Benjamin Burge > Chambers of David Josse KC > London, England > Barrister Profile

Benjamin Burge

+44 (0) 207 332 5400 clerks@5sah.co.uk View profile

Work Department

Ben is a criminal practitioner, who is regularly instructed as junior counsel in serious fraud, financial and general crime matters.

Position

Ben is a barrister specialising in crime and financial regulation, and is frequently instructed as junior counsel in serious and complex fraud, financial and general crime matters.

In recent years, Ben has developed a strong practice in the areas of complex, high-value fraud, money laundering and business crime. He is frequently instructed as led junior counsel in lengthy, multi-defendant cases in the Crown Court, including homicides.

Ben also has experience acting as the instructed disclosure counsel, including in a series of multi-defendant cases involving international money laundering prosecuted by HMRC, and is currently assisting the National Crime Agency with a lengthy and ongoing LPP review.

In addition to his Crown Court practice, Ben has assisted law enforcement agencies, regulatory bodies and private firms with substantial disclosure exercises, evidence reviews and in providing general legal advice.

Ben is currently part of a team involved in reviewing historic investigations and case material in connection with the Post Office Inquiry.

Since October 2022, Ben has been seconded to the Financial Conduct Authority in the Enforcement and Market Oversight Division. His role has been to advise on applications made by cryptoasset firms for registration under the Money Laundering Regulations 2017 and in accordance with the Fifth Money Laundering Directive. As a result, he is developing an expertise in cryptocurrency, and more specifically an understanding of the United Kingdom’s approach to regulation of cryptocurrency, to supplement his fraud and confiscation practice.

In 2018 he acted as part of an international team representing a former London based foreign exchange trader who was charged, by the Department of Justice, with conspiring to manipulate the global foreign exchange market over several years. The trader was acquitted following a trial in the Southern District of New York. His instructions were extended for the civil proceedings brought by the US Government’s Office of the Comptroller of the Currency.

In 2016 Ben was seconded to the National Crime Agency to act as part of an independent panel of counsel reviewing the processes, procedures and compliance of production orders, search warrants and evidence obtained in respect of their live and ongoing investigations.

Career

• CPS General Crime Panel – Level 3.
• CPS Specialist Fraud Panel – Level 2.
• CPS Specialist Serious Crime Panel – Level 2.
• GDC list.

Business Crime & Financial Regulation

Ben has recently prosecuted a series of cases, including as junior counsel in two multi-defendant, six-month trials, involving numerous members of an international serious organised crime group. As a result of a sophisticated and ongoing internet enabled diversion fraud the group had caused worldwide losses of over £20m.

Through the use of malware and other cybercrime technology, the group was able to dupe individuals and companies into sending legitimate payments into an intricate web of UK based mule bank accounts, with the monies ultimately ending up in China and Nigeria or being traced to the payment of goods to be exported to Africa.

He was subsequently instructed as sole prosecution counsel in the confiscation proceedings with sizeable confiscation orders being made against all defendants. The principal defendants were also made the subject of Serious Crime Prevention Orders.

Additionally, Ben was engaged as disclosure counsel in a series of four money laundering cases stemming from an international HMRC Operation. He is therefore familiar with all aspects of the disclosure process and oversaw a disclosure exercise of numerous deputy disclosure officers in reviewing mobile telephone and computer devices. He also receives instructions to review material that is potentially LPP.

Asset Recovery, Civil Fraud & Confiscation

Alongside his criminal practice, Ben is familiar with proceedings under the various parts of the Proceeds of Crime Act 2002. He receives instructions from several agencies in cash forfeiture proceedings and is regularly instructed by the CPS, local authorities, and private individuals to deal specifically with high value confiscation matters.

He has also acted for s.10A clients, including the wife of an international haulier who was convicted of being concerned in a multi-million-pound duty evasion.

Ben has appeared for both HMRC and private clients in a range of condemnation hearings relating to the seizure of goods and vehicles at various UK borders.

In November 2022, Ben was instructed by the CPS to prosecute a global chemical and laboratory supplier for offences under the Customs and Excise Management Act 1979 that arose from breaches of sanction controls following their attempt to export dual-use goods to listed third party countries without a licence.

Criminal Prosecutions – Private & Public

Ben is a level 3 CPS Prosecutor and receives instructions from the Fraud, Serious Crime and Proceeds of Crime Divisions.

He has experience prosecuting a range of matters in the Crown Court, both as junior alone and led junior, including homicides, serious assaults, armed robberies, drugs and firearm conspiracies (involving Encro Chat), and serious sexual offences.

He is also familiar and able to deal with the examination of vulnerable witnesses.

Additionally, Ben has prosecuted for several local authorities in fraud, food hygiene, regulatory and planning enforcement matters.

Ben has experience as a private prosecutor, acting for parties interested in protecting their clients’ trademarks, thefts and frauds, and animal welfare matters.

Criminal Defence

Ben has received instructions to defend individuals in the Crown, Magistrates’ and Youth Courts. He has been instructed to represent individuals for a wide range of offences such as: assaults, robberies, aggravated arsons, drugs, public order and theft matters.

He also represents individuals charged with an array of motoring and driving offences.

Ben has previously appeared on behalf of requested persons in various extradition proceedings.

Inquests & Inquiries

Ben accepts instructions in relation to Public Inquiries and Inquests.

Memberships

• • Criminal Bar Association.
  • Young Fraud Lawyers Association.
  • Kent Bar Mess.

Education

• Pupillage, Walnut House Chambers in Exeter.
• Bar Professional Training Course, City Law School (Very Competent).
• Law Degree, King’s College London (First Class Honours).

Prizes:

• Sir Francis Jacobs Prize for EC Law (2008).
• Inner Temple Exhibition.