Mark Kelly - Criminal Fraud & Proceeds of Crime
Mark is a defence barrister. He has worked in competition law in the European Commission and studied European Law at the College of Europe in Bruges. He was part of the criminal bar asociation’s team of barristers responsible for teaching criminal practitioners about the impact of the Human Rights Act 1998 on domestic criminal practice.
He has substantial experience in serious fraud work including multi-million pound carousel fraud / MTIC fraud; education fraud; internet fraud and bank fraud. He deals with the associated confiscation and restraint proceedings as can be seen from the reported cases referred to below.
He appeared in the first Revenue Evasion case, [Operation Indicia], post the ‘Bond House’ judgment in which all defendants were acquitted. This arose from submissions he drafted which analysed the implications of the judgment for criminal prosecutions under the VAT Act.
He played a key role in bringing about the collapse of the crown’s attempts to rely on a co-defendant as a prosecution witness in a Colombian Money Laundering Case [involving in excess of £5 million], by challenging the crown’s handling of the witness and by highlighting the crown’s failure to comply with its disclosure obligations in respect of the witness.
In a carousel fraud [causing £54million loss to the Revenue], he conducted all the pre-trial abuse and severance arguments on behalf of his client as leading counsel was unavailable.
As leading counsel in the confiscation proceedings in the matter of Namer he successfully obtained a legal ruling from the judge that resulted in the benefit figure being reduced from in excess of £230 million to £2.5 million. [The final benefit figure was subsequently agreed at just over £1 million].
In the latter part of last year he was leading junior in a 3 month trial in which his client was acquitted of allegedly running a learner provider scheme and claiming significant funds from the Department of Education. Mark’s client, [who neither spoke English nor was able to write English], was the only defendant out of 6 who was acquitted.
Mark successfully defended in the first case of market abuse brought by the FSA against Company Directors’ of a listed company in the Crown Court. [3 month trial- other defendants convicted]
In 2009 he also successfully defended a company director / paramedic charged with supplying class A drugs to a fellow paramedic who injected himself with them and died.
He has substantial experience in Professional Tribunals and associated appellate proceedings.
Dip Law [Belgium];
Certificat de lingue et civilization [degre superieur] from Universite de la Sorbonne, Paris, France
Criminal Bar Association
Bar European Group
European Lawyers Bar Association
POCLA (Proceeds of Crime Lawyers Association)
Chambers & Partners 2017 - Rated as Band 2
"A good, analytical lawyer. He worked incredibly hard and devised legal submissions which won the case."
Chambers & Partners 2016 - Rated as Band 2
"He thinks about the minutiae of the evidence and discusses every point with me and with the clients. He is an excellent advocate and out-thinks his professional opponent."
Chambers & Partners 2014 - Rated as Band 1
"Has significant criminal fraud experience. Instructing solicitors admire his approachability, responsiveness and grasp of detail."
Chambers & Partners 2013 - Rated as Band 1
''Mark Kelly of No5 Chambers has a well-regarded criminal defence practice and is praised as an "excellent leading junior fraud counsel" by sources'
A-G REFERENCE Nos 88 2006  2 CAR[S] 28 [successfully opposed AG reference] - now the guideline case on sentencing in carousel / MTIC frauds
R v NAMER [Michael]  2 CAR[S] 24another guideline case on sentence in carousel frauds
R v SPARTLEY-SJ 670[bad character- misleading impression]
R v OMAR  1 CAR[S]
[lifting corporate veil in confiscation proceedings and implications for realizable assets]
R v LOWE
[criminal law week 2009 and Archbold News 2009] - abuse of process and application of s6 discretion under POCA 2002]
Alll these cases are specifically referred to in the text of Archbold [2009 edition]
Recent work: Acted as junior counsel to Harpal Singh Gill, who stood accused of laundering £32 million, a sum allegedly acquired through the supply of controlled substances.