Rebecca Chalkley

Barrister – Door Tenant

Called 1999

Experimental Psychology BA MA (Oxon) (1993 – 1997)

St Hilda’s College, Oxford, Law Network

The Queen Mother’s Scholar, Middle Temple 1999

Midlands Circuit

South Eastern Circuit

Criminal Bar Assocation

Fraud Lawyers Association

Standing Counsel to the Insolvency Service 2017

CPS Prosecutor (Midlands Circuit) and re-appointed to London & South Eastern Circuits – Grade 3 2016

General Medical Counsel (GMC) 2015

SFO Prosecution Panel – A List 2013

CPS Specialist Advocates Panel for Serious Organised Crime and Fraud (Grade 3) 2013

Attorney General’s Regulatory List of Health & Safety Executive, Office of Rail Regulation and Environment Agency – B List 2012

Attorney General’s Prosecutor – B List 2006

Background

Rebecca specialises in all areas of financial crime and commercial wrong-doing.

Her areas of expertise include Insider Dealing, Bribery & Corruption (international and domestic), legal professional privilege, money laundering and Tax Fraud (direct and indirect), fraudulent trading, financial vehicles and the full spectrum of frauds. She is regularly instructed in matters of complexity and sensitivity, and often with an international dimension.

She has been instructed in two cases which resulted in Deferred Prosecutions Agreements (DPA). Including the largest to date.

She is Standing Counsel to the Department for Business & the Insolvency Service and consequently advices the department on the most complicated issues of policy and their prosecutions. She has a vast experience of Bankruptcy and Liquidation and prosecutions under the Insolvency Act and Directorship Offences.

She has been instructed in some of the largest Private Prosecutions that have appeared in the UK courts. She has acted in these for both individuals and corporates.

She has considerable expertise in all matters connected to disclosure and Legal Professional Privilege.

She is frequently instructed in regulatory and quasi-criminal matters on cases involving breaches of professional regulations and on behalf of regulatory bodies. This includes the Health & Safety Executive, The Environment Agency, The Financial Conduct Authority and the General Medical Council.

She is consistently instructed in extradition cases. This includes cases involving the USA, the Russian Federation and Bermuda.

She is instructed by various government departments in cases before the Special Immigration Appeals Commission (SIAC).

She was instructed by the Government, in the “Kamoka” litigation, concerning allegations of rendition and ill treatment sustained in Libya, brought against the British Government.

Fraud


Rebecca’s fraud experience is wide and includes VAT (MTIC/Carousel), corporation tax, film tax, alcohol diversion, direct tax, immigration, Fraud Act 2006, welfare benefit frauds, charity fraud and boiler rooms, attacks on the Revenue and corporate and financial wrong-doing, bribery and corruption.

She has experience in cases where consideration has been given as to the appropriateness of resolution by way of a deferred prosecution agreement (DPA). She was instructed by the SFO in the prosecution of Rolls Royce PLC which resulted in the largest DPA in UK legal history.

She has often worked with accountants and computer experts to reconstruct and understand the commercial trading history of companies and to identify and demonstrate concealed fraudulent transactions and activities. She understands complex bank movements and off-shore transactions, trusts and other financial vehicles. She is extremely familiar with analysing and dissecting business accounting records and auditing material and in presenting such evidence to a jury.

Rebecca has extensive experience of the investigation and prosecution of offences of bribery and corruption both of individuals and corporate entities.

    • Rolls Royce (2016-2019: Instructed by the SFO in their investigations into allegations of bribery and corruption.
      Telegraph
    • Sweett Group PLC (2016):  Prosecuted charges of bribery. The company pleaded to failing to prevent an act of bribery intended to secure and retain a contract with Al Ain Ahlia Insurance Company (AAAI), contrary to s7(1)(b) Bribery Act 2010, and fined £2.25m.
      Financial Times
    • Operation Elveden (2014-2016):   instructed in the various cases that formed part of the investigation into allegations involving the unlawful provision of information by public officials to journalists, including various senior members of The Sun.
    • Operation Weeting & Sacha) (2013-2016) The “Phone Hacking” case at The News of the World & the investigation into allegations of perverting the course of justice.
      The Guardian
    • Operation Blastfurnace (2012-13) Multi-million pound VAT and the first film tax credit fraud prosecution arising from a bogus film-production Landscape of Lives, which became the subject of a BBC Storyville documentary The Great Gangster Film Fraud.
      BBC

 

Insolvency, Directorship and Bankruptcy 


Rebecca is Standing Counsel to the Department for Business & the Insolvency Service and consequently advises the department on the most complicated issues of policy and advises on and acts for the Department in their most serious and high profile prosecutions and investigations. She has a vast experience of Bankruptcy and Liquidation, offences under the Insolvency Act and Directorship Offences.

