Stephen Harvey KC

Stephen has prosecuted and defended in equal measure in all aspects of the criminal law, and particularly over recent years, in allegations of serious and non-recent sexual offending and 'shaken baby' homicides and assaults. His practice also includes offences involving organised crime, white and blue collar fraud, firearms, drugs, explosives, computer crime, copyright theft, proceeds of crime, money laundering and road traffic.

In his regulatory practice Stephen has defended against prosecutions brought by all of ghe main regulatory bodies, both her and abroad.

About me

From 1982-1990, Stephen had a general common law practice in the provinces. It developed into a solid criminal practice and in 1990 Stephen joined the then Attorney General's Chambers and developed a solid background in serious crime. Over the past few years his practice has expanded into other areas.

Notable cases

Much of Stephen's recent criminal fraud practice has involved advisory work at an early stage of an investigation. When defending, he has sought to influence its course and to negotiate a favourable outcome for the client. In this role Stephen has dealt with the major investigating bodies including the Serious Fraud Office (using its wide-ranging powers) and the Financial Services Authority in its regulation of financial markets as well as large-scale fraud inquiries by the police and the CPS.

• R v AB, Represented a bank manager who had spent some years defrauding his bank using 'ghost' accounts and other devices to conceal and move monies around.
• R v J, Financial Services Authority prosecution of a large insurance brokerage and allegations of misappropriated premiums. Case involved 'early day' successful appearances in the Chancery Division in respect of a number of world-wide injunctions granted to the investigators.
• R v M, An insurance company fraud involving substantial amounts of monies being syphoned off through a complex trail of bank accounts throughout Europe.
• R v W, A substantial VAT 'carousel' fraud brought by HMRC involving cross-jurisdictional transactions, money laundering and a 'supergrass'.
• R v G, A fraud involving the creation of a company to act as a vehicle for the sales of vast quantities of stolen specialist building materials from the company employing the defendants.
• R v H, A six-figure fraud on an international leasing company by the 'creation' of assets against which funds were borrowed.

Proceeds of crime and money laundering:

• R v M, A large conspiracy to steal and distribute prestige cars throughout Europe with the proceeds being passed through a network of bank accounts.
• R v C, An international conspiracy to supply drugs and launder the proceeds through bank and building society accounts in the UK and in Spain.
• R v B, Successfully retained the clients financial interests in a property in the face of the prosecutions claim that all the property should be the subject of confiscation.

Corruption:

• R v A, Represented a senior tax investigator employed by the Inland Revenue who was acquitted upon all allegations of corruption after an inquiry lasting 4 years and a trial lasting 3 months.

Espionage:

• R v M, Successful defence of an army major charged with spying.

Stephen has spent 40 years defending in cases across the whole spectrum of the criminal and regulatory law. He has appeared before courts and inquiries at all levels in the pursuit of his client's cases. His full profile can be seen at [www.3pb.co.uk](http://www.3pb.co.uk) He is shortly to be instructed by an overseas investment bank in relation to its obligations under the European Market Infrastructure Regulations (MMIR), the Markets in Financial Instruments Directive (MiFID II), the obligations that the Foreign Account Tax Compliance Act (FATCA) imposes (introduced by the American government with effect from July 2013) and of its responsibilities under the Dodd-Frank Act.

• R v C Z, Successfully argued for a low-level penalty having analysed in microscopic detail the way in which the breaches of the regulations had come about. The fines imposed were 1/5th of those expected.

Health and Safety

• R v M, Advised upon the non-prosecution of a nursery school where a 3 year old child died in an accident whilst at school. The case eventually went to judicial review where Stephen's original advice as to what course the case should take was approved and upheld by the Queen's Bench Division.
• R v S, Alleged breaches of workplace regulations concerning welding equipment. Employee died in an explosion and the HSE investigated. Advised from the outset and before the client was interviewed. As a result the HSE were persuaded not to prosecute the client although others were.

Planning enforcement

• R v BP, Alleged breaches of planning regulations over a 10 year period. Successfully argued technical failures in the prosecution case leading to acquittals on all matters and a full indemnity of costs.
• R v SL, Successfully argued highly technical issues regarding planning enforcement proceedings taken by a local authority against a person with no legal or equitable interest in the property. Client obtained a full indemnity of the costs incurred.
• R v P, A planning enforcement case involving technical submissions regarding the local authority's litigation procedures. Case resulted in an acquittal after three days of legal argument. The client was awarded all of his costs.

Inquests

• R v AB, Represented the family of a deceased who died as a result of alleged medical negligence whilst in hospital. Key witnesses were cross-examined at this critical stage to facilitate the progress of the civil action in clinical negligence against the doctors and the health authority.
• R v GH, Client involved in a fatal road traffic accident and was facing a criminal prosecution for causing the death and a civil action for damages. Successfully cross-examined key witnesses at this key stage of the matter resulting in no prosecution taking place.

The economic situation has also seen a growth in the number of small to medium sized businesses enter the 'Peer to Peer' lending market. Stephen is currently advising a small British PLC wishing to create a peer to peer lending operation on the regulatory framework attaching to such an operation and Stephen has commenced the drafting of the documentation required for use in this new venture.

Professional & academic

King's Counsel, LL.B(Hons)(Lond), A.Ch.Inst.Arb.