Rachel Ferrari (née Clark)

Proceeds of Crime

Rachel regularly advises and appears in court in Proceeds of Crime Act 2002 matters.

Representative work includes:

• HMRC v D and others: Represented the ‘affected person’ in 2-day contested account forfeiture proceedings brought by HMRC. Received praise for her “impeccable eye for detail” and being able to “guide us and the client skilfully throughout the process. Her knowledge of the law and the procedure reassured us and the client. It was a pleasure working with Ms Clark and we would gladly work with her again. She was responsive and approachable.”

• MPS v G and others: Acted as sole counsel for the Metropolitan Police Service in 6-day contested cash and account freezing and forfeiture proceedings involving allegations of money laundering and legal arguments concerning disclosure, civil procedure, and expert evidence. Successfully secured forfeiture in all nine applications, together with costs exceeding £22,400.

• MPS v A: Successfully countered abuse of process arguments to secure cash forfeiture.

• Regularly acts for both respondents and the prosecution agencies:

• in proceedings to vary / set aside freezing orders;

• advising on technical issues in relation to restraint;

• in confiscation proceedings;

• in applications under ss.22 and 23 POCA 2002, including as to negotiation strategy; and

• in POCA 2002 matters where there are parallel tax tribunal or criminal proceedings.

• Has also advised on the risks of an unexplained wealth order being issued against a high-profile individual.

• Spent a year seconded part-time to the Criminal Prosecutions Team (Proceeds of Crime) at the FCA, engaging in casework addressing the proceeds of crime aspects of ongoing operations.

Corporate Investigations/Civil Disputes/Fraud

Rachel has built up a varied practice in corporate investigations, civil disputes and fraud (both civil and criminal), acting alone and as part of a wider team. 

Representative work includes:

• Experience acting and advising on freezing injunctions, Norwich Pharmacal orders and Bankers Trust relief.

• Led by John Carl Townsend in high value, international, multi-claimant High Court civil fraud proceedings.

• Instructed as sole counsel in civil injunction proceedings before the County Court, involving interconnected criminal charges.

• Being led by Narita Bahra KC in high-profile criminal fraud proceedings involving complex disclosure arguments. Successfully secured over £68,000 in wasted costs.

• Led by John Carl Townsend, previously acted for a high-profile e-sports coach in relation to his dispute with the Esports Integrity Commission, which was settled in accordance with a joint statement published on ESIC’s website.

• Advised a company on challenging HMRC’s decision to cancel its registration under the UK anti-money laundering regime, in a matter involving allegations of CJRS (furlough) fraud and PAYE irregularities.

• Assisted with urgent advice on a civil tax fraud investigation (COP 8), including as to the risk of civil evasion penalties.

• As part of a team, assisted with corporate internal tax investigations and related extensive disclosure exercises. Heavily involved in drafting related advice on protecting legal professional privilege in such circumstances.

• Drafted anti-money laundering, anti-bribery, whistleblowing and prevention of tax evasion policies and procedures for a high-value collectibles business.

• Co-drafted advice on varying an enforcement receivership order in a multi-million-pound boiler room fraud.

• Advised in the preparation of an expert opinion for an arbitration concerning international corruption. 

Tax

Having practised for three years as a specialist tax solicitor in a major City law firm before transferring to the Bar, Rachel is well-placed to advise on tax investigations, or financial wrongdoing cases involving a tax element. She has a meticulous eye for detail and is practised at distilling complex cases. 

Representative work includes:

• In-depth experience of tax tribunal proceedings, including strategic and day-to-day involvement in a major tax appeal for a Fortune 500 company before the First-tier Tribunal and then Upper Tribunal, spanning 3 years.

• Secured a settlement with HMRC regarding the valuation of a property in a tax dispute for a high-net-worth client based in Kuwait. Praised by the client for being “pro-active, prompt, honest, pragmatic”.

• Acting alone, advised the Respondent to account forfeiture proceedings brought by Kent Police, and parallel tax tribunal proceedings against HMRC.

• As sole counsel, advised a company on challenging HMRC’s decision to cancel its registration under the UK anti-money laundering regime, in a matter involving allegations of CJRS (furlough) fraud and PAYE irregularities.

• As part of a team, assisted with corporate internal tax investigations and related extensive disclosure exercises. Heavily involved in drafting related advice on protecting legal professional privilege in such circumstances.

• Assisted King’s Counsel in advising on an investigation into the corporate offence of the failure to prevent the facilitation of tax evasion.

• Involved in multiple tax judicial reviews, including in case strategy and procedure prior to proceedings before the Administrative Court, and an application for permission to appeal to the Supreme Court.

• Assisted with urgent advice on a civil tax fraud investigation (COP 8), including as to the risk of civil evasion penalties.

• Practical experience providing technical and strategic advice on:

• disclosing historic tax irregularities;

• challenging information notices and accelerated payment notices; and

• appealing discovery assessments.