 

Proceeds of Crime (POCA)


The majority of the cases that Rebecca has prosecuted have required consideration and achievement of confiscation and parallel restraint proceedings.

Rebecca has experience of the seizure of sums of money under POCA. She obtained what is believed to be the first restraint order in a private prosecution on behalf of a blue-chip company.

  • Operation Devout Confiscation (2008-2014): Multi-million pound, multi-jurisdictional confiscation proceedings involving the movement of money through trusts and bank accounts in Jersey, the British Virgin Islands, Liechtenstein, Dubai and Switzerland.
  • R v L and H (2016): Prosecution of two individuals for perverting the course of justice and money laundering arising from confiscation proceedings in a previous prosecution.
  • Operation Echogramme (2009): Prosecution of multi-handed money laundering of the proceeds of MTIC fraud involving abuse of process arguments on res judicata and alleged manipulation of the process in relation to the contrasting regimes of POCA 2002 and the Criminal Justice Act 1988

Organised Crime


Rebecca has been instructed for the last 20 years in a very large number of drug trafficking and money laundering cases, involving various national and international law enforcement agencies. This has included prosecuting the largest on-land seizure of cocaine. The drugs had a street value of in excess of £65 million.

She has considerable experience of working with policy, training and various specialist teams, including those responsible for the gathering and handling of intelligence and witness protection. She also has extensive experience of Part 1 RIPA material and the use of undercover officers and informant involvement both in this jurisdiction and abroad. She is alert to the competing issues in relation to QE witnesses and is thoroughly familiar with all aspects public interest immunity (PII).

  • Operation Prelacy (2012) (SOCA): prosecution for money laundering: see R v El-Kurd [2001] Crim L R 234.
  • Project Galloway (2003-07) (HMCE & HMRC): Junior counsel in Class A drug importations. Over 100 seizures (6 tons of Class A drugs in the UK and more abroad) and 300 targets. The largest and most successful umbrella operation of its type.

 

Extradition


Rebecca has detailed knowledge of both Part One and Part Two of the Extradition Act 2003.

She is currently instructed in a series of high profile and complex cases acting for the Russian Federation. Rebecca is familiar with Article 3 issues arising from political and human rights (including Prison Conditions) conditions within that country.

She has recently successfully acted for the US Government in a complex case involving the selling of counterfeit cancer drugs in the USA and a manslaughter case.

Rebecca is regularly instructed in before and on behalf of Regulators and Regulatory bodies.  She has experience in preparing cases and pleadings for tribunals.

Her fraud background gives her the ability and experience to assimilate and present complex and data dense material in a comprehensible, persuasive and simple manner.

Rebecca has considerable experience of prosecuting and advising upon matters relating to financial service, anti-bribery & corruption and money laundering regulations within the private and public sectors.

 

Financial Services


Accountancy Scheme Investigation (2011) instructed by Accountancy & Actuarial Discipline Board (AADB) to review the auditing and base line accountancy records of a multi-national company and its auditor’s handling of accounts.

Rebecca is currently instructed as lead counsel with a junior, by the Financial Conduct Authority (FCA) to act for them, to prosecute an Insider Dealing case.

 

Health & Safety


In 2012 Rebecca was appointed to the Attorney General’s Regulatory List of prosecutors which includes the Health & Safety Executive, Office of Rail and Road and the Environment Agency.

She is regularly instructed by the HSE to advise on and prosecute companies and individuals for breaches of health and safety regulations. This has included cases where individuals have suffered both life changing injuries and cases where a fatality has occurred as a result of the breaches. Rebecca has gained considerable experience in prosecuting cases involving asbestos.

  • Barroerock Construction (2017) prosecution for health & safety breaches in connection with the handling and removal of asbestos. The company was fined £750k.
    KentOnline

 

The Environment Agency


Rebecca has been and is currently instructed in some of the Agency’s  largest and most high -profile recent prosecutions. These have included prosecutions relating to both legal and illegal waste sites and the first prosecution under the Waste Electrical and Electronic Equipment (WEEE) Regulations which came into force in January 2007. She is currently instructed in the prosecution of two water companies in separate prosecutions for their alleged Environmental breaches.

