel frauds in history”. Our client was acquitted by the Jury at the end of a 3-month trial.

See: http://www.thurrockgazette.co.uk/news/5034100.men_jailed_over_twomillion_fuel_scam

R –v- JG – Southwark Crown Court – (VHCC) – £6.5 million 15 Defendant mortgage fraud case. David acted in Regulatory and then Criminal proceedings at the Crown Court for a Chartered Surveyor who received a non-custodial sentencing disposal for conspiracy to defraud.

R –v- NA & SS – Birmingham Crown Court – 8 Defendant Serious Fraud Office Prosecution involving a £6million major international (USA and Pakistan) long firm fraud using complicated money laundering systems. We represented 2 of the 8 defendants.

R –v- JH – Norwich Crown Court – Suffolk Fraud Squad VHCC case. David’s client “duped investors out of an estimated 1.3 million pounds” in relation to a fictitious African Airline Company (Zircon Airways Corporation Limited) based in Benin, Africa via an unauthorised investment business.

R –v- PG – Leicester Crown Court – Martial Arts Organisation Insurance fraud – over 60,000 members left uninsured.

R –v- RT – Chelmsford Crown Court – Conspiracy to defraud – 6 Defendant “highly sophisticated” £1million fraud involving top of the range motor vehicles. The case involved an 18 month investigation by Essex Fraud Squad.

See: http://www.thewestmorlandgazette.co.uk/news/194821.butt_stands_behind_kinnear

R –v- RP – Central Criminal Court – 2014 – Our client, a very successful banker, was the subject of a 5 year multi-million pound fraud investigation by City of London Police. A non-custodial case sentencing outcome was achieved for him at the Central Criminal Court.

R –v- HMN – Inner London Crown Court – David’s client made fraudulent multiple share applications in a newly nationalised company. A non-custodial sentencing case outcome achieved.

MURDER AND HOMICIDE

R –v- MO – Inner London Crown Court – Client acquitted of murder after an 8-day trial in which the Jury accepted that he had acted in lawful self-defence during a fight.

R –v- SC – Chelmsford Crown Court (VHCC case) – “The Danielle Jones Murder Case” – the largest ever Essex Police investigation.

See: http://webarchive.nationalarchives.gov.uk/20110218200720/http:/www.hmcourts-service.gov.uk/cms/144_7512.htm

See: http://news.bbc.co.uk/1/hi/england/2581739.stm

R –v- LS – Chelmsford Crown Court – Client acquitted of murder and convicted of manslaughter.

See: http://news.bbc.co.uk/1/hi/england/essex/6919143.stm

R –v- TS – Chelmsford Crown Court – The shaking to death of a 10-week old baby. David’s client was found not guilty of murder but convicted of manslaughter.

R –v- GF – Basildon Crown Court – A significantly below tariff sentence was obtained for David’s client who drove his motor vehicle whilst suffering from an undisclosed and undeclared medical condition (epilepsy) and tragically killed a young woman.

See: http://www.bbc.co.uk/news/uk-england-essex-13894916

SEXUAL OFFENCES

R –v- SM – Harrow Crown Court (2014) – Our client faced 11 counts relating to the sexual abuse of a child in his case under a Special Guardianship Order. He was acquitted of all matters by a jury who deliberated for less than an hour after a 9-day trial.

R –v- BUO – Woolwich Crown Court – David’s client, an alleged serial rapist, was acquitted after a 10-day trial where the allegations involved numerous acts described by the Crown as of “the utmost depravity”.

R –v- DT – A West Yorkshire Police 14-month investigation into historical sexual abuse allegations involving our Vicar client. Lengthy written representations were made to the Crown Prosecution Service and no charges resulted at the conclusion of the Police investigation.

R –v- JQ – Snaresbrook Crown Court – David’s client was a Stockbroker accused of rape. He was acquitted after a 2-week trial.

R –v- AP – Central Criminal Court – Operation Mapperton – David’s client was a Magistrate and Local Councillor who was in charge of a Children’s Home in Essex where over 100 victims were alleged to have been sexually abused.

See: http://www.theguardian.com/uk/2001/oct/09/sarahhall

R –v- MS – Snaresbrook Crown Court – David’s client was a school teacher. He achieved a non-custodial sentencing outcome for him. 10 years later historical allegations of sexual abuse dating back 40 years surfaced. David successfully persuaded the authorities to bring no further charges against him. 

DRUGS – IMPORTATION, MANUFACTURE AND SUPPLY

R –v- CC – Operation Eaglewood – £100million drugs ring (VHCC) – Woolwich Crown Court.

See: http://www.bbc.co.uk/news/uk-11930487

R –v- AB – Operation Marginal – Conspiracy to import £20million of Heroin (VHCC). The case involved a two-year investigation by the National Crime Squad and involved “super grass evidence”.

R –v- KH – Woolwich Crown Court – Over £100million of Cocaine and Cannabis was imported into the country. This was then the largest ever Customs drugs importation case which involved 20 defendants and 5 Barristers being instructed by the Prosecution. The first trial involved supergrass evidence from Michael Michael as well as a lengthy abuse of process argument involving entrapment.

