Gary Pons > Chambers of David Josse KC > London, England > Barrister Profile

Chambers of David Josse KC
5 St Andrews Hill
LONDON
EC4V 5BZ
England
Gary Pons photo

Work Department

An experienced and highly proficient barrister who specialises in complex financial cases often with a multi-jurisdictional element. Ranked in Chambers and Partners and The Legal 500.

Position

Gary is a talented and dedicated barrister. His approach to cases is distinguished by its careful preparation and measured execution.

Gary is ranked in both Chambers and Partners (Band 1), and the Legal 500 for his work in the field of POCA and Asset Forfeiture work (all circuits).

His experience in complex financial crime and asset forfeiture has allowed Gary to develop his practice over the years.

Gary has experience of foreign criminal proceedings having been involved with two high profile cases in Costa Rica. He frequently advises on multi-jurisdictional asset recovery cases.

His practice includes areas such as business crime, asset recovery and civil fraud, insolvency, and licensing.

s of Crime & Asset Forfeiture:

‘ Gary is ahead of the game in POCA cases and is superb at anticipating opposing arguments before they are even made. A great skill is translating the legal jargon into crystal clear advice in what is a highly technical field. ’

The Legal 500 2022.

‘Excellent analytical mind able to condense vast quantities of complex material and provide timely and top quality advice. Outstanding advocate.’

Chambers and Partners 2021.

“Measured, careful and very good with clients,” “he knows this area of law (POCA & Asset Forfeiture) inside out.”

Chambers and Partners 2020.

 “He’s very detail-oriented and his level of commitment is great.”

Chambers and Partners 2019.

“In court there is no doubt the judge understands what his position is – he is very good on his feet.” “A very approachable person who has the capacity to analyse complicated facts and simplify them.”

Chambers and Partners 2018.

The Legal 500 – Proceeds of Crime & Asset Forfeiture:

‘Excellent analytical mind able to condense vast quantities of complex material and provide timely and top quality advice. Outstanding advocate.’

The Legal 500 2021.

‘Very direct, which helps focus clients’ minds in multi-handed cases.

The Legal 500 2019.

Client Testimonials

“Gary is technically excellent and has a great feel for both tactics and the mood of the court. He also provides excellent client care. I would not hesitate to instruct him again.”

“Mr. Pons was an outstanding selection to represent our case. He was professional, sympathetic to our cause, quickly grasped the critical facts of our case, and clearly explained to us our legal strategy.”

Additional Information

Lectures, seminars and articles

  • Editor of Mitchell Taylor and Talbot on Confiscation and the Proceeds of Crime.
  • Gary regularly writes in Practical Law and for Lexis Nexis.
  • His article on the case of NCA v Baker was published in The Accountant magazine.

Gary provides lectures and seminars on a variety of subjects. He has recently covered the following subjects:

  • Account Freezing Orders.
  • A Webinar on Asset Tracing and Recovery with Jonathan Benton of Intelligent Sanctuary.
  • Podcasts with Get Legally Speaking on Financial Crime, Account Forfeiture & Freezing Orders.
  • Unexplained Wealth Orders.
  • Tainted Gifts
  • Criminal Aspects of Corporate Insolvency.

Gary is a member of the POCLA committee and appeared on the panel of experts at the 2019 POCLA summer forum.

Career

  • Gary was called to the Bar in 1995.
  • Gary is on the Serious Fraud Office’s (SFO) panel of external counsel: (A Panel) Proceeds of Crime and International Assistance list.
  • Gary is a Grade 3 Crown Prosecution Service (CPS) prosecutor.
  • Gary is on the approved CPS List of Proceeds of Crime advocates.
  • Sits as Legal Advisor to Royal Borough of Greenwich Licensing Sub-Committee.
  • Band C (10 years’ call and above) appointed advocate for the General Dental Council (GDC).

Asset Recovery, Civil Fraud & Confiscation

Gary is a specialist in the field of asset forfeiture and confiscation. He is one of the leading experts on the enforcement of confiscation orders. In the modern world where assets are held worldwide, this is an area which regularly crosses the border. Gary advises in relation to international enforcement of confiscation order. He appeared in the case of Moss, which is the leading authority on the recognition of confiscation order in the European Union.