 

Rowanoak Waste Services Ltd (2018-2019) The prosecution of two companies and four individuals for a waste site in Derby, where approximately 2,000 tonnes of waste had been abandoned.
BBC

 

Medical


Rebecca is instructed on a regular basis to represent the General Medical Council (GMC) at fitness to practice hearings. She is very comfortable, in part due to her undergraduate degree, in dealing with the medical reports, terminology and papers, associated with medical expert evidence. Her fraud background has resulted in her being able to assimilate and present complex and data dense material to a tribunal in a comprehensible, persuasive and simple manner.

Rebecca was instructed in the Azelle Rodney Public Inquiry into the death of a man shot by the Metropolitan Police in 2005. She was instructed in the High Court litigation, arising from the Chairman, Sir Christopher Holland’s findings. This included Judicial Review proceedings. Rebecca was instructed by HMRC who was a Core Participant in the Inquiry and who was the intelligence provider to the Metropolitan Police.

She also advised on matters arising from the Duggan Inquest (the shooting which triggered the London summer riots in 2011).
BBC

Disclosure & LLP


Rebecca’s expertise on disclosure issues is wide. She frequently lectures on the subject to lawyers and investigators in the private and public sectors.

She is regularly instructed to run large and complex disclosure exercises. This includes managing teams of lawyers and investigators, advising on approach and drafting detailed disclosure management documents (DMDs).

She was instructed by the Serious Fraud Office to head the disclosure team of lawyers, investigators and junior counsel in their investigation into Rolls Royce PLC. This was the largest investigation that the SFO has carried out.

She was recently instructed by Eversheds LLP to head up the disclosure team charged with carrying out disclosure in a private prosecution on behalf of a multi-national Blue Chip company.

Rebecca is frequently instructed to act as Independent Counsel in the review of material to determine whether it attracts LPP. She has recently been instructed to review such material both at the scene of the raid and search and also once the material has been removed to a secure and appropriate location. She has been and is instructed in these exercises by the SFO, City of London Police and various Police Forces.

 

Trading standards


R v L (2016) – advised on a number of intellectual property matters regarding multi-national consumer brands.

 

 

Public Law & Immigration


Rebecca is regularly instructed by government agencies and departments to act for them and to advise on a range of matters.

She is instructed by various government departments in cases before the Special Immigration Appeals Commission (SIAC).

She was instructed by the Government, in the “Kamoka” litigation (2018-2019), concerning allegations of rendition and ill treatment sustained in Libya, brought against the British Government.

Lectures & Training


Disclosure  a training programme delivered and written for the Department for Business: 2016- 2019

In April 2016 she delivered training to GMC lawyers and investigators on “Management Failings as a basis for a finding of Misconduct against a Doctor”.

Disclosure from both a Private Prosecution and Defence perspective: training session for Eversheds LLP and EMM LLP (2016) .

Member of Discussion Group on Review of Sanctions for Disclosure Failures: 2012 (2012) : part of the process which culminated in the report by Gross LJ & Treacy LJ. Further Review of Disclosure in Criminal Proceedings: sanctions for disclosure failure (2012).

Lectures to Police and Customs Officers, on law, in preparation for the creation of the Serious Organised Crime Agency, and to SOCA officers on sensitive issues: 2006-2007

Advocacy training of HMRC’s Solicitor’s Office solicitors (2011)

Training of SOCA officers (April 2009).

 

Publications


RIPA contributor:  Judicial Studies Board (2008).

CPS Guidance Notes for the Prosecution of VAT & Excise Frauds Co-author (2006-2007).

Response to the Review by Lord Justice Auld of the Criminal Courts: General Council of the Bar & CBA contributor (2001).

Standing Counsel to the Department for Business & the Insolvency Service 2017

CPS Prosecutor (Midlands Circuit) & re-appointed to London & South Eastern Circuits- Grade 3 2016

General Medical Counsel (GMC) (Full List) 2015

SFO Prosecution Panel- A List 2013

CPS Specialist Advocates Panels for Serious Organised Crime and Fraud (Grade 3) 2013

Attorney General’s Regulatory List of Health & Safety Executive, Office of Rail  Regulation and Environment Agency- B List 2012, reappointed 2019.

Attorney General’s Prosecutor- List B 2006