Overview
James practises in both civil and criminal law. He is a specialist in Asset Recovery money laundering and Proceeds of Crime work. He has significant expertise in dealing with Account Freezing, Listed Assets and Forfeiture applications in the Magistrates Court and Civil Recovery in the High Court. He is instructed on behalf of businesses, by individual members of the public and by Government departments, such as the NCA, HMRC, FCA and DPP.
James also has extensive expertise in applications and judicial reviews relating to law enforcement investigations such as search warrants, restraint, disclosure orders, receiverships and moratorium extensions.
In his capacity as a “A panelist” on the Attorney General’s list of Civil Counsel, he deals with immigration, inquest and inquiry work and challenges to government policy.
James is also a standing counsel to Santander bank.
He has been featured in Chambers and Partners in the field of Proceeds of Crime and Asset Forfeiture work (all circuits) since 2014 and has been “Top Ranked” since 2016. James is ranked as a Tier 1 leading individual in The Legal 500 for POCA and Asset Forfeiture (London Bar).
James Fletcher was nominated as Financial Crime junior of the year, at the Legal 500 UK Bar Awards 2022.
Additional information
Direct Public Access
James is qualified to receive instructions directly from members of the public. He is qualified to conduct litigation. Recent cases include:
- Advising on Restraint Proceedings.
- Advising on third-party intervention at confiscation.
Professional Panel Appointments
- Attorney General's Panel of Counsel: A Panel.
- Grade 3 Prosecutor for the Crown Prosecution Service (CPS).
- CPS specialist list for Proceeds of Crime: Grade 3.
- CPS specialist list for Fraud and Serious Crime: Grade 4.
Asset Forfeiture, Confiscation & Civil Fraud
James has specialist knowledge of the Proceeds of Crime Act 2002 and Asset Forfeiture. Government bodies, defendants, third parties and victims all approach James to act in Account Freezing, Restraint, Receivership, Confiscation and Enforcement cases in the Magistrates’ Court, Crown Court and High Court.
"A specialist whose highly comprehensible advice you can trust." "With his technical knowledge comes an enthusiasm for the subject matter."
Chambers and Partners 2020.
'Another amazingly bright practitioner in the field, and always very prepared.’
Legal 500 2019.
Business Crime & Financial Regulation
James is a barrister who acts across the whole spectrum of regulatory cases. He deals with all types of search warrant, production order and disclosure applications and associated judicial reviews.
James acts for parties in contempt of court applications in the civil and criminal courts.
Criminal Defence & Criminal Prosecutions - Private & Public
James’ practice in crime focusses on fraud and money laundering cases where there are significant quantities of material.
James accepts Private Prosecution Instructions.
“A seasoned prosecutor, and the go-to guy for the Metropolitan Police and their civil applications for POCA. He does a lot of work for HMRC as well and is highly experienced.”
Chambers and Partners 2023.
Immigration
James accepts immigration instructions and regularly appears in the Upper Tribunal and other Courts in relation to Judicial Review.
Judicial Review & Public Law & Inquests & Inquiries
James accepts immigration instructions and regularly appears in the Upper Tribunal and other Courts in relation to Judicial Review.
James accepts instructions in relation to Public Inquiries and Inquests.
Professional Memberships
- Proceeds of Crime Lawyers Association.
Cases of Note
Contempt of Court Proceedings: Umbrella Care Ltd (in Liquidation) v Usman Raja: High Court.
James acted for the Defendant, resisting contempt of court allegations arising out of a labour supply fraud.
R (on application of Express Remit and MT Global) v HM Revenue and Customs
Acted for HMRC. Unsuccessful challenge to HMRC’s policy in calculation of fines for breaches of the Money Laundering Regulations.
Radley v Feld
Private prosecution alleging theft of 1.5m from Defendant’s mother. Prosecutor was Defendant’s sister. Acted for Defendant. Unanimous acquittal.
Acted for Scottish Office and Department of Health in the Infected Blood Inquiry
R (on application of AM) v Secretary of State for Home Department [2022] EWHC 2591 (Admin).
Challenge to SSHD Immigration Rules and effect upon victims of Transnational Marriage Abandonment.
NCA v Vlad Filat (appeared for NCA in first contested AFO)
Appeared for the NCA in their first contested application for Account Forfeiture Orders. The Court ordered forfeiture of approximately £500,000 in three accounts held in the name of Vlad Filat, the son of the ex-Moldovan prime minister who was found guilty in 2016 of bribery and corruption offences arising out of his role in the disappearance of 1 billion USD from three Moldovan banks. The Court found the balances derived from the father’s corruption also considered that the bank account funds derived from money laundering.
R v Tom Hayes [2018] 1 WLR 5060.
The proper approach to making a tainted gifts finding.
R v Contogoulas & Others
Successful defence of a former Barclays US Swaps trader accused of dishonest manipulation of the LIBOR interest rate benchmark between 2005 and 2007. Led by John Ryder QC (6 KBW College Hill). After a three month case in 2016 where the jury were unable to return verdicts, Mr Contogoulas was acquitted in a re-trial in 2017.
Operation Bitterling
£1.2m VAT fraud conducted by two Indian restaurants over an 8 year period.
Operation Airbrick
Leading junior in a £14m money Laundering case where part of the money was laundered through an alcohol trading company.
Operation Thornback
A multi defendant case where the defendants distributed and sold non duty paid cigarettes across the UK.
R (on the Application of Chaudhary) v Bristol Crown Court [2015] EWHC Admin 723
Costs in section 59 cases. Search warrants
R (on the Application of Chaudhary) v Bristol Crown Court [2014] EWHC Admin 4096
A challenge to the lawfulness of a search warrant issued by the Crown Court must be made to the High Court by way of judicial review.
R (On Application of Bavi) v Snaresbrook Crown Court [2013] EWHC 4015
Mental health issues in cash forfeiture case.
