The current financial crisis has seen the rise of allegations of mortgage fraud across the spectrum. Bankside Law recently successfully defended a chartered accountant accused of conspiracy to defraud by being involved in a dishonest agreement to perpetrate a mortgage fraud on a number of banks and building societies. The prosecution's case was that our client had falsely and dishonestly certified incomes from mortgagors so they could obtain mortgages. Our client was represented by Osondu Anodu who instructed specialist fraud advocates Avtar Bhatoa as lead counsel with Jonathan Goldring as junior counsel. Having considered our client's instructions and the evidence in the case, expert forensic accountant, Sam Narula, of Samuels was instructed.
With assistance from our legal team Sam was able to produce a report which seriously challenged the basis of the case against our client. The prosecution instructed their own expert who was unable to rebut the findings of Mr Narula and consequently they offered no evidence.
Osondu said at the conclusion of the case that, "This case highlighted the true essence of case preparation and the need to exploit all avenues including the scrutiny of all the prosecution evidence in cases". Mr Bhatoa, said, "This case is an instance of an early termination of a prosecution by pro-active defending where the instruction of a good forensic accountant expert led to the prosecution realising that their case was untenable and therefore caused them to offer no evidence. The defendant was formally found not guilty and able to carry on in his profession."

The client at the conclusion said, "I will never be able to thank Bankside Law and John Williams for their good advice and assistance and Avtar for believing in me. My wife Anne's and my own heartfelt thanks particularly to you (Osondu Anodu) for your support throughout my ordeal."
Osondu was also able to recover his client's entire out of pocket travel expenses as well as all solicitors' costs paid by the client in this matter.
Managing Director John Williams said "I am delighted for our client and that his good character remains intact. I am very pleased that the team we put together was so effective in ensuring a very stressful and traumatic trial was avoided. I believe this case is a good example of how solicitors can work with other solicitor advocates, barristers and expert forensic accountants to produce an expert team to work in the best interest of our clients. Many thanks to Ossie, Avtar, Jonathan and last but not least Sam for all their hard and successful work on this case."


© Bankside Law Ltd, 2010