David Whittaker QC

David Whittaker QC

"He is incredibly well respected. His strengths are that you have complete confidence in his ability to handle a case. His knowledge of the law, analytical skills, client care and advocacy skills are yet to be rivalled by any other barrister I have worked with."

Legal 500 UK 2021
Year of call: 1986 QC: 2019
For enquiries please call: 020 7353 5324 or email vcard cv linkedin save

Business Crime & Financial Services

Significant and complex fraud cases have always formed a substantial part of David’s practice. He has extensive experience of most forms of white-collar work and is often instructed to defend in SFO and FCA prosecutions.

David has appeared in many serious fraud cases, including MTIC fraud, tax fraud, insider trading, advance fee fraud, mortgage fraud and fraudulent trading. He was instructed in the largest insider trading fraud prosecuted by the FCA (R v Dodgson & ors) and one of the largest land-banking frauds (R v Crawley & ors). He has also appeared in many cases of money laundering and has considerable experience of ancillary proceedings, including asset forfeiture, restraint and confiscation.

David is also instructed in financial private prosecutions and advises companies with regard to business crime, in particular bribery and corruption.

Cases

LB v MB

Instructed pre-charge to advise and commence proceedings for an individual who was defrauded of nearly €1 million by a broker and financial intermediary. Case ongoing.

R v MK

Instructed to represent MK who has been charged with laundering the proceeds of her partner’s alleged fraud whilst he was working at the Commonwealth Secretariat and a leading firm of London solicitors. Case ongoing.

SFO v AM

AM was only the second individual to be charged and tried for her failure, under section 2(13) Criminal Justice Act 1987 (CJA), to comply with a notice in writing from the Serious Fraud Office, under section 2(3) CJA, to produce documents, those documents relating to the SFO investigation into Eurasian Natural Resources Corporation Limited (ENRC). Although convicted of the charge (having failed to establish a reasonable excuse) she was sentenced to a fine of only £800.

R v Javid Limbada

Represented the Head of International Business Development at a London-based finance company who was tried for his part in a £25 million excise fraud at Southwark Crown Court in 2019. The defendant had denied any illegitimate involvement in the fraudulent scheme and said that he was recruited for his longstanding legitimate business experience. He was acquitted on all of the six charges that he faced.

R v Terence Green

TG was charged with two counts of money laundering relating to €45,600 found in his car and a further €420,000 and $10,000 found in various locations at his home address. TG successfully argued that the money was on part property intended for his daughter’s bureau de change located in central London and in part his own money derived from a number of successful property transactions.

In a separate case, TG’s wife was acquitted of property fraud.

PD v NB & HB

Instructed as the private prosecutor in the prosecution of two defendants for fraud of £16.5 million. Obtained a restraint order ex parte against one of the defendants who lives overseas and successfully resisted an inter partes application to discharge that order.

R v Nickson

Represented a leading clinical negligence solicitor with fraud on two of his clients who had suffered life-changing injuries following treatment by the NHS.

Operation Dorothy

Represented a Swedish businessman charged with fraud of $4 million.

Operation Tabernula

IP was a well-known London trader who faced charges of insider dealing, having allegedly conspired with an employee of Deutsche Bank.

Operation Cotton

Leading junior representing defendant on a charge of conspiracy to defraud in respect of the largest land banking scheme brought by the FSA.

R v West & Others

Leading junior representing a company director charged by the SFO with fraud by misrepresentation, fraudulent trading, furnishing false information and 3 counts of bribery.

R v NG & Others

Leading junior representing the chief engineer in a telecommunications company charged with conspiracy to defraud.

Operation Kyrenia

Represented a clinical perfusionist charged with conspiracy to defraud the Basildon and Thurrock University NHS Foundation Trust by failing to deliver his contracted hours in order that he could maximise his income from private practice.

R v Murray & Others

Leading junior representing a company director charged with conspiracy to defraud in respect of a multi-million pound MTIC fraud.

R v Yorkshire

Leading junior in a high yield investment fraud where three losers were seduced into parting with, respectively, $1 million, 10 million Euro and £11.9 million.

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