The Legal 500

Position

Mohammed Khamisa’s practice is focused upon serious fraud, where he has established an excellent reputation. He is currently listed in The Legal 500 as a Leading Silk in the field of fraud (crime). He has been instructed in numerous heavy fraud cases involving MTIC/VAT fraud, duty evasion, mortgage fraud, tax fraud and pharmaceutical fraud, which also involve complex issues relating to confiscation and restraint. He compliments this work by appearing before specialist regulatory tribunals: First Tier Tax Tribunal; the General Medical Council; and the Financial Services and Markets Tribunals. With increasing frequency he is requested to appear as a Special Advocate in control order cases in the Admin Court and Court of Appeal Civil Division. He has been praised by solicitors for his meticulous preparation, hard work and easy manner with clients. He is regarded as an exceptional tactician, both inside and outside the court room. Associated work: Serious Fraud Office (leaders list); Standing Counsel to the Department of Trade and Industry; Special Advocate (leaders’ list) of the Security Immigration and Asylum Commission (SIAC) and Control Order cases; Recorder; Legal Assessor to the General Medical Council (2007-9). Reported cases: R v Bajwa (Naripdeep Singh) & ors [2011] EWCA Crim 1093 (successful appeal against confiscation order in which CACD gave new guidance on the interpretation of s75(2)(c) POCA (‘lifestyle’ trigger under ‘six month’ rule); R v Harvinder Singh Mattu (2) [2011] EWCA Crim 670 (successful appeal against sentence for mortgage fraud offences in which offences predated separate sentence imposed for drug trafficking offences); ZZ v Secretary of State for the Home Department [2011] EWCA Civ 440 –civil evidence; administration of justice –leave to remain –National Security –reasons –refusal –Special Immigration Appeals Commission; BH v Secretary of State for the Home Department [2009] EWHC 2938 (admin) –prevention of Terrorism Act 2005 –control order –judicial review –modification appeal –whether the PTA provides for a personal search of the controlee –s1 PTA –where no express power for personal search can it be implied; BM v Secretary of State for the Home Department [2009] EWHC 1572 (admin). Control Order –modifications –Article 6 –disclosure –Terrorism (United Nations Measures) Order 2006 –deprivation of civil rights; McInerney v Financial Services Authority and the Medicines and Healthcare Products Regulatory Agency v Carlton [2009] EWCA Crim 997 –section 41 of the Proceeds of Crime Act 2002 (POCA) –variation of restraint orders for provision of legal representation –‘reasonable living expenses’ meaning; Secretary of State for the Home Department v AM [2009] EWHC 3053 (admin). Prevention of Terrorism Act 2005 –Control Order –disclosure –ulterior motives of the Security Services –improper delegation –anonymity; R v Mehta [2009] EWCA Crim 1601 –benefit from criminal conduct, carousel fraud, Confiscation Order –calculation of Confiscation Order (hidden assets); CPS Sussex v Harvinder Mattu [2009] EWCA Crim 1483. Prosecution appeal s58 CJA 2003 –abuse of process –prosecution seeking to go behind agreed basis of plea –reliance of material from previous trial –appeal dismissed with costs. Secretary of State For the Home Department –and-AF, AM, and AN –and between AE and SSHD [2008] EWCA Civ 1148, subject: Control Orders –prevention of Terrorism –Human Rights -Article 6 ECHR –CPR part 76 –deprivation of liberty –disclosure; Abu Rideh v Secretary of State for the Home Department Queen’s Bench Division [2008] EWHC 2019 (admin). Control orders; modification; necessity; proportionality; restrictions; ZZ v Secretary State for the Home Department (SIAC) 30th July 2008 SC/63/2007/355/08; immigration (European Economic Area) Regulations 2006; restrictions on free movement; expulsions from UK on grounds of National Security; standard of proof; Article 6; R v Mehta Court of Appeal (criminal division), [2008] EWCA Crim 1491, subject: sentencing. Carousel fraud; money laundering; sentence length; R v Saleem (Zafran Akhtar) CA (criminal division), [2007] EWCA Crim 1923; criminal evidence; bad character –admissibility; R v S CA criminal division), [2005] EWCA Crim 3616 sentencing; extended sentences; extension periods; PSRs; psychiatric evidence; statutory interpretation. Notable cases: recently: fraud: Operation Singapore: defending allegations of international conspiracies to defraud, associated with the importation and distribution of counterfeit prescription medicines from the European Union (2011); European Environmental Services Ltd v HMRC: Instructed to represent the appellant in a multi-million pound MTIC allegation (2011); Xentric v The Commissioners for Revenue & Customs –represented a company appellant before the Tax Tribunal in a substantial and complex £5m MTIC fraud repayment claim (2010); R v Sainsbury and eight others 2010 –charities fraud –money laundering –use of legitimate charities’ structure to defraud and launder several hundred thousand pounds through complex companies’ structures; R V Eshaq Khan –election fraud; Representation of People’s Act 1983. Murder: R v Lindsay (murder acquittal) (2011); R v Aulakh (gang-related ‘honour killing’)(2011); R v Sarpong and others 2009 (gang related killing); R v Balasubramaniam 2009 (drugs related murder); R v Kesington and Taylor 2009 (drugs-related murder); R v Dunkley 2009 (stranger killing); R v Smith and others 2009 (gangland shooting); Serious crime: R v Cobbina 2009 (drugs conspiracy/crack factory); R v Khaled 2009 (human trafficking); R v Mehta (2008) (confiscation proceedings (£10m)); R v Jaggs (2007) murder, (“The Harrow School Murder”); R v Ghuman –international human trafficking 2007; R v Mahmood and Gill (2007) Insolvency Act offences; Dti v Hill and Robinson (2007) fraudulent trading under the ‘Buy to let Scheme’; R v Benham and others (2006) £5million robbery from Heathrow Airport (defence); R v Fox and others (2005), £33million gold bullion robbery; R v Mann, 2004/2005, fraud on the postal system; R v Alibhai and others (2002), £50m conspiracy to defraud the Microsoft Corporation.

Career

Called 1985; Middle Temple; QC 2006.

Languages

Urdu, Hindi, Gujarati.

Member

Fraud Advisory Panel; Proceeds of Crime Lawyers’ Association.

Education

Queen Elizabeth Boys’ School; City University London (BA Hons Law).

Leisure

Rugby, cricket.

Practice Areas

Crime - general; Fraud: crime; Tax - VAT, C&E