Lewis MacDonald

Business Crime & Financial Services

Lewis has been involved in a number of cases involving large scale financial investigations representing individuals or companies, both for the prosecution and defence. His current and recent instructions include acting as junior counsel for a Lebanese bank prosecuted for fraud, counsel alone for a high-profile political organisation prosecuted for Companies Act offences, counsel alone for an individual facing FSMA offences, and junior counsel for an international corporation prosecuting what the sentencing judge described as the most sophisticated counterfeiting fraud he had ever come across.

Lewis regularly acts for both sides in asset forfeiture. He acts for both the authorities and individuals and corporations faced with cash or account forfeiture. His recent cases include the recovery of €52,000 carried by three diamond dealers following a contested hearing, in which his clients were unusually awarded their legal costs against the police.

He currently acts in a number of account freezing order proceedings involving very substantial six-figure sums, including recently appearing alone for a US currency exchange faced with an account forfeiture order, who ultimately had their funds returned and a portion of their legal costs paid by the Metropolitan Police.

Lewis has particular experience and interest in advising legal and other professionals on their money laundering due diligence obligations arising under the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007. He is able to advise individuals and businesses on their obligations in relation to money laundering, bribery, and customer due diligence. He has advised and acted for individuals and companies facing both criminal and regulatory proceedings.

In the civil sphere, Lewis has expertise in cases where sanctions have been imposed by the UK government. He assisted for a number of years as part of the team for HM Treasury in Bank Mellat v HM Treasury, an extremely high value claim arising out of the Iran nuclear sanctions regime which has been in the higher courts a number of times, including the Supreme Court.

Lewis has also regularly advised in civil proceedings arising out of criminal and regulatory cases. He gave long running and extensive advice in a civil fraud raising a number of issues with regard to use of material obtained in criminal proceedings, which eventually resulted in the client successfully extricating themselves from the civil case. He has often advised commercial clients faced with witness summons for the disclosure of sensitive information, especially in criminal proceedings.

In the civil sphere, Lewis has expertise in cases where sanctions have been imposed by the UK government. He assisted for a number of years as part of the team for HM Treasury in Bank Mellat v HM Treasury, an extremely high value claim arising out of the Iran nuclear sanctions regime which has been in the higher courts a number of times, including the Supreme Court.

Lewis has also regularly advised in civil proceedings arising out of criminal and regulatory cases. He gave long running and extensive advice in a civil fraud raising a number of issues with regard to use of material obtained in criminal proceedings, which eventually resulted in the client successfully extricating themselves from the civil case. He has often advised commercial clients faced with witness summons for the disclosure of sensitive information, especially in criminal proceedings.

Current and recent work:

R v TS

Illegal Money Lending Team prosecution in which the defendant and her husband (represented by Daniel Chadwick) were accused of operating a business providing hundred of thousands of pounds of loans over several years. The defence case was that the loans were provided as part of a culture originating in the Philippines, did not constitute a business and were therefore exempt from regulation under the Consumer Credit Act 1974 and the Financial Services and Markets Act 2000. Both defendants were acquitted of all charges after a trial at Snaresbrook Crown Court.

Supreme v Michele Di Pierro and others

Junior counsel for private prosecutor in highly publicized prosecution of two Italian nationals and English company engaged in sophisticated counterfeiting fraud committed in UK, Europe, and China. All defendants convicted and sentenced to total of 11 years imprisonment and £7.5 million fine.

SFO v Jardine and others

Part of counsel team with two KCs and three juniors in accounting fraud prosecution following a DPA with G4S.

National Money Lending Team v A

Sole counsel for individual charged with offences under the Financial Services and Markets Act 2000 and Consumer Credit Act 1974, raising complex legal issues requiring resolution before the Lord Chief Justice in the Court of Appeal.

Private Prosecutor v A Ltd

Sole counsel for defendant, high profile political organisation, charged with Companies Act offences. Court dismissed summonses and awarded wasted costs after contested hearing.

MPS v B Ltd

Sole counsel for US currency exchange faced with six figure account forfeiture order. Fund belonging to the company were returned and the MPS agreed, after a number of contested hearings, to pay a portion of the companies’ costs.