See: http://www.guardian.co.uk/uk/2001/dec/19/drugsandalcohol.nickhopkins

TERRORISM CASES

R –v- AAS and Others – Central Criminal Court – David represented six hijackers at Harlow Police Station. They had been detained at Stansted Airport under the Prevention of Terrorism Act following the hijacking of an aircraft in Afghanistan which was then flown to the UK (via Russia) and then became involved in an SAS hostage siege on the airport runway.

See: http://www.independent.co.uk/news/hijack-jet-forced-to-fly-to-uk-1311633.html

ARMED ROBBERY

R –v- RB – Millennium Dome Diamond Exhibition robbery. Had the robbery been successful then it would have been the largest robbery in history as the jewellery was valued at £200million.

See: http://en.wikipedia.org/wiki/Millennium_Dome_raid

R –v- PR – Woolwich Crown Court – £7,000,000 armed robbery at Johnson Matthey Gold Bullion Dealers Smelting Plant. David’s client was acquitted of armed robbery after a four month trial.

See: http://www.standard.co.uk/news/police-sting-on-gold-gang-6979007.html

MOTORING OFFENCES

R –v- PS (2014) – Basildon Magistrates’ Court – David persuaded the Court not to disqualify our client who had 12 penalty points on his driving licence.

R –v- PH – Lengthy Essex Police investigation into a death by dangerous driving allegation.  No further action taken by the Police.  

FIREARMS

R –v- DS – Manchester Crown Court – Our client allegedly produced a sawn off shotgun at a business meeting. After a lengthy trial he was acquitted of the allegation.

GBH

R –v- JB – Basildon Crown Court – Our client was arrested for attempted murder (Samurai sword). Acquitted of GBH after lengthy trial.

See http://www.echo-news.co.uk/news/3725959.Updated_4_charged_over_Southend_attack

R –v- BC – Basildon Crown Court – A licensed mini cab driver was alleged to have assaulted a customer. A non-custodial outcome was achieved for David’s client and his livelihood was maintained.

KIDNAP

R –v- RM and RS – Norwich Crown Court – A conspiracy to steal lorry loads (48 lorries) over a two-year period, which involved the kidnap of a lorry driver who was held for 11 hours. Our client had this allegation of kidnapping discharged at committal.

R –v – PW – Exeter Crown Court – The case involved rape and kidnap allegations in relation to our client’s estranged wife. 

CHILD PORNOGRAPHIC IMAGES

R –v- PC – Alleged illegal child internet pornographic images downloaded to a computer. No charges were brought against David’s client after a 2 year Essex Police investigation.

R –v- KF – Basildon Crown Court (2013) – David obtained expert evidence to persuade the Court that an immediate prison sentence was not necessary and that sentencing guidelines did not have to be followed in this case. Many thousands of images (of all levels) together with extreme pornography were downloaded and catalogued over many years.

MONEY LAUNDERING

R –v- SB – Basildon Crown Court – After a 4-week trial David’s client was acquitted of international money laundering in a Serious & Organised Crime Agency (SOCA) case.

R –v- BM – A complex Hampshire police investigation into the alleged money laundering of a former politician’s fraudulent expenses led to no charges being brought against our client.

CONFISCATION

In VAT fraud (MTIC) Operation Cruse the Crown sought a minimum benefit figure against David’s Company Director client of £9,690,734. After a lengthy contested Confiscation hearing at Southwark Crown Court our client was ordered to pay £18,020 within 6 months.

PERVERTING THE COURSE OF JUSTICE

R –v- KL – Ipswich Crown Court – David’s client was the subject of a lengthy Police investigation into a conspiracy to pervert the course of justice arising out of a high profile murder case. No charges were brought against the client at the conclusion of the Police investigation.

See: http://news.bbc.co.uk/1/hi/england/7746250.stm

Call us on
0208 591 3366
Charged at local rates
Let us call you back
Enter your details for a member of our teamto give you a call back
Request a call back

Our offices

Solicitors in Stratford

Burrell House
44 Broadway
Stratford
London
E15 1XH

0208 591 3366
Solicitors in Romford

102-106 South Street
Romford
Essex
RM1 1RX
(Entrance in Havana Close)

01708 766155
Solicitors in Grays

The Old Courthouse
Orsett Road
Grays
Essex
RM17 5DD

01375 486500
Solicitors in Barking

Focal House
12-18 Station Parade
Barking
Essex
IG11 8DN
DX: 8501 BARKING

0208 591 3366
Saturday Legal Clinic

Saturday Legal Clinic

Our Saturday Legal Clinic is open every Saturday from 9am to 1pm at our Romford and Barking offices. As Solicitors in Romford and Barking we want to ensure every potential client has the opportunity to have a free 15 minute consultation with a lawyer.

More Information
Clinical Negligence
Conveyancing Quality
Criminal Litigation
Family Law
Family Mediation
Mental Health
Chambers UK
Lexcel
Resolution
Cyber Essentials