Malcolm Simmons, Criminal Defence Lawyer, launches new website

September 14 23:30 2020
Highly regarded criminal defence solicitor and former international judge, specialising in complex economic crime

Malcolm Simmons, criminal defence lawyer launches his new website advertising his expert legal services advising clients who are the subject of investigations by the UK Her Majesty’s Revenue and Customs (‘HMRC’), Serious Fraud Office (‘SFO’) and the National Crime Agency (‘NCA’). Malcolm Simmons acts for many high-net-worth clients who face criminal prosecution for offences including fraud and financial crime, money laundering, corporate crime, tax investigations, bribery & corruption, insider dealing, cash seizures, restraint orders and confiscation proceedings.

Malcolm Simmons is a criminal defence solicitor and former international judge who presided in many serious and organised crime cases including complex financial crimes, tax evasion, money laundering, fraud and asset confiscation cases.  Judge Malcolm Simmons was highly respected in terms of his intellectual ability and forensic skills.

Malcolm Simmons represents many clients who are the subject of Restraint Orders and Repatriation Orders.

Prosecutors are increasingly asking courts to issue Restraint Orders thereby reducing the risk of dissipation of assets.  One issue that often causes confusion is the extent to which a court can restrain company assets.

Companies enjoy their own legal personality separate and distinct from the defendant. In normal circumstances, therefore, assets of a company do not constitute realisable property of the defendant. However, a long line of authorities have established that where a defendant is the controlling mind of the company and it is a sham and/or has been used to facilitate the criminal conduct complained of, the court may ‘pierce the corporate veil’ of the company and treat it as the realisable property of the defendant.

The Court will not, however, permit the restraint order to operate at the pre-conviction stage is such a way as to preclude the company engaging in legitimate trading activity. The restraint order will need to make provision for company assets to be released to facilitate such activity. In cases of particular complexity, an application for the appointment of a management receiver may be necessary.

In addition to a Restraint Order a court can also make a Provision of Information Order and a Repatriation Order.

A Provision of Information Order requires the defendant to provide information to the prosecutor in a witness statement, verified by a statement of truth, about the nature, extent and location of all his realisable property. Such an order may be appropriate if the value of the defendant’s known assets do not correlate with the value of the property known to have been obtained by him or her.

Repatriation Orders are orders requiring a defendant to repatriate to England and Wales assets held overseas. They are most commonly used in relation to funds held in overseas bank accounts which are vulnerable to dissipation before a letter of request can be issued and actioned to secure them.

Malcolm Simmons has an enviable success rate representing clients charged with serious offences. He uses a proactive approach and provides clear, strategic advice for the successful conclusion of cases.

If you are the subject of an investigation relating to money laundering or other tax-related offences, you should immediately contact Malcolm Simmons at for a free consultation.

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Company Name: Edward Montague Associates
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Country: United Kingdom

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