The importance of getting early advice

Kate McMahon of Edmonds, Marshall, McMahon on EMM’s unique offering to victims.

Edmonds, Marshall, McMahon (EMM) was set up in 2012 as a boutique firm specialising solely in private prosecutions, the first and only specialist private prosecution firm in the country. The three founding partners are all experienced prosecutors, with Tamlyn Edmonds previously heading up the prosecution team for the Department of Health, Kate McMahon prosecuting for the bribery and corruption team at the Serious Fraud Office (SFO), and Andrew Marshall being a Grade 4 Advocate for the Crown Prosecution Service (CPS) and Standing Counsel for the Attorney General’s list of prosecuting counsel.

The three founding partners felt there was a gap in the market in that certain types of offences, particularly fraud and counterfeiting, were no longer the priority of police and traditional law enforcement, and consequently not all offences were being investigated. They therefore set up EMM to offer a tailor-made service to corporates and individuals who had been the victim of crime, and where the state was unable due to resource issues and lack of expertise, to investigate and prosecute those offences.

Since its inception, EMM has gone from strength to strength and has managed to attract international civil fraud, trust and asset-tracing specialists, with Robert Hunter recently joining from Herbert Smith Freehills and Sofie Hoffman from Boodle Hatfield. EMM has been awarded 2014 Boutique Law Firm of the Year – London by The Lawyer, obtained one of the largest confiscation awards in the last decade, has been invited to sit on the City of London’s specialist fraud panel and has won a number of high-profile cases – a huge amount to achieve in such a short space of time.

It therefore begs the question of how the firm has been able to take off to the extent it has since its opening in 2012. Aside from the quality of the work it undertakes, the fact is that it is doing something no other firm is doing. The firm specialises in private prosecutions and is completely unique in that it is staffed by highly-experienced prosecutors who have experience prosecuting some of the largest fraud cases in the country. This has enabled EMM to tackle large-scale fraud and counterfeit cases that are currently not being investigated by traditional law enforcement authorities, and to prosecute those cases efficiently and to a very high standard. In 2016, EMM added a civil fraud arm to its expertise to enable it to tackle fraudsters in different jurisdictions and with lightning speed.

The firm currently undertakes scoping interviews early on with all victims, usually corporate. At this point the victim can be advised at an early stage whether to use civil proceedings, criminal or both. To have that advice at a very early stage is critical to the success of the case later and ensures the best chance of having the money returned. EMM considers that dual litigation for optimal recovery is the litigation of the future. With careful planning, the best advantages of both civil and criminal jurisdictions can be utilised to the victim’s advantage, to ensure that the criminality is punished and that assets are retrieved.

It’s a common misconception that only the Crown or statutory prosecuting authorities can use the criminal system to prosecute people or companies. Section 6(1) Prosecution of Offences Act 1985 provides the right for individuals and companies to bring a private prosecution, with private prosecutions often being quicker, more focused and more efficient than public prosecutions, especially in cases involving fraud. The increase in cyber crime and financial crime in general has inevitably led to an increase in victims looking to private prosecutions to ensure justice.

Since the early 1990s, international fraud and asset tracing has emerged as an increasingly specialist area. In order to co-ordinate an effective asset tracing or fraud claim, it is usually necessary to be familiar with injunctive relief and asset seizure, and to have experience of investigation and all forms of forensic enquiry. Practical experience of litigation in the major offshore jurisdictions and financial centres is often also required. EMM commonly advises individuals in relation to all criminal and civil fraud matters. Frequently, clients require a second opinion if their case has been rejected by the police or SFO or, in the case of criminal proceedings, may require assistance with submitting an evidential package to the police or CPS to ensure the best chance of the case being taken on.

EMM frequently advises on evidence, charges and chances of success, and will often assist in an early investigation. Due to the expertise of EMM, it is able to advise at an early stage as to what further evidence should be obtained to build a strong case and how to obtain it, and can then prepare the case to the requisite standard. The better prepared a case is at the beginning, the greater the chance of achieving results for the victim. EMM pursues all its cases with unparalleled determination and vigour, and constantly strives to provide a high-end service to victims of fraud and general crime.

EMM’s experience, expertise, extensive knowledge and contacts throughout the criminal justice system, police and private agencies has earned the firm a significant reputation in its field of expertise, and means that it can offer an all-encompassing service, from advice and investigation, through to criminal and/or civil proceedings, and subsequent tracing, confiscation and enforcement. To receive that level of expert advice and guidance directly at a very early stage is crucial to the success of the case.

‘EMM considers that dual litigation for optimal recovery is the litigation of the future.’
Kate McMahon,Edmonds, Marshall, McMahon