He regularly advises and represents enforcement receivers appointed both under POCA and previous legislation.

Gary appears on behalf of both applicants and respondents in cash forfeiture proceedings under POCA. He advises and appears for both the applicants and the respondents in relation to account freezing order. His approach in responding to these applications has secured the setting aside of the account freezing order.

He represented the Claimant, Superior Composite Structures in a contested three-day High Court hearing to recognise a $2 million US Judgment.

Business Crime & Financial Regulation

Gary has significant experience acting for clients, both prosecution and defence, in relation to large scale fraud, white-collar crime and a variety of financial crime cases.

Gary’s business crime work dovetails with his asset recovery, confiscation and civil fraud work, which often involves technical points of law and financial detail.

Chancery & Commercial

Insolvency

Gary regularly advises on the interaction between Crime, Proceeds of Crime and Insolvency. He has lectured on both the criminal aspects of Corporate Insolvency and on “POCA and Insolvency”.

Gary now uses that experience in the commercial field and both advises and appears in insolvency proceedings.

He has experience of appearing for and advising the Trustee in Bankruptcy. He also has experience of advising companies and directors in corporate insolvency.

Criminal Defence

Gary has represented defendants throughout his career at the Bar. He has acted in the most serious of criminal cases including sexual offences, violence and the supply of drugs. Gary has also been led on cases involving allegations of murder, conspiracy to murder and appearing alone in relation to an attempted murder.

Criminal Prosecutions – Private & Public

Gary is an experienced criminal barrister.  He is a Grade 3 Crown Prosecution Service (CPS) prosecutor and is on the approved CPS List of Proceeds of Crime advocates. Gary accepts instructions in relation Private Prosecutions.

Extradition & International

Gary has experience in international criminal cases having acted in a high profile case at the Tribunal of the First Judicial Circuit, South, in Costa Rica. He was part of an international defence team that successfully represented Ann Patton in relation to an allegation that she murdered her husband, the successful Wall Street trader John Bender. Gary is fluent in Spanish which enabled him to play an active part in the preparation as well as assisting the legal teams with interpreting legal documentation that formed the basis of the case. Click here to read the Daily Mail news article.

Gary continues to advise in relation to these complex proceedings and regularly travels to Costa Rica to provide assistance.

Gary is an experienced extradition practitioner. He was junior counsel for the third appellant Rozanski in the Supreme Court case of Pomiechowski and others.

Inquests & Inquiries

Gary accepts instructions in relation to Public Inquiries and Inquests.

Languages

Gary is fluent in Spanish.

Memberships

  • Grays Inn.
  • Criminal Bar Association (CBA).
  • South Eastern Circuit (SEC).
  • Proceeds of Crime Lawyers Association (POCLA).
  • Fraud Lawyers Association (FLA).

Education

  • Inns of Court Law School, Bar Vocational Course.
  • University of Kent at Canterbury: English and Spanish Law.
  • Year at Complutense University in Madrid: Diploma in Spanish Law.

Lawyer Rankings

London Bar > Proceeds of crime (POCA) and asset forfeiture

(Leading Juniors)Ranked: Tier 1

Gary Pons5 St Andrews Hill

5 St Andrews Hill acts on all types of POCA matters and has ‘leading expert teams in extradition, financial crime and civil asset forfeiture‘. For example, Andrew Bird KC led Gemma Rose in FCA v Faithfull, where the team acted for the Financial Conduct Authority in relation to a boiler room fraud on account forfeiture applications, restraint orders and cross jurisdictional issues. Gary Pons was instructed by the prosecution in cases concerning forfeiture of cash and account forfeiture orders following a complex and lengthy investigation where the proceeds were believed to stem from evading Landfill Tax and VAT, obtained by falsification of records and off-book tipping and laundering, and Sarah Wood acted for the respondent in NCA v USA D&D International and Others on an application for the detention of £4m worth of gold seized at Heathrow in 2019 while en route from Venezuela to Switzerland, and assumed to be a money laundering attempt by South American drug cartels.