David Whittaker

 

David Whittaker

With 25 years' experience, David Whittaker is a highly regarded and respected practitioner who is regularly cited in the industry directories as a leading junior in the fields of crime and fraud. He receives instructions from many leading solicitors and, for some, is their "first choice for serious Crown Court work" (Chambers UK). 

His reputation is that of an extremely able defence advocate. He has considerable presence in court and, following thorough and intelligent preparation, is adept at all the disciplines required for a practitioner of substance. As others have said of him:

"He has gained a reputation as a top-echelon criminal counsel" (Chambers UK)

"He is able to master cases of enormous complexity quickly, reducing them to their key points" (Chambers UK)

Significant and complex fraud cases form a substantial part of his practice. He has extensive experience of most forms of white-collar work, including VAT and MTIC fraud, banking fraud, boiler room fraud, advance fee fraud, mortgage fraud, "Ponzi" schemes, money laundering, corruption (domestic and international), etc. He also has experience of ancillary proceedings, including asset forfeiture, restraint and confiscation. He regularly represents professional people and companies being investigated and accused of crime.

He has also acted in proceedings brought by what is now the Department of Business Innovation & Skills, advising on matters touching directors' disqualification and acting as a director whilst disqualified.

Serious crime (including murder, manslaughter, drug importations, firearms offences and armed robbery) have also formed part of his practice. Recently he has been instructed privately on two appeals against murder convictions (one of which was featured on BBC Newsnight and resulted in the prosecution offering no evidence at the retrial; the other is ongoing). He is also instructed privately by high-profile individuals and professionals in motoring and other cases.

He is also experienced in prosecuting (grade 4) and is instructed in fraud cases (sometimes pre-charge). He was involved in the first prosecution of a foreign government official for corruption (R v Tumukunde & Tobiasen, Southwark CC).

He is instructed in appellate proceedings and has appeared in the House of Lords (as was). In one such case he had acted for the lead defendant in a major money laundering case involving bureaux de change and acted in an interlocutory appeal which resulted in an important point of law being decided by the House of Lords (R v Montila).

Dovetailing with his work representing the interests of companies and their directors and officers, he has also undertaken regulatory crime cases. In this regard he has:

  • Represented several restaurants for infringement of Health & Safety legislation;
  • Represented Greene King in relation to noise abatement and planning issues;
  • Represented the company director of a large waste management company on criminal charges arising out of breaches of environmental regulations. 

 

Recent / Notable Cases

Fraud and Financial Crime
Case name R v Athwal (Harrow Crown Court - Sept 2012)
Appearance
Category
Detail

Defending a property developer in a mortgage fraud.

 

Case name R v Chawda (Southwark Crown Court - June 2012)
Appearance
Category
Detail

Prosecuting a fraud perpetrated on the Museum of London.  Case involves related, factually complex, proceedings for money laundering achieved by unusual and technically sophisticated means.

Case name R v Downs (Southwark Crown Court - May 2012)
Appearance
Category
Detail

Junior alone defending in a large residential mortgage fraud.

Case name R v Yorkshire and others (Norwich Crown Court - Jan to May 2012)
Appearance
Category
Detail

Leading junior for the defence in a 11-week trial at Norwich Crown Court. Alleged £50m "Ponzi" scheme involving international activity, along with historic and concurrent proceedings in several US states.

Case name R v Austin (Winchester Crown Court - Aug to Oct 2011)
Appearance
Category
Detail

Represented the principal defendant in a money laundering case brought following the theft of US$15million from Germany's Commerzbank.  The Crown alleged serious organised criminal conduct involving theft of money by bank employees, laundered in jurisdictions around the world, before being returned to the UK.

Case name R v Somoye (Southwark Crown Court - Aug 2011)
Appearance
Category
Detail

Instructed by the Central Fraud Group to lead in a money laundering case valued at in excess of £5m.

Case name R v Lawrence (Southwark Crown Court - Jan to May 2011)
Appearance
Category
Detail

Represented a solicitor charged with money laundering in relation to commercial properties.  The case involved close analysis of transactions through client accounts, complex valuation issues and matters of professional standards of solicitors.

Case name R v Hamza and others (Southwark Crown Court - Jan 2011)
Appearance
Category
Detail

Leading junior for the Central Fraud Group in a residential property mortgage fraud.

Case name R v Maher (Southwark Crown Court - Nov 2010 to Jan 2011)
Appearance
Category
Detail

Sole counsel instructed to defend in a residential property mortgage fraud.

Case name R v Patel and others (Southwark Crown Court - Oct 2010)
Appearance
Category
Detail

Leading junior for Central Fraud Group in a residential property mortgage fraud.

Case name R v Vyse and others (Southwark Crown Court - Sept 2010)
Appearance
Category
Detail

Defending (alone) in a large-scale tobacco importation case.  (9 importations.)

Case name R v Sigurdsson (Ipswich Crown Court - Apr to July 2010)
Appearance
Category
Detail

Defending, as leading junior, a director of multiple companies in an extensive and complex boiler room fraud.  S. alleged to have encouraged legitimate companies to enter into the fraud by putting themselves forward for promotion to victims.  The case also involved a complicated international dimension, with boiler rooms in Spain, and links to boiler rooms in the USA and other jurisdictions.

Case name R v Ayende-Azeez and others (Southwark Crown Court - Feb to Mar 2010)
Appearance
Category
Detail

Leading junior for Central Fraud Group in residential mortgage fraud valued at in excess of £3m.

Case name R v Sidhu (Readng Crown Court - Sept to Oct 2009)
Appearance
Category
Detail

Defending, as leading junior, a director of a substantial textile company in a multi-million pound VAT and tax fraud.

Serious and Complex Crime
Case name R v NJ (Court of Appeal - ongoing)
Appearance
Category
Detail

Representing an appellant convicted of murder, serving a minimum term of thirty years.  The Crown's case at trial relied on extensive CCTV images of the defendant's car in a certain location.  The appeal will challenge the Crown's case on forensic science grounds. 

Case involves the presentation of complex expert witness evidence which will criticise the methodology of the original forensic investigation, and will suggest evidence that the appellant's car was in fact elsewhere at the time of the murder.

Case name R v Hayden (Snaresbrook Crown Court - Nov 2011)
Appearance
Category
Detail

Instructed as junior alone in a shooting case.

Case name R v Arthur (Southwark Crown Court - June to July 2011)
Appearance
Category
Detail

Leading junior in a large cocaine supply case.

 

Case name R v Connor (Kingston Crown Court - Nov 2009)
Appearance
Category
Detail

Defending as leading junior in drug importation and related money laundering.

Case name R v Saunders (Canterbury Crown Court - Oct 2009)
Appearance
Category
Detail

Defending as leading junior in drugs importation case.

Case name R v Ibrahim and others (Woolwich Crown Court - Apr to Sept 2009)
Appearance
Category
Detail

Defending as leading junior in drug importation and related money laundering.  It was alleged the client provided a banking facility for most of the major organised criminals in the South East.

Corporate Crime and Business Regulation
Case name R v T
Appearance Defending
Category
Detail

Representing a director of a waste company which operated two significant landfill sites in a prosecution arising from investigations into breaches of various environmental regulations.  The case also saw him accused, with fellow directors, of industrial espionage relating to illegally viewing e-mails and tapping telephones to secure information in relation to commercially sensitive planning applications. Client acquitted, notwithstanding guilty pleas entered by other two defendants.