Mark Heywood QC

Viewing: Criminal Fraud and Proceeds of Crime for Mark Heywood QC

Background,
Queen’s Counsel 2012
Prior to taking silk, Attorney General’s “A” List. Grade 4 prosecutor on CPS Fraud and Organised Crime lists.
Extensive experience of acting for and against various Government Departments including,
Crown Prosecution Service Central Fraud Groups, Special Crime Division and Regional Complex Casework Units, H.M. Revenue and Customs, Department of Trade and Industry/Department of Business, Enterprise and Regulatory Reform/Department for Business, Innovation and Skills, Department of Work and Pensions.
Experience in Relevant Evidential Issues,
Covert Investigations, Intrusive techniques under Regulation of Investigatory Powers Act 2000, Intercept evidence, Evidence from foreign jurisdictions and Letters of Request.
Recommendations
“Well-known for violent crime cases and criminal appeals.”
Legal 500 2020
“He’s good at working in a team and is very pleasant to deal with.”
Chambers UK 2020
“He is very calm, professional and has an excellent courtroom manner.” “Inspires confidence.”
Chambers UK 2019
‘Highly recommended for a purview of serious criminal matters.’
Legal 500 2019
“Mark Heywood QC is a very high-standard barrister, both on prosecution and defence.”
Chambers UK 2016
Notable Cases
Operation Ply, Operation Destiny:
12-defendant, multi-million pound commercial mortgage fraud, together with conspiracy to pervert justice by coercing a false defence witness. The defendants used a web of companies and LLPs to acquire a portfolio of commercial properties, then arranged for fraudulent valuations, prospectuses etc. to secure higher valuations which were then presented to banks to secure loans far above the true value of the security. On-going confiscation investigation.
Operation Foamy
2.5 million “Boiler Room” investment fraud and money laundering case, instigated by the Financial Services Authority and West Midlands Police Economic Crime Unit, part of a series of linked share sale frauds in the UK, Spain and the USA which were the subject of a long-running media campaign between BBC Radio 4’s Moneybox programme and a national newspaper.
Operation Fraxwood
Cheating the Queen and Public Revenue. Concealment of true level of trading by successful clothing business, with the complicity of the company’s accountant, resulting in multi-million pound losses of income and value added taxes.
Operation Acumen
Fraud and misconduct in public office, The defendants defrauded the marketing department of West Midlands Police by a series of anti-competitive frauds including corrupting tendering processes for placing contracts.
R v Lee and Others
Corruption, theft and export of military hardware, fraudulent award of supply contracts. Case involved the corrupt relationship between the logistics manager of the Army Base Repair Organisation and a friend involved in the trade of military spars and refurbished equipment. Vast amounts of military spares including tank track, gearboxes and other hardware was diverted by fraudulent manipulation of the store management systems and privately put up for sale through an independent arms company. Other valuable material was wrongly designated as scrap and sold to a front company actually run by the defendants.
Operation Raiment 5
Cheating the Commissioners of Revenue, Fraud and entering into money laundering arrangements. The arrangements to realise the proceeds of a 26m tax fraud (Operation Digits) through a series of connected businesses and property purchases. Further allegations of fraudulently obtained mortgages, breaches of restraint orders and perverting of the course of justice. Next stage due to be tried in May 2014.
R v Al-Haq and others
Land Title and Bullion Fraud, The defendants used fraudulent or forged documents to create fictitious identities. These identities were then used to pose as genuine purchasers of a series of hoses put on the market by their owners in the general course of moving house. Unknown to the vendors, the fraudsters had infiltrated the Land Registry and used the information gathered to this point to fraudulently amend the title records so that each property appeared to have been gifted by deed to one of the false identities. Using that “title”, bridging loans were raised from third party lenders, using the title as collateral. Over 1.2million of this money was laundered through the purchase of gold bullion and shipped, it was believed, abroad. Subsequent asset tracing and confiscation proceedings.
R v Sheehy
Conspiracy to Defraud, Senior manager of Murphy and Son Construction accused of demanding bribes from contractors to secure favourable placement of contracts and also diverting labour and materials from a national rail building programme to expand his own property development business.
R v Helley and Helley
Department of Trade and Industry prosecution. Company formation and management offences – issues of Directors’ disqualification, the use of prohibited names establishing what were, in effect, “Phoenix” companies. Arguments on abuse of process relating to the defendant’s claims to have been induced by DTI officials in earlier civil proceedings before the Official Receiver to give undertakings concerning disqualifications which they had relied upon to their prejudice when the DTI launched criminal proceedings.
R v Haycock, Palmer and Turner:
Misconduct in public office, computer misuse. Serving police officer and criminal associates using information obtained from computerised crime reports and stolen police equipment for use in fraud.
Operation Tally;
Organised crime group tracking lorries nationwide with surveillance equipment and hijacking them for the loads of valuable metals.
Operation Casper;
Commercial supplies of heroin by organised crime group throughout Northwest and Midlands. Searches of properties revealed possession of large calibre weaponry.
Operation Shaston;
Currently advising in a 12million value fraud on MoD by diversion of recycled military equipment for sale to Middle Eastern armed forces.
Re “The Rich Harvest” and “The Cornish Maiden”
A scheme to ship dutiable goods, acquired within the E.U. at lower rates of duty than those levied in the U.K, then to ship them to international waters just outside the British territorial limit. There, it was proposed to sell the goods to any United Kingdom residents who sailed out to meet them. H.M. Revenue and Customs had seized the stock and vessel when bad weather had forced it to enter port for repairs. Their “customers” had left United Kingdom territorial waters but never entered another country’s. Advising on the following issues arising from allegations of evasion of duty: The liability of European Community travellers to excise duties. Implications of s170 Customs and Excise Management Act 1971 for those who sold, in international waters, goods on which duty had been paid in one community country, to United Kingdom nationals who did not declare such goods on return to U.K. territorial limits. Lawfulness of H.M.R.C.’s seizure of the vessel and it’s stock. The criminal jurisdiction of domestic courts over such acts, and the effect of any ruling as a binding precedent. Likelihood of challenging any domestic ruling of unlawfulness in Europe on the basis of incompatibility with community law and convention rights.
Memberships
Mark is a member of the Criminal Bar Association
Qualifications
LLB (Hons)

Latest News & Publications

Mark Heywood QC and Martin Liddiard have successfully represented the defence of a pensioner charged with murder and manslaughter...

Date: Wed, 18 Sep 2019
Two counsel at No5 Barristers’ Chambers are defending an 80-year-old grandmother accused of killing her husband in a ‘mercy killing overdose’....

Date: Thu, 05 Sep 2019
A man has been jailed for the fatal stabbing of a father-of-two in a trial prosecuted by two counsel from No5...

Date: Thu, 11 Jul 2019