James Lake

Fraud Law

James has particular expertise in fraud and financial crime for the prosecution and defence. This includes VAT Fraud, Financial Services Fraud, Fraudulent Trading, Investment Fraud, Banking Fraud, Film Tax Credit Fraud, Phoenix Fraud and Company Investigations. He receives instructions for advice pre-charge by both the prosecution, regulatory bodies, companies and individuals in relation to Fraud and Financial Crime.

Fraud Cases

Operation Felucca

(Leeds Crown Court 2014)
Leading Junior in successful prosecution of two brothers charged with fraudulent trading arising out of property investment fraud. Ds sold off-plan holiday properties in Bulgaria and Cape Verde to 72 victims diverting £1.6 million to pay off personal debts.

Op Circus 2

Instructed by SFD to prosecute eleven Ds charged with offences of fraud through complex series of allegedly Ponzi style frauds. Due for trial (4 months) at Birmingham Crown Court in early 2020.

R v Driscoll

Acquittal on Film Tax Credit Fraud following a 9-week trial. The case was the first prosecution by HMRC in relation to the new ‘film tax credit’ scheme.

Serious Fraud Office v Morris Properties Ltd

Led by Guy Kearl QC (Now HHJ Kearl QC) in representing Leeds businessman accused of £100 million fraud. After a three-year investigation our proactive stance in Judicial Review proceedings, police complaints and police act applications led to the client being refused charge.

Operation Circus

Successfully prosecuted a Panamanian Land Fraud and Platform Trading Fraud. The case lasted 6 months. The defendants were Financial Advisors and Solicitors and the offences, amongst others, were contrary to the Financial Services and Markets Act 2000. The case required complicated and detailed analysis of the legislation and all applications by the defence in relation to the operation of the legislation to the facts of the case were successfully opposed.

R v Rudd

Representing a defendant charged with multiple frauds (including Phoenix frauds) who had left the jurisdiction and was extradited after 7 years. The case involves undercover police officers and ‘probe’ evidence obtained throughlistening devices placed in the company office.

R v Mounsey  

Led by G Kearl QC in multi-million-pound VAT missing trader fraud.

Regulatory Law

James regularly receives instructions nationwide to prosecute and defend in Health and Safety, Licensing, Counterfeit goods, Trading standards, Traffic Commissioner Inquiries, Federation Against Copyright Theft (FACT), and environmental cases. James also receives instructions from professionals charged with misconduct who then have to appear before their professional body. This has included nurses, doctors and opticians.

R v Morrison and Towers

Successfully prosecuted on behalf of Trading Standards two company directors charged with offences contrary to the Consumer Protection from Unfair Trading Regulations. The case was covered nationwide by the press and television.

HSE v Poundstretcher

Represented the company for over 6 years in relation to breaches of Health and Safety legislation. 

Local Authority v Faisals Restaurant

Complicated licensing appeal by a restaurant accused of serious criminal conduct. 

Trading Standards v Ali Wholesale Limited

Successful prosecution of a company accused of breaching European legislation in relation to the importation of food stuffs containing Sudan 1, a known carcinogenic.

Environmental Authority v Brotherton 

Defence of a family accused of breaching environmental law in relation to the running of a waste disposal site.

Criminal Law

James both prosecutes and defends in all areas of criminal law. He is instructed in the full range of criminal cases from fraud and financial crime, drug trafficking, sexual offences and money laundering often requiring a level of expertise and skill normally associated with somebody of more senior call.

Criminal Cases

National Bank of Abu Dhabi

Provided proactive advice to the bank in relation to jurisdictional regulatory and criminal proceedings.

R v Cosford

Led by Andrew Stubbs QC representing a prison nurse working at HMP Wakefield accused of Misconduct in Public Office. This case attracted nationwide publicity due to its unique factual circumstances.  It is also subject to appeal to the Supreme Court in relation to the definition of ‘public officer’ and is a reported case.

Operation Greengage

Defended in multi-million-pound conspiracy to import drugs and firearms. Featured on a Panorama BBC1 Special. (reported case)

R v YY

Led by Andrew Stubbs QC representing a defendant charged with 2 x conspiracies to murder. The case was largely conducted in ‘camera’ due to issues regarding National